Agreement between the Great Socialist People's Libyan Arab Jamahariya and the Rep of Chad concerning the practical modalitities for the implementation of the Judgment delivered by the International Court of Justice on 3 February 1994

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Country/entity: Chad
Libya
Region: Africa (excl MENA)
Middle East and North Africa
Agreement name: Agreement between the Great Socialist People's Libyan Arab Jamahariya and the Rep of Chad concerning the practical modalitities for the implementation of the Judgment delivered by the International Court of Justice on 3 February 1994
Date: 4 Apr 1994
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/interstate conflict
Chadian Conflicts (1966 - )
The political history of Chad has been defined by ethno-religious conflict following independence from France in 1960, particularly between the Islamic north and the Christian and animist south. Although prevalent during the colonial era, this became particularly apparent under Tombalbaye during his 15-year rule (1960-1975), which saw mass discrimination against the Muslim northern and central regions. In 1966, the Islamist National Liberation Front on Chad (FROLINAT) was formed, but the movement was defined by factionalism and in-fighting, often encouraged by Libyan government policies, until the civil war ended in 1993. In 1975 Tombalbaye was killed during a coup, and the country reverted to military rule. Constant pressure from the various FROLINAT factions, however, caused then-ruler General Felix Malloum to align himself with Hissene Habre, a rebel leader formerly-aligned with FROLINAT, but then-commander of the Forces Armées du Nord (FAN). In 1978, Libyan troops also occupied the Aouzou Strip (See Libyan-Chadian Conflict). Meanwhile, Habre’s FROLINAT competitor, Goukouni Oueddei, gathered the majority of the northern insurgent factions, and the ensuing civil war between 11 factions eroded the capabilities of the state. In 1979, the Lagos Accords created a unity government (GUNT) that briefly convened the factions, but infighting between Habre and Goukouni’s forces broke out soon after.

Habre finally gained control of N’Djamena in 1982, but faced continuing insurgent pressure from GUNT. This changed in the mid-1980s when all forces in Chad aligned themselves against the Libyan occupation and expelled them from Chad. Infighting in Habre’s regime, meanwhile, saw the defection of General Idriss Deby to Sudan, where he launched a Zaghawa campaign against the President and took the capital in December 1990 with Libyan-backing. Deby was announced President in early 1991, and to ease fighting he announced elections, which he won, in 1996. A number of short-lived peace deals were signed with several rebel factions in 1997, but fighting continued. In 2003, an influx of over 200,000 refugees from Darfur complicated the matter further, and in 2005 Chad declared war on Sudan, which was backing the Chadian rebel group, Rally for Democracy and Liberty. A series of battles ensued across Chad culminating in the Battle of N’Djamena in 2008. The latest war ended in 2010 with a peace accord signed between Sudan and Chad.

In 2021, the FACT (Front pour l’Alternance et la Concorde au Tchad: Front for Change and Concord in Chad) attacked the Chadian military on the eve of presidential elections. President Idriss Déby was killed in the attack, and the army formed a Transitional Military Council (TMC).
Libyan Conflicts (1969 - 1994) (2011 - )
Agreements relate to two distinct conflict dyads.
Libya-Chad. Since the 1970s, Libya under Colonel Muammar Gaddafi had a tense relationship with its neighbour Chad, predominantly focused on the resource-rich Aouzou Strip in northern Chad. Libyan claims of the Aouzou Strip were held in an un-ratified treaty between France and Italy in 1935, similarly Chadian claims of the Strip were argued with support of a 1955 treaty between Libya and France. In 1973, Libya effectively annexed the Strip to gain access to natural resources. This spurred cross-border clashes between 1979 until 1987 until escalated to a brief war known as the Toyota War, wherein Chadian government troops succeeded in repelling Libyan forces. A brief and repeatedly violated ceasefire was held from 1987-88, followed by a series of unsuccessful negotiations, until an International Court of Justice ruling in 1994, which granted sovereignty of the Strip to Chad.

