Border dispute between Tanzania and Malawi may go to the ICJ

On Wednesday, Malawian President Joyce Banda announced that the on-going border dispute between Tanzania and Malawi, concerning the border demarcation in Lake Malawi, might be taken to the International Court of Justice (ICJ).

The dispute between the two countries was reignited earlier in 2012 when rumours started to circulate that there might be oil deposits underneath the lake. The situation escalated after Lilongwe awarded a licence to the British firm Surestream, allowing it to explore the lake for oil and gas. Under the 1890 border treaty signed between the countries’ former colonial masters, Germany and Britain, most of the lake belongs to Malawi. However, Tanzania has argued that according to the international law of the sea, the lake should be divided down the middle. The Lake Malawi trans-boundary resource dispute is complicated by the fact that only about 25% of the borders in Africa are demarcated.

Last month, negotiations between the two countries broke down when Tanzania produced a new map including Lake Malawi as a part of its territory. Tanzania reportedly has been war mongering, saying it is ready to defend its sovereignty. According to President Banda, Malawian fishermen operating on the lake have been intimidated. Tanzania has also allegedly warned Malawi that if its boats do not stop sailing on the lake they will be attacked.

Whether the two countries are actually capable of going to war over this dispute is another question, but if it does come to pass, it will be a major setback for both. Ultimately, Malawi will suffer the most, as President Banda is still hard at work undoing the damage caused by the previous regime. If the deadlock in the diplomatic resolution of the divisive delimitation and demarcation of the border persists, the neighbouring countries should refer the case to the ICJ and be prepared to abide by whatever outcome results from the arbitration.

Compiled by the Conflict Prevention and Risk Analysis Division