View source for Disputed status of the isthmus between Gibraltar and Spain

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{{Coord|36|09|09|N|05|20|42|W|region:GI_type:landmark|display=title|name=Isthmus between Gibraltar and Spain}}
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[[File:Gibraltar map-en-edit2.svg|thumb|280px|Map of Gibraltar. The [[Gibraltar Airport|airport]] is located on the south part of the isthmus that connects the territory to Spain.]]
[[File:Gibraltar border 1977.jpg|right|thumb|The closed Spanish gate at the border between Gibraltar and Spain, 1977]]
The [[Gibraltar]] territory currently contains an {{convert|800|m|adj=on|0}} long section of the [[isthmus]] that links [[Rock of Gibraltar|the Rock]] with mainland Spain. Spain does not acknowledge British sovereignty over Gibraltar beyond the fortified perimeter of the town as at 1704. The United Kingdom claims the southern part of the isthmus on the basis of continuous possession over a long period.

As well as the [[Gibraltar Airport|airport]], there are two substantial housing estates, a [[Victoria Stadium, Gibraltar|sports stadium]], a [[Bayside Comprehensive School (Gibraltar)|secondary school]], a marina, and a [[Eastern Beach, Gibraltar|beach]] on this land, which de facto is an integral part of the territory of Gibraltar.<ref>« The respective legal positions of the Kingdom of Spain and the United Kingdom of Great Britain and Northern Ireland with regard to the dispute over sovereignty and jurisdiction over the territory in which the airport of Gibraltar is situated », Xavier H. Maillard (2008), ''The Travel & Tourism Business Newsletter''</ref>
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== Timeline ==
*1704 – The Torre del Molino is the most advanced post of the Spanish besiegers of the town. Spanish sources claim that this "fort" was a mere barrack or the ruins of a mill (''molino'').
*1713 – Prior to the signature of the Treaty of Utrecht, British troops conquered and continuously occupied the isthmus, except, during time of war, both fortifications: Devil's Tower (close to the town walls, by the eastern beach; and ''Torre del Molino'', by the western beach, as defence posts used to protect Gibraltar against possible Spanish attacks.
*1727 February 20 – A new siege of the town starts. The Spanish troops take both towers and dig a number of trenches from both forts to the small lagoon that existed at the north of the town walls.
*1727 June 23 – Attacks are suspended. Spanish troops do not withdraw.
*1728 April 18 – The siege is finally ended.
*1728 June 21 – According to Spanish sources, Philip V issues a Royal Decree stating that "''el terreno comprendido por el alcance de punta en blanco del cañón disparado desde la punta más avanzada de la Plaza, que se regula en setecientas varas, habría de mantenerse neutral sin que se ocupase ni por una ni por otra parte...''" ("the ground between one cannon shot distance and the wall of the town, established in 700 ''varas'' (about 600 metres) will be considered 'the neutral gound', with none of the parts being allowed to occupy it"). The decree also states this clause is provisional ("Informe sobre Gibraltar. 1996", pg. 347, several authors, INCIPE).
*1729 – According to British sources, the [[treaty of Seville]], which ended the war between Spain and Great Britain, was the scene of long arguments between both governments as to how far North the claimed 'undoubted right' of Britain extended from the North face of the Rock.  It was finally accepted that a distance of 600 Toises (about 2,000 metres), being more than 2 cannon shots distance between the British guns and the Spanish guns, would be considered 'the neutral gound' [http://www.gibnet.com/texts/neutral.htm]. No Spanish source mentions the Treaty of Sevilla as doing anything else than simply confirming previous treaties.
*1783After the 14th siege ended, the British resumed the occupation of the British half of the neutral ground.
*1815 April 20 – An isolation camp to prevent the spread of the epidemic outside the fortress walls ([http://www.discovergibraltar.com/other/history/history.htm]) is set up in the neutral ground. This fact can be tracked as the beginning of the present-day dispute with Spain over the isthmus sovereignty. A communication from the British Governor to the Spanish authorities was held. While Spanish sources account that it was a request for permission, modern-day Gibraltarian and UK sources account this as a mere information for reasons of public health and courtesy, since, according to them, the area is British territory so no permission was required.
*1838. According to the British authorities (see British response to Spanish allegations in "New Spanish Red Book"), British sentries were placed in the same place were the gate stands today. According to Spanish sources, this fact is not right, since the current limit was reached only in the West Beach, not in the East Beach, as described by [http://www.globalgeografia.com/europa/gibilterra/fig08.jpg].
*1908. The British constructed a fence along 'the British edge of the neutral territory at Gibraltar' (actually, to avoid offending Spain it was put 1 metre inside the British territory) and, for reasons of courtesy, gave notice to the Government of Spain before doing so. -->