Libya post-Gaddafi. Gaddafi’s downfall following the Libyan Civil War in 2011-2012, led to several factions fighting for the country’s leadership. Since 2013, the country effectively split into three entities, with the National Army controlling the east including the city of Benghazi, and the New General National Congress and their militias such as the Golden Dawn controlling the northwest including the capital of Tripoli. Significant portions of the country in the south-west are currently held by Tuareg forces. The civil war and chaos continued into 2014 as the General National Congress refused to disband after the expiry of its mandate, resulting in eruption of mass protests. The UN efforts continue to broker peace between the Libyan Army and the Libya Dawn factions, and a partial ceasefire was declared in January 2015. A new interim-government (Tunisia-based) called ‘Government of National Accord’ is formed with the backing of UN despite the refusal of the other forces to recognise its authority and arrived to Tripoli with the UN in 2016. A state of emergency was declared by the UN backed government amid clashed between rival militia in Tripoli’s southern suburbs. Since April 2019 there has been sustained fighting between the Libyan National Army and the UN-backed government in Tripoli as the Libyan National Army aims to seize Tripoli.
Stage: Implementation/renegotiation
Conflict nature: Territory
Peace process: Chad-Libya border peace process
Parties: Great Socialist People's Libyan Arab Jamahiriya, signed for by Mohamed Mahmud AL HIJAZI; Republic of Chad, signed for by Abderrahman Izzo MISKINE
Third parties: Page 3, Article 8. The two Parties undertake to notify the United Nations of this Agreement
Description: Provided for the withdrawal of Libya from Aouzou, supervised by a joint team, and observed by the UN. Provided for mine disposal, future delimitation of borders, and work towards strengthening bilateral relations. Sets out implementation modalities and timeframe for Libyan withdrawal from Aouzou Strip

Agreement document: LY_TD_940404_AgreementConcerningModalitiesforImplementationofICJ.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: Page 3, Article 6. The two Parties have agreed to establish a joint team of experts from the two countries to undertake the delimitation of the common frontier between the two countries in accordance with the Judgment of the International Court of Justice delivered on 3 February 1994.
Cross-border provision: Page 3, Article 3. The two Parties have agreed that the crossing points for persons and property shall be as follows:
- On the Chadian side, Ounianga and Zouar
- On the Libyan side, Koufra and Al Wigh
until such time as joint gateway points are established on the frontier between the two countries within the framework of bilateral relations.

Page 3, Article 6. The two Parties have agreed to establish a joint team of experts from the two countries to undertake the delimitation of the common frontier between the two countries in accordance with the Judgment of the International Court of Justice delivered on 3 February 1994.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: Power sharing→Military power sharing→Merger of forces
Page 3, Article 4. The two countries have agreed to study the question of establishing joint patrols to monitor the extensive frontier between the two countries, within the framework of bilateral relations.
Power sharing→Military power sharing→Joint command structures
Page 2, Article 1. The two Parties have agreed that operations for the withdrawal of the Libyan administration and forces shall commence on 15 April 1994, under the supervision of a mixed team composed of 25 Libyan officers and 25 Chadian officers and based at the Aouzou administrative post. The withdrawal operations shall end on 30 May 1994 at 0000 hours. The official ceremony for the hand-over of the territory shall be held on 30 May 1994 at the Aouzou administrative post.
Power sharing→Military power sharing→Proportionality
Page 2, Article 2. The two Parties have agreed as follows:
(a) To establish a joint team of 40 (forty) experts in mine disposal, composed of 20 (twenty) men from each side. The size of the team may be increased should the volume of work so require. This team shall begin work on 15 April 1994.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: Page 3, Article 4. The two countries have agreed to study the question of establishing joint patrols to monitor the extensive frontier between the two countries, within the framework of bilateral relations.

Page 3, Article 5, Furthermore, with a view to the maintenance of good-neighbourliness, the two Parties undertake not to use or to permit any third party to use the areas adjacent to their common frontier or their frontier bases for military purposes hostile to either Party.
DDR: Security sector→DDR→Demilitarisation provisions
Page 2, Article 2. The two Parties have agreed as follows:
(a) To establish a joint team of 40 (forty) experts in mine disposal, composed of 20 (twenty) men from each side. The size of the team may be increased should the volume of work so require. This team shall begin work on 15 April 1994.
(b) The mine disposal operations shall be focused on the main roads leading to the Aouzou administrative post and the areas around the wells and shall be completed within the term set for the withdrawal.
(c) The main roads on which mine disposal and clearance is to be carried out shall be the following:
- Aouzou - Moska - Omchi - Yebbi Bou
- Aouzou - Treni - Bardai
- the caravan route leading to the Ermi wells
(d)(i) The mine disposal operations shall continue until 30 May 1994, with a view to the complete removal of mines, the neutralization of hazardous objects and mechanisms and the disinfection of wells.
(ii) In the other regions, the terms and modalities of these operations shall be defined within the framework of bilateral cooperation.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 3, Article 5. With a view to ensuring their joint security, the two Parties shall refrain from encouraging or providing any support whatsoever from their territories to groups hostile to either of the Parties.
Withdrawal of foreign forces: Page 2, Article 1. The two Parties have agreed that operations for the withdrawal of the Libyan administration and forces shall commence on 15 April 1994, under the supervision of a mixed team composed of 25 Libyan officers and 25 Chadian officers and based at the Aouzou administrative post. The withdrawal operations shall end on 30 May 1994 at 0000 hours. The official ceremony for the hand-over of the territory shall be held on 30 May 1994 at the Aouzou administrative post.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 2, Article 1, United Nations observers shall be present during all the Libyan withdrawal operations and shall establish that the withdrawal is actually effected.
Enforcement mechanism: Arcticle 7 establishes Higher Joint Commission to pursue the strengthening of bilateral relations (membership, powers and functions unclear)
Related cases: No specific mention.
Source: Uppsala Conflict Data Programme - http://www.ucdp.uu.se/gpdatabase/peace/Chad-Libya%2019940404.pdf

