Forum:
International Court of Justice
Issue:
Sovereignty dispute over Gibraltar (Spain v. Britain)
Student Officer: Jash Vora
Position:
Deputy President of the International Court of Justice
Introduction
Gibraltar, a limestone outcrop less than six square kilometres (2.2 sq. miles) wide,
is a British Overseas Territory at the mouth of the Mediterranean whose sovereignty is also
claimed by the bordering nation of Spain. The current residents are self-governing British
citizens who under the British Nationality Act of 1982 have been granted full British
citizenship and subsequent rights, although they have their own Chief Minister.
Since Gibraltar’s capture in 1704 by Anglo-Dutch forces during the War of Spanish
Succession, the island has been globally recognized as a British Overseas Territory.
Despite its geographical proximity to Spain, Gibraltar has remained as a part of Britain
because the Kingdom of Spain officially ceded the territory “in perpetuity (sic.)” to the
United Kingdom via the Treaty of Utrecht signed in 1713.
After a relatively placid 250 years since the Treaty of Utrecht was signed, the last
fifty years have witnessed a series of debates launched by Spain in an effort to reclaim
Gibraltar following the decolonisation agenda at the United Nations, with the British
countering with their own allegations against the Spanish. Tensions sparked in August
2013 when the Gibraltarian Government began constructing an artificial reef off Gibraltar’s
West Coast in order to encourage the growth of marine life in the region. Spain claims that
the reef was deliberately set up in that particular area to draw away local Spanish
fishermen, who are thus incurring losses. The dispute has been therefore rekindled, with
Spain threatening to take the matter to the European Union’s Court of Justice and the
International Court of Justice.
Definition of Key Terms
Right to Self Determination
The right to self-determination, first documented in Part 2 of Article 1 of the UN Charter establishes
“The political right of the majority to the exercise of power within the boundaries of a generally
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accepted political unit, area, or territory” and is protected in the United Nations Charter and the
International Covenant on Civil and Political Rights as a right of “all peoples”.
1
Borders
A border is defined as a line separating two or more administrative units, such as districts, states
and nations. Borders are both politically and militarily significant, as the breach of any border
between two nations can have serious implications on the neighbouring area. The borders in
consideration here are the maritime boundaries of Gibraltar as well as its northern border with
Spain and the neutral zone in between.
Uti Possidetis Juris
A principle of international law by which the boundaries of colonies that become states are the
same as the territory encompassed by the colony before it became a state. The purpose of this
principle is to prevent the freedom of new emerging States from being threatened by struggles
being launched after the ruling nation has withdrawn from the region.
Background Information
Named "Jabal Tariq", after the Muslim commander Tariq Ibn-Ziyad who turned "the Rock"
into a fortress in 711, Gibraltar has been an important naval base for more than 1,000 years, and
has been fought over for centuries. After an invasion in 711 AD, it remained under Moorish rule for
more than 700 years. The Spanish, despite formally ceding it to London in the 1713 Treaty of
Utrecht, have wanted it back ever since due to its importance as a port and as a base, both civil
and military. This long maritime history has resulted in a diverse population. Most Gibraltarians are
bilingual in English and Spanish, and are of mixed Genoese, British, Spanish, Jewish, Maltese,
Portuguese and Moroccan descent.
700AD -1500AD (Period of Native Rule)
Following a raid in 710 AD against the local Ummayads, a mostly Berber (a North African tribe)
army led by General Tariq Ibn-Ziyad, captured the Gibraltar peninsula. Gibraltar was fortified for
the first time in 1160 AD by the Almohad Sultan because of the danger of a naval attack by the
neighbouring kingdoms of Aragon and 2Castile.
1
http://www.un.org/en/documents/charter/chapter1.shtml
In the late thirteenth century, the Castile kingdom fought off threats from neighbouring Moroccan
tribes and took over the Strait of Gibraltar. From 1309 to 1350, Gibraltar witnessed numerous
attacks from local tribes and kingdoms, mainly from the Sultans of Fez and Granada.
