The Japan Times - ICJ backs France in Equatorial Guinea mansion row

Equatorial Guinea had asked the International Court of Justice to issue emergency orders to prevent France selling the luxury building, also seized in 2012, which boasts a cinema, a spa, as well as marble and gold taps.

But ICJ judges threw out the request.

"After closely examining the arguments of the parties, the court concludes that Equatorial Guinea has not demonstrated... that it possesses a plausible right to the return of the building," said President Yuji Iwasawa.

"For these reasons the court -- by 13 votes to two -- rejects the request for the indication of provision measures," said Iwasawa.

The two countries have been squabbling over the building near the Arc de Triomphe for more than a decade.

French authorities seized the mansion, with an estimated value well above 100 million euros, during an investigation into vice-president Teodoro Nguema Obiang Mangue, known as Teodorin, for corruption.

In 2021, France's top appeals court gave Teodorin, eldest son of longstanding President Teodoro Obiang Nguema Mbasogo, a three-year suspended sentence and 30 million euros ($35 million) in fines.

The court convicted Obiang of plundering tens of millions of dollars from the oil-rich but poverty-stricken country to fund his jetset lifestyle in France

- A heavy caseload -

Malabo had asked the ICJ to force France to "take all necessary measures to ensure that the building is not offered for sale" and allow "immediate, full and unimpeded access" to the mansion.

They complained that French officials had entered the building in June, changing the locks and smashing security cameras.

In hearings in July, Malabo's ambassador to Paris, Carmelo Nvoco-Nca, said France's approach "may be described as paternalistic and even neo-colonial."

"We cannot accept such disdain for our sovereignty from France," said Nvoco-Nca.

Diego Colas, legal adviser at the French foreign ministry, had said in response that Equatorial Guinea's case was "clearly ill-founded.

"France regrets that at a time when the Court's docket is so full of numerous major cases, Equatorial Guinea is once again soliciting your office, for the sole purpose of revisiting the issue of the building," said Colas.

A request for emergency orders -- provisional measures, in the court's jargon -- takes precedence over all other court business.

The ICJ is wrestling with a busy caseload, including a high-profile case brought by South Africa against Israel, alleging its actions in Gaza have breached the UN Genocide Convention.

The court also issued a key ruling on countries' climate change obligations in July.

While the ICJ is the highest United Nations court, whose rulings are binding, it has no way of enforcing its decisions.

For example, it has ordered Russia to stop its invasion of Ukraine -- to no avail.

M.Saito--JT