Following Spain’s victory at the 2024 Euros, two of their footballers, Álvaro Morata and Rodri Hernández, were charged by UEFA for chanting “Gibraltar is Spanish” during their post-match celebrations. They are accused of violating UEFA’s numerous disciplinary regulations including “using sporting events for non-sporting manifestations”. Why would they do this and what’s behind the Gibraltar sovereignty dispute between the United Kingdom and Spain? To understand this long standing territorial dispute we need to delve into the history of Gibraltar going back centuries.
Early History and Strategic Importance
Gibraltar’s recorded history dates back to antiquity. Known to the ancient Greeks as one of the Pillars of Hercules, it has long been recognized for its strategic position at the entrance to the Mediterranean Sea. The Rock, as it is often called, was held by various powers throughout history, including the Moors, who established their presence in 711 CE and maintained control for over seven centuries.
In 1462, during the Reconquista, Gibraltar was captured by Christian forces under the Duke of Medina Sidonia. It subsequently became part of the unified Spanish kingdom under Fernando and Isabel. The Spanish reinforced Gibraltar’s defenses, recognizing its crucial strategic value.
British Acquisition and the War of Spanish Succession
The British seizure of Gibraltar in 1704 occurred during the War of Spanish Succession. An Anglo-Dutch fleet, nominally supporting the claim of Archduke Charles to the Spanish throne, captured the Rock in a surprise attack. The Spanish garrison, caught unprepared, surrendered after a brief siege.
Initially, the British occupation was seen as temporary, in support of their Habsburg ally. However, as the war progressed, the strategic value of Gibraltar became increasingly apparent to British policymakers.
The Treaty of Utrecht and Its Implications
The War of Spanish Succession concluded with the Treaty of Utrecht in 1713. Article X of this treaty ceded Gibraltar to Great Britain “in perpetuity.” However, the precise terms of this cession have been a source of contention ever since.
The treaty granted Britain “the full and entire propriety of the town and castle of Gibraltar, together with the port, fortifications, and forts thereunto belonging,” but also included provisions that have fueled Spanish claims. These include a right of first refusal should Britain ever decide to relinquish Gibraltar and stipulations about religious freedoms for the Catholic population.
Gibraltar Under British Rule
Following the Treaty of Utrecht, Gibraltar became a vital British naval base, playing a crucial role in numerous conflicts, including the Napoleonic Wars and both World Wars. The Rock’s strategic importance was particularly evident during World War II when it served as a key Allied base for operations in the Mediterranean theatre.
Over time, Gibraltar developed a distinct identity. The population, initially composed of British military personnel and civilians from various Mediterranean regions, evolved into a unique community known as Gibraltarians. This community has consistently expressed a strong desire to remain under British sovereignty in various referendums.
Modern Sovereignty Dispute
Spain has never relinquished its claim to Gibraltar. The Franco regime was particularly assertive, closing the border between Gibraltar and Spain in 1969, a blockade that lasted until 1985. Since Spain’s transition to democracy, the approach has been more diplomatic, but the claim remains a significant issue in Anglo-Spanish relations.
Spain’s arguments for sovereignty are multifaceted:
- Historical claim: Spain argues that Gibraltar was taken during a war in which Britain was fighting on behalf of a pretender to the Spanish throne, not against Spain itself.
- Territorial integrity: The Spanish government contends that Gibraltar’s status violates Spain’s territorial integrity.
- Decolonization: Spain frames the issue as an anachronistic colonial situation that should be resolved through decolonization processes.
- Limited cession: Spain interprets the Treaty of Utrecht as ceding only limited rights, not full sovereignty.
British Position and Gibraltarian Self-Determination
The United Kingdom’s position rests on several key points:
- Treaty rights: Britain maintains that its sovereignty over Gibraltar is based on the Treaty of Utrecht, a binding international agreement.
- Self-determination: The UK emphasizes the Gibraltarians’ repeatedly expressed wish to remain British. In referendums held in 1967 and 2002, Gibraltarians overwhelmingly voted to remain under British sovereignty.
- Constitutional relationship: Gibraltar is a British Overseas Territory with substantial self-governance, not a colony in the traditional sense.
The Question of Spanish Sovereignty Claims
The question of whether modern-day Spain has a genuine right to sovereignty over Gibraltar is complex and contentious. From a strictly legal perspective, the Treaty of Utrecht remains in force, and international law generally respects such longstanding agreements. However, international norms have evolved significantly since the 18th century, particularly regarding self-determination.
The principle of self-determination, enshrined in the UN Charter, supports the Gibraltarians’ right to determine their political status. This principle has been a cornerstone of British policy regarding Gibraltar. However, Spain argues that the population of Gibraltar was implanted after the British takeover and therefore does not have the right to self-determination in a decolonization context.
The issue is further complicated by Gibraltar’s status as a tax haven and its economic impact on the surrounding Spanish region. Spain often argues that Gibraltar’s economic model is harmful to its interests.
Ceuta, Melilla and Accusations of Hypocrisy
Spain’s sovereignty claims over Gibraltar are often met with accusations of hypocrisy, given Spain’s control of Ceuta and Melilla, two enclaves on the North African coast. However, these comparisons overlook significant historical and legal differences.
Ceuta and Melilla have been under Spanish control since the 15th and 16th centuries, respectively, predating the modern state of Morocco. Spain’s sovereignty over these territories is recognized in treaties with Morocco, most notably the Treaty of Wad-Ras in 1860. Furthermore, unlike Gibraltar, Ceuta and Melilla are fully integrated into the Spanish state as autonomous cities, equivalent to provinces on the mainland.
The populations of Ceuta and Melilla are predominantly Spanish, with a significant proportion tracing their roots to mainland Spain. This differs from Gibraltar’s situation, where the population largely developed after British acquisition.
Morocco’s claims to Ceuta and Melilla are based on geographical proximity and the broader context of decolonization in North Africa. However, these claims do not have the same historical or legal basis as Spain’s claim to Gibraltar.
Gibraltar Sovereignty Dispute: the Future
The Gibraltar question remains one of the most enduring territorial disputes in modern Europe. While Spain’s historical claim has some merit, the principle of self-determination and the long-established reality of British control present significant counterarguments. The unique histories of Gibraltar, Ceuta, and Melilla demonstrate the complexity of territorial disputes and the dangers of drawing simplistic parallels.
As Brexit reconfigures Britain’s relationship with the European Union, the status of Gibraltar has gained renewed attention. The challenge for all parties will be to find a solution that respects historical treaties, modern international norms, and the wishes of the people of Gibraltar. Until such a solution is found, the Rock is likely to remain a point of contention in international diplomacy, a reminder of the enduring impact of historical events on modern geopolitics. Tourists planning day trips to Gibraltar from the Costa del Sol should check on the current border situation before booking excursions.