Eventually, the Muslim inhabitants in the Iberian Peninsula, known as “Moors”, successfully laid
siege to the area. It remained in Moorish hands until 1462 when King Henry IV of Castile launched
a surprise attack, forcing the military garrison to surrender. This caused the Moorish settlers to be
expelled from the region, leading to a mass inflow of Christians in the area. In 1474, Gibraltar was
sold to Jewish merchants, who were then expelled from the region after Spain conquered Granada
along with the Moors, as they refused to convert to Christianity. Thus, Queen Isabella I of Spain
annexed Gibraltar and its surrounding seas to the Spanish crown in 1501 AD.
1501 AD- 1771 AD (Anglo-Spanish battles and subsequent British rule)
Under Spanish rule, the peninsula lost its strategic value, and the Spanish stopped using Gibraltar
as their principal port in the region. Nevertheless, over the following century the port of Gibraltar
faced multiple attacks from the Barbary Pirates, resulting in the capture of many inhabitants and
the depletion of resources and military personnel, many of whom had been taken hostage. Another
major attack occurred when, on 5 May 1607, a Dutch fleet ambushed a Spanish fleet in the city’s
bay, destroying the entire Spanish fleet of 3,000 men. This resulted in the Spanish and Dutch
signing a 12-year truce, as the Spanish were underprepared for another surprise Dutch attack.
Hostilities between the British and Spanish empires began during the War of Spanish Succession,
3
when the English and the Dutch combined forces to fight against Prince Philip, grandson of Louis
XIV of France, and contender to the Spanish throne, fearing French domination in Europe, with
Spain recognising Louis XIV as their king.
The War of Spanish Succession was formally ended by the treaties of Utrecht, with Prince Philip
being recognised by Britain as King of Spain in return for certain territories and a guarantee that
the crowns of France and Spain would never be unified. The terms of surrender in the treaties
made it clear that the town of Gibraltar, along with Minorca, was to be ceded to the British. The
original clause in Article X of the Treaty states:
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“The Catholic King does hereby, for himself, his heirs and successors, yield to the Crown of Great
Britain the full and entire propriety of the town and castle of Gibraltar, together with the port,
fortifications, and forts thereunto belonging; and he gives up the said propriety to be held and
enjoyed absolutely with all manner of right for ever, without any exception or impediment
whatsoever.”
Another clause in the Treaty of Utrecht stated that in a case where the British decided to relinquish
possession of Gibraltar, then the Spanish Empire would be offered the territory first.
However, in 1717, the Spanish public, distraught that their nation had lost so many territories to
rival States, pressurised the Monarchy to initiate a campaign to reclaim its lost territories. Spain
recaptured Sardinia and Sicily in 1717, causing fear among the British, who offered to return
Gibraltar to Spain in order for the two nations to maintain peace. The Spanish rejected this,
resulting in Britain declaring war on Spain. Spain was defeated, and peace was established via the
Treaty of The Hague in 1720. The fact that Gibraltar was not mentioned in the treaty at all is
pertinent especially because, in the context of international treaties, any territory not mentioned by
either party in the exchanges made while the treaty is signed remains with the nation that originally
possessed it.
In 1727, Spain formally declared the provisions in the Treaty of Utrecht pertaining to Gibraltar as
irrelevant, claiming that Britain had violated the Treaty by:

Permitting people of Moorish and Jewish heritage to settle within the seceded Gibraltar region;

Extending the fortifications of Gibraltar beyond the limits which were agreed upon in terms of
the Treaty;

Failing to “adequately look after (sic.)”the Christian people living in the Gibraltar region;

Severely hindering the revenues of Spain by intentionally/unintentionally permitting the act of
smuggling goods through Gibraltar.
This led to a failed siege of Gibraltar by the Spanish. Subsequently, the Treaty of Seville in 1729
put to rest any demands that either party had regarding Gibraltar, maintaining all the previous
restrictions imposed by the Treaty of Utrecht.
In 1730, Spain built a physical border across the north end of the Gibraltar peninsula called the
Lines of Contravallation, in an attempt to cut off Gibraltar from the hinterland. However, Gibraltar
was able to rely on trade with Morocco for food and other supplies.