Agreement between the Great Socialist People’s Libyan Arab Jamahiriya and the Republic of Chad concerning the practical modalities for the implementation of the Judgment delivered by the International Court of Justice on 3 February 1994

The Great Socialist People’s Libyan Arab Jamahiriya and the Republic of Chad, in implementation of the Judgment of the International Court of Justice delivered on 3 February 1994, have decided to conclude this Agreement.

Article 1.

The two Parties have agreed that operations for the withdrawal of the Libyan administration and forces shall commence on 15 April 1994, under the supervision of a mixed team composed of 25 Libyan officers and 25 Chadian officers and based at the Aouzou administrative post.

The withdrawal operations shall end on 30 May 1994 at 0000 hours.

The official ceremony for the hand-over of the territory shall be held on 30 May 1994 at the Aouzou administrative post.

United Nations observers shall be present during all the Libyan withdrawal operations and shall establish that the withdrawal is actually effected.

Article 2.

The two Parties have agreed as follows:

(a) To establish a joint team of 40 (forty) experts in mine disposal, composed of 20 (twenty) men from each side.

The size of the team may be increased should the volume of work so require.

This team shall begin work on 15 April 1994.

(b) The mine disposal operations shall be focused on the main roads leading to the Aouzou administrative post and the areas around the wells and shall be completed within the term set for the withdrawal.

- Aouzou - Moska - Omchi - Yebbi Bou

- Aouzou - Treni - Bardai

- the caravan route leading to the Ermi wells.

(d)(i) The mine disposal operations shall continue until 30 May 1994, with a view to the complete removal of mines, the neutralization of hazardous objects and mechanisms and the disinfection of wells.

(ii) In the other regions, the terms and modalities of these operations shall be defined within the framework of bilateral cooperation.

Article 3.

The two Parties have agreed that the crossing points for persons and property shall be as follows:

- On the Chadian side, Ounianga and Zouar

- On the Libyan side, Koufra and Al Wigh

until such time as joint gateway points are established on the frontier between the two countries within the framework of bilateral relations.

Article 4.

The two countries have agreed to study the question of establishing joint patrols to monitor the extensive frontier between the two countries, within the framework of bilateral relations.

Article 5.

With a view to ensuring their joint security, the two Parties shall refrain from encouraging or providing any support whatsoever from their territories to groups hostile to either of the Parties.

Furthermore, with a view to the maintenance of good-neighbourliness, the two Parties undertake not to use or to permit any third party to use the areas adjacent to their common frontier or their frontier bases for military purposes hostile to either Party.

Article 6.

The two Parties have agreed to establish a joint team of experts from the two countries to undertake the delimitation of the common frontier between the two countries in accordance with the Judgment of the International Court of Justice delivered on 3 February 1994.

Article 7.

With a view to strengthening bilateral relations, the two countries have agreed to work on developing their cooperation in all fields, within the framework of Higher Joint Commission.

Article 8.

The two Parties undertake to notify the United Nations of this Agreement.

Article 9.

This Agreement shall enter into force on the date of signature.

Article 10.

Done at Surt on 4 April A.D. 1994, corresponding to 23 Shawwal

A.H. 1403 and 4 Tayr 1423 MWR, both texts being equally authentic.

For the Republic of Chad:

For the Great Socialist People’s Libyan Arab Jamahiriya:

(Signed)

Abderrahman Izzo MISKINE

Mohamed Mahmud AL HIJAZI

Minister for the Interior Secretary of the General People’s and Security Committee for Justice and Public Security

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