== Positions of each side ==
One of the sources of the dispute is the lack of appropriate definitions of what had been actually ceded to Great Britain. The [[Treaty of Utrecht]] in 1713 did not include any map or specific description of the ceded elements, so that [[:s:Peace and Friendship Treaty of Utrecht between Spain and Great Britain#ARTICLE X|Article X]] is subject to different interpretations from each side. According to Article X of the Treaty of Utrecht, dominion is ceded over ''the town and castle of Gibraltar, together with the port, fortifications, and forts thereunto belonging''.

=== Spanish position ===
[[File:Xibraltarplano-en.jpg|thumb|220px|left|Map of the status of the isthmus according to the Spanish position.]]
Spain does not acknowledge British sovereignty over Gibraltar, as they consider that the only part that was ceded was the fortified perimeter of the city, and the rest had no territorial jurisdiction (the literal phrase of the treaty is "the Catholic King wills, and takes it to be understood that the above-named propriety be yielded to Great Britain without any territorial jurisdiction"). Therefore, the Treaty would not have ceded any part of the isthmus. Spain considers that such an area was occupied by the UK since the 19th century (1815), and such "occupation of the isthmus [by the United Kingdom] is illegal and against the principles of the [[international law]]".<ref>{{cite web |url=http://www.maec.es/subwebs/Embajadas/Londres/es/MenuPpal/Gibraltar/Documents/000.001.002.003%20Título.%20Prefacio.Índice.%20Informe%20(27.02.08).doc |title=La cuestión de Gibraltar |publisher=Ministry of Foreign Affairs and Cooperation of Spain |date=January 2008 |access-date=2010-01-03 |language=es |url-status=dead |archive-url=https://web.archive.org/web/20100105183128/http://www.maec.es/subwebs/Embajadas/Londres/es/MenuPpal/Gibraltar/Documents/000.001.002.003%20T%C3%ADtulo.%20Prefacio.%C3%8Dndice.%20Informe%20%2827.02.08%29.doc |archive-date=2010-01-05 }}</ref> For said reason, British sovereignty is not acknowledged by Spain, considering itself instead to be owner of the territory (see map).

The British informed Spain of its intention to build barracks on the isthmus's neutral ground in 1815, which Spain agreed to for the duration of, and to assist in dealing with, a [[yellow fever]] epidemic in Gibraltar, and the buildings remained thereafter. 
The airport was built unilaterally by the British on another section of neutral ground in 1938, while Spain was fighting a [[Spanish Civil War|civil war]], thus further reducing the original size of the neutral ground.

Referring to the current demarcation, Spanish official terminology always uses the word "fence" (''verja'' in Spanish) instead of "frontier" or "border", since it does not acknowledge the possibility of having a frontier with what Spain considers to be its own territory.