1771 AD -1913 AD (Regional skirmishes but overall peace)
Until 1783, Gibraltar was peaceful, with no major event transpiring in the region. However, in 1776,
when Britain was engaged in the American War of Independence, France and Spain waged war on
Britain, hoping to reclaim their lost territories, especially eyeing Gibraltar. In one of the longest
continuous sieges in modern history, the French-Spanish alliance persisted in Gibraltar, inflicting
heavy damage. However, the British managed to hold off the attacks, and in the spring of 1783, a
preliminary peace agreement signalled the cessation of all hostilities.
The period lasting from 1783 until the era of the World Wars was a peaceful period for Gibraltar
and its inhabitants. A City Council was established by the British in the port of Gibraltar in 1821,
and in 1830, Gibraltar became a Crown Colony (a territory under the colonial administration of the
British Empire), with its own Supreme Court. Its economic importance declined after the invention
of steamships, as the ships no longer needed to stop in Gibraltar en route to Africa.
1914 AD – 1945 AD (Impact of the World Wars)
This changed with the advent of the First World War in August 1914, when Gibraltar was used as a
major Allied base against German U-boats, as well as for resupplying and repairs. In 1921, the
British Government established an Executive Council and an elected City Council to aid the
Governor in his functioning, thereby taking the first step towards self-governance in Gibraltar.
Spain had remained neutral in the World War, and hence did not pose a threat to Gibraltar.
In late 1936, the Spanish Civil War ended with the victory of General Francisco Franco, an ardent
nationalist. Under his leadership, the Spanish Republican government decided to recover forfeited
territories once again. In response, Britain decided to upgrade Gibraltar’s defences, by enlarging
the port to accommodate battleships and aircraft carriers.
In the Second World War, Franco decided to remain neutral and not fight against the Allies, as
Spain was suffering from a severe food shortage crisis at the time and relied heavily on supplies
from the Americas, an integral part of the Allied Forces. The threat to Gibraltar was largely
diminished after the collapse of Italy in September 1943, bringing an end to the hostile conditions
in the Mediterranean region that had prevailed for more than thirty years.
1946 AD - Present Day (Post-War reinstitution of hostilities)
Although Spain had not used military force to recapture Gibraltar since 1783, the question of its
sovereignty still loomed, as the British had occupied most of the neutral zone present in between
Gibraltar and Spain.
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Spain’s primary reason to lobby for reclaiming Gibraltar was the decolonisation agenda set by the
United Nations in 1946. At that time, Gibraltar was recognised as an “Overseas Dependent
territory” by the British. However, Gibraltar could not gain independence during the talks between
Britain and Spain due to the binding Treaty of Utrecht, which barred Gibraltar from exercising their
right of self-determination.
On 18 May 1966, the Spanish Minister of Foreign Affairs, Fernando Castiella made a formal
proposal to the UK Government comprising three clauses:
1. The cancellation of the Treaty of Utrecht and the subsequent return of Gibraltar to Spain.
2. The presence of the British base in Gibraltar, its use being subject to a specific Anglo-Spanish
agreement.
3. A "Personal Statute" for Gibraltarians, under United Nations guarantee, protecting their cultural,
social and economic interest in Gibraltar or anywhere else in Spain, including their British
nationality. An "appropriate [..] administrative formula" should be also agreed.
Unsurprisingly, the British Government unanimously rejected this proposal.
The Gibraltarians, dissatisfied with their predicament, organised a referendum on 10 September
1967, in which 12,138 voters voted to remain under British rule, and 44 people opted for Spanish
rule. Spain’s Foreign Affairs Ministry deemed the results as “unrealistic”, claiming that almost all
the voters were of British origin, and the “real” Gibraltarians of Spanish descent had emigrated and
settled elsewhere 250 years earlier.
In the late 1960s, Spain imposed trade and vehicular restrictions on Gibraltar, and in 1966, the
Spanish frontier was closed to vehicles, along with severance of communication with Gibraltar.
In 1973, progress was made as Gibraltar joined the European Economic Community and NATO
with British support, as a territory of the British Empire. Its citizens were finally granted permanent
British citizenship and parity with other Britishers from the mainland,
General Franco’s death in 1975 paved the way for constructive talks between the two nations. In
1980, the Lisbon Agreement was signed between Spain and Britain, with a commitment to resume
negotiations on Gibraltar’s future along with lifting Spanish restrictions on communications with
Gibraltar. However, the Gibraltarians opposed these talks, as they did not accept sovereignty as a
viable option for their territory. A further agreement was reached in Brussels in 1984 that clarified
the Lisbon Agreement, and granted Spaniards the option to reside and work in Gibraltar, a right
they already possessed by virtue of being EEC citizens. The Spanish government completely
reopened the Gibraltarian border on 4-5 February 1985.
