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Chagos Archipelago: Huge Ruling Issued by the ICJ

By Aaron Lukken on February 26, 2019
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Cannon Point, Diego Garcia. Blaine Steinert, via Wikimedia Commons.

Three years before Mauritius gained its independence from the United Kingdom (ie: 1965 and 1968), a chain of tiny islands in the Indian Ocean were separated from the island colony, and still remain under British control five decades later.  On Monday, the International Court of Justice Issued an advisory opinion holding that the UK had illegally separated the archipelago from Mauritius, raising a slew of questions as to the strategic islands’ future.   

The history of the case can be found on the ICJ’s website here, with the Opinion itself here, and U.S. Judge Joan Donoghue’s dissent here.

Cold War history buffs will be most familiar with the Chagos Archipelago because of the U.S. military’s lease of the British Airbase on Diego Garcia and the expulsion of native islanders to make way for U.S. personnel in the late 1960s.  The opinion arguably sets the stage for the removal of U.S. and British presence.*

Hat tip to my friend Tim Lynch, professor of international law at UMKC and former U.S. Navy officer who spent a bit of time on the island, for bringing the opinion to my attention before the New York Times.  Tim characterizes the place as “bliss,” and every picture I’ve seen of it support that assessment.  A hat tip, also, to my friend and future colleague (he’s working toward a J.D. after a distinguished military & law enforcement career) Paul Myers, for posting a bit deeper analysis about the ramifications of the opinion on LinkedIn, May 13, 2019.


* I highly doubt we’ll ever see that come to pass.  After all, the United Kingdom refused to consent to the jurisdiction of the ICJ, and the British don’t take kindly to smaller nations that attempt to kick it off remote islands while a strong-willed female Tory Prime Minister is in office.

Photo of Aaron Lukken Aaron Lukken

I’m Aaron Lukken, and I wasn’t always a lawyer. My kid sister and I spent a few years abroad as Army brats, and I worked in politics for a while after college. After meandering from job to job in my late twenties, I…

I’m Aaron Lukken, and I wasn’t always a lawyer. My kid sister and I spent a few years abroad as Army brats, and I worked in politics for a while after college. After meandering from job to job in my late twenties, I finally found a home at the phone company, of all places. With a decade of telecom sales experience under my belt, I decided at 37 to finally go back and do what I had always intended… study law.

But even at the start of law school, the idea of a generalized practice never really made sense to me. I wanted something specific, and something that could draw on all the travels of my youth; the only area of the law that was really appealing to me was at the international level. Of course, I also heard the siren call of the courtroom as a 2L, and discovered that litigation was as exciting as geopolitics and international law.

With a whole bunch of luck—and an amazingly supportive wife—I managed to launch a little niche firm smack in the middle of the map… Viking Advocates, LLC in Kansas City (that’s in Missouri, thankyouverymuch). My practice combines treaty analysis with litigation strategy; I truly have the best of both worlds.

When I’m not pondering the intricacies of cross-border legal doctrines, I’m either singing 2nd Tenor with the Kansas City Symphony Chorus or trying to get down to my fighting weight at the local YMCA with my wife, Peggy (an expert in conflict management and dispute resolution). Together we have a small civil & domestic mediation firm serving clients in the KC region. Our overbearing and demanding boss is a tabby cat named Minnie, named after Professor Minerva McGonagall.

Feel free to connect with me on LinkedIn (be sure to tell me you saw this!).

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  • Posted in:
    Government and Public Policy
  • Blog:
    Hague Law Blog
  • Organization:
    Viking Advocates, LLC
  • Article: View Original Source

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