The UN Convention on the Law of the Sea in 1982 altered the distance of sovereign sea from 3
nautical miles to 12 nautical miles. However, Gibraltar’s territorial waters continued to extend up to
3 nautical miles, leading to another dispute. As of now, the matter of Gibraltar’s territorial waters
remains undecided, as the Treaty of Utrecht did not mention any specific demarcation of waters
surrounding the Gibraltarian peninsula.
The matter was temporarily resolved until 2002, when the Gibraltarians, dissatisfied with the
Spanish and British for deciding to propose a bilateral agreement for joint sovereignty over
Gibraltar, held another referendum in November 2002. The proposed agreement was
overwhelmingly rejected by 17,000 votes to 187 - a majority of 98.7%. Although both governments
rejected the referendum as having no political weight, talks stalled, and the British agreed that
without the support of the Gibraltarians, no further talks about their territory would ensue.
Since late 2004, Spain, the UK, and Gibraltar have held multiple tripartite talks with the aim of
cooperatively resolving problems that affect the local population, and work continues on
cooperation agreements in areas such as taxation, financial services, communications, and
maritime security amongst many other areas. A new local non-colonial constitution came into effect
in 2007, and the European Court of First Instance recognised Gibraltar's right to regulate its own
tax regime in December 2008. Throughout 2009, a dispute over Gibraltar's claim to territorial
waters extending out three miles gave rise to periodic non-violent maritime confrontations between
Spanish and British naval patrols and in 2013, the British reported a record number of entries by
Spanish vessels into waters claimed by Gibraltar following a dispute over Gibraltar's creation of an
artificial reef in those waters.
Major Countries and Organisations Involved
Spain
Spain’s argument on Gibraltar lies on the idea of territorial integrity justified through the United
Nations Resolution 1514 of 1960 on the right to self-determination. It argues that this resolution,
passed under the UN Principles of Decolonisation, does not recognise Gibraltar’s right to selfdetermination, and also claims that this resolution, along with Resolution 2231, focuses more on
the “interests and not the wishes of the people (sic.) During the 1960s, the UN General Assembly
passed three resolutions on the issue (2231 (XXI), "Question of Gibraltar"[24] and 2353 (XXII),
"Question of Gibraltar"). The latter resolution states:
“any colonial situation which partially or completely destroys the national unity and territorial
integrity of a country is incompatible with the purposes and principles of the Charter of the United
Nations and especially with paragraph 6 of Resolution 1514 (XV) of the General Assembly [...] In-
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vites the Governments of Spain and the United Kingdom of Great Britain and Northern Ireland to
resume without delay the negotiations provided for in General Assembly Resolutions 2070 (XX)
and 2231 (XXI), with a view to putting an end to the colonial situation in Gibraltar and to safeguarding the interests of the population..”
In 1997, Spain’s Foreign Minister proposed a treaty with the United Kingdom in order to successfully re-integrate Gibraltar with Spain, while preserving the British nationalities of the citizens, along
with their rights. This proposal was provisionally agreed to in the spring of 2002, but was tabled
after large-scale protests erupted in Gibraltar against this scheme. Spain does not recognise either
of the referendums held in Gibraltar, and recent activities by the Spanish Foreign Ministry suggest
they will continue to dismiss the two. The Spanish Government considers Gibraltar a matter of
pride, and they firmly insist that they rightfully own Gibraltar.
United Kingdom
Mainland UK citizens are largely apathetic towards the question of Gibraltar, which does not arise
in UK politics. The British Government's stance is considered to be that Gibraltar is a messy situation that causes friction between Spain and the UK and that an outcome that is satisfactory for all
three sides is desirable. However, it is clear that the United Kingdom does not intend to relinquish
Gibraltar, which it continues to list as a “British Overseas Territory.”
In his evidence to the UK Parliament Foreign Affairs Committee in 2008, Jim Murphy MP, Minister
of State for Europe stated:
“The UK Government will never —'never' is a seldom-used word in politics —enter into an
agreement on sovereignty without the agreement of the Government of Gibraltar and their people.
In fact, we will never even enter into a process without that agreement. The word 'never' sends a
substantial and clear commitment and has been used for a purpose. We have delivered that
message with confidence to the peoples and the Governments of Gibraltar and Spain. It is a sign
of the maturity of our relationship now that that is accepted as the UK's position.”
The British Government has ruled out both the independence of Gibraltar and its integration into
the United Kingdom. With regard to the independence, it refers to the Treaty of Utrecht as,
according to the British view, it would require Spanish consent.
The option of Integration was rejected on 26 June 1976, when the British Government issued the
Hattersley Memorandum rejecting the integration in order to: "avoid innovations which might result
in prolongation of the frontier restrictions imposed by Spain.”
This position is also legally supported by Gibraltar’s Constitution which states that:
“Her Majesty’s Government will never enter into arrangements under which the people of Gibraltar
would pass under the sovereignty of another state against their freely and democratically
expressed wishes".
Gibraltar
As of now, Gibraltarians are British citizens who elect representatives to their own House of
Assembly, while the British monarch appoints a Governor for Gibraltar. Gibraltarians argue that the
Spanish claims to Gibraltar hold no valid ground, pointing to the right to self-determination of all
peoples enshrined in the UN Charter. Article 1 of the Charter states that:
"The Purposes of the United Nations are ... to develop friendly relations among nations based on
respect for the principle of equal rights and self-determination of peoples.”
The citizens of Gibraltar believe they have the right to self-determination and they voted in 2002 by
an overwhelming majority against the idea of the UK and Spain jointly managing the territory’s
sovereignty. The UK government says it will not enter into negotiations on British sovereignty over
Gibraltar without the people's consent. Spain claims UN resolutions on territorial integrity passed in
the 1960s override self-determination and say the Treaty of Utrecht, which gives Spain the first option if Britain leaves, rules self-determination out as an option altogether.
Speaking to the UK Parliament Foreign Affairs committee in March 2008 Peter Caruana, the then
Chief Minister of Gibraltar noted:
“Spain does not dispute that Gibraltar is properly, in law, British territory. Therefore, this is not
disputed land. She has a political claim to the return of Gibraltar sovereignty, but she does not
dispute the fact that in proper international law, she ceded sovereignty to Britain in perpetuity and
therefore it is undisputed British sovereign territory.”
Timeline of Events
Date
Description of event
711
Tarik-ibn-Zeyad lands on Gibraltar with a Berber and Arab army of 7,000.
911
Moorish invaders from North Africa conquer Gibraltar and colonise it.
1462
Spanish forces capture Gibraltar from the Moors.
1469
By Royal Decree, the Duke of Medina’s son is confirmed as Gibraltar’s rightful
owner.
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1501
1704
1713
1779-1783
1830
1967
1969
1973
1982
1987
1991
Queen Isabella of Castile reclaims Gibraltar.
British Admiral Sir George Rooke captures Gibraltar during the War of Spanish
Succession.
Treaty of Utrecht makes it a British colony with a stipulation that it be returned to
Spain if Britain relinquishes it.
The great siege sees Britain hold out against combined French and Spanish attack.
Becomes British crown colony
Gibraltarians vote 12,138 to 44 to remain British in a referendum following a UN
resolution on decolonisation.
New constitution gives large measure of self-government while affirming ties to
Britain. General Franco retaliates by closing border with Spain.
Gibraltar joins EEC as dependent territory of the United Kingdom. 1981 Gibraltarians granted full British citizenship.
Spanish border opens to pedestrians.
Anglo-Spanish agreement grants Spain joint use of Gibraltar's airport. Sir Joshua
Hassan retires and his deputy, Adolfo Canepa, takes over as Chief Minister.
Regular British Army battalion is withdrawn. Gibraltar's government reject Spanish plan for joint sovereignty.
Spain re-imposes frontier controls. Crowds stage protests after police seize
1995
boats in crackdown on drug smuggling under measures intended to ease tension
between Britain and Spain.
1996
March 2002
Peter Caruana is elected Chief Minister and demands that Gibraltar be given
equal status with Britain in any future negotiations on the colony.
Nearly all of Gibraltar stages mass protest against London talks with Spain.
Britain announces it has partially reached an agreement with Spain on shared
sovereignty. Prime Minister Tony Blair says Britain will retain control over the
July 2002
military base but its status could change to a NATO base. Caruana announces a
referendum on the colony's future. Britain and Spain say they will not recognise
such a vote.
2004
Gibraltar celebrates 300 years of British rule.
Spain announces that it is taking Britain to the European Court of Justice claim-
2005
ing that Gibraltar should not have been allowed to vote in the European elections.
December 2006
Passenger flights between Gibraltar and Spain recommence after a Spanish ban
of many decades.
Spanish Foreign Minister Miguel Angel Moratinos visits Gibraltar for talks with
July 2009
the local government, the first visit by a Spanish minister since Britain captured
the Rock.
July 2010
December 2011
Gibraltar announces it is ending tax-free offshore status for locally-registered
companies operating outside Gibraltar from January 2011.
Gibraltar Socialist Labour Party and their Liberal partners win elections, Socialist
Labour leader Fabian Picardo becomes chief minister.
Tension with Spain flares up again after Gibraltar begins the construction of an
artificial reef in the waters off the Rock. Spain introduces stricter border checks
July-August 2013
at the crossing and considers more formal restrictions, as well as a 50 euro
(£43) crossing fee. Britain threatens Spain with legal action through the European Un-ion.
Relevant UN Treaties and Legal Agreements
• UN General Assembly Resolution 1514 [A/RES/1514] of 14 December 1960:
The Resolution defined principles on future decolonisation for territories and recognized the right
to self-determination. However as mentioned in it “any attempt aimed at the partial or total
disruption of the national unity and the territorial integrity of a country is incompatible with the
purposes and principles of the Charter of the United Nations”.
• UN General Assembly Resolution 2070 [A/RES/2070] of 16 December 1965:
The Resolution invited Spain and the UK to conduct further negotiations so as to find a solution.
However, the two countries failed to fulfil this request since shortly afterwards, Spain took various
restrictive measures against Gibraltar (such as border blockade) and as a result the United
Kingdom refused to proceed into any further negotiations.
• UN list of non-self-governing territories:
This list includes Gibraltar, among other non-decolonized regions. Since the 1967 Referendum that
clearly showed the preference of the Gibraltarians towards British sovereignty, the UK is strongly
supporting that Gibraltar should not be included in the list.

Treaties of Utrecht
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These were a series of treaties signed in 1713 by the empires of France, Prussia, Holland, Spain
and Britain which signalled the end of the War of Spanish Succession. According to the provisions
in these treaties, Spain was made to relinquish vast amounts of land under its ownership to the
aforementioned nations, such as Gibraltar to the British, who have occupied it since.
• The Treaty of Seville(1729):
Based on the terms of the treaty, Britain maintained control of Port Mahon and Gibraltar. In return,
Britain supported the claim of the Queen of Spain to the Duchy of Parma. It opened the way for the
1731 Treaty of Vienna creating an alliance with Austria, which had been their real objective.
Other treaties to look into:
• The Treaty of the Hague(1720)
• Lisbon Agreement(1980)
• Cordoba Agreement(2006)
• Declarations during the signing of the UN Convention on the Law Of the Sea(1982)
Previous Attempts to solve the Issue
The fundamental step taken to resolve this dispute is the Treaty of Utrecht signed in 1713.
Although Spain had consented to cede the territory and fortifications of Gibraltar to the British “in perpetuity”, it later went back and questioned the legality of the Treaty, claiming that
the British had violated certain clauses, as mentioned earlier in this report.
Another step taken by the two governments to resolve the issue was to hold talks discussing the possibility of joint sovereignty over Gibraltar in 2002. While initial talks seemed to
make progress, the sustained uproar of the Gibraltarians stalled talks, which were then
never resumed.
In 2004 the Tripartite Forum, concentrating on the technical issues arising from the question of Gibraltar, was established between the three parties, replacing the Brussels Process.
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Appendix
I: Geographical Location of Gibraltar
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II: Gibraltar and its surrounding areas