===British position===
The United Kingdom relies on ''de facto'' arguments of possession by [[Prescription (sovereignty transfer)|prescription]] in relation to the southern part of the isthmus,<ref>[[#Gold|Gold, 4]]</ref> as there has been "continuous possession [of the isthmus] over a long period".<ref name="UKoverseas">{{cite web|author=UK Secretary of State for Foreign and Commonwealth Affairs |year=1999 |url=http://www.fco.gov.uk/Files/kfile/OT13.pdf |title=Partnership for Progress and Prosperity: Britain and the Overseas Territories. Appendix 1: Profiles for Cayman Islands, Falkland Islands & Gibraltar |work=Partnership for Progress and Prosperity: Britain and the Overseas Territories |access-date=2005-12-19 |url-status=dead |archive-url=https://web.archive.org/web/20051213211855/http://www.fco.gov.uk/Files/kfile/OT13.pdf |archive-date=2005-12-13 }}</ref>

On 2 December 1987, in a [[:s:Gibraltar Airport Agreement|joint British-Spanish declaration about the use of the airport]], as well as in several EU acts, the UK has acknowledged that Spain disputes the sovereignty of the isthmus (''The ... arrangements ... are understood to be without prejudice to the respective legal positions of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in which the airport is situated.''<ref>[http://www.parliament.the-stationery-office.co.uk/pa/cm199899/cmselect/cmfaff/366/36616.htm Joint Declaration on Airport (of 2 December 1987)] {{webarchive|url=https://web.archive.org/web/20070102020537/http://www.parliament.the-stationery-office.co.uk/pa/cm199899/cmselect/cmfaff/366/36616.htm |date=2 January 2007 }}</ref>), although they reject the basis for that dispute.

The Gibraltar government rejects Spain's argument in its entirety. They point out that as Utrecht ceded "the town and castle of Gibraltar, together with the port, fortifications, and forts thereunto belonging" and there were such "fortifications and forts" along the line of the current frontier (Devil's Tower, El Molino), then this area was included in the cession.

Furthermore, they argue, international practice at the time was that all territorial cessions included an extended surrounding area equivalent to the length of two cannon shots.<ref>{{cite book |last=Walpole |first=Robert |date=1730 |title=The Observations on the Treaty of Seville Examined |url=https://books.google.com/books?id=TtJbAAAAQAAJ&q=cannon+shot&pg=PA11 |location=London |publisher=R. Francklin |access-date=16 January 2014 |pages=26 |quote="He will be ready enough, I dare say, to acknowledge the Treaty of Utrecht to be deficient in any Particular; and I must agree with him that it really is so, in not stipulating for a proper District of Ground round about Gibraltar, beyond the Reach of Cannon Shot, as is usually granted to Garrison Towns. By this Defect, the Spaniards claim all the Land, without the Town, up to the very Walls of it ... "}}</ref> When the treaty of Seville was concluded between Great Britain, France and Spain in 1729, long arguments ensued between Spain and Britain as to how far north the 'undoubted right' of Britain extended from the north face of the Rock of Gibraltar. It was finally accepted that a distance of 600 ''[[Toise]]s'', being more than two cannon shots distance between the British guns and the Spanish guns, would be considered “the neutral ground”.<ref>{{cite web |url=http://www.gibnet.com/library/neutral.htm |title=The Status of the Neutral Territory |author=<!--Staff writer(s); no by-line.--> |website=gibnet.com |publisher=The Europa Historical Society |access-date=16 January 2014}}</ref>

In either case, the United Kingdom further bases its claim upon what they consider to be established legal precedents that grant property rights over an area that is continually occupied and made sole use of, for an extended period.

Maps show the evolution of the British occupation of the isthmus as well as the location of the two items that, according to the [[Gibraltarian government]], were part of the forts ceded in the [[Treaty of Utrecht]] (''Torre del Diablo'', [[Devil's Tower, Gibraltar|Devil's Tower]], and ''Molino'').{{cn|date=February 2025}}

===Status quo===
In practice Gibraltar begins at the frontier/fence and the 'neutral land' to the north has been absorbed into the town of [[La Línea de la Concepción|La Linea]] and that to the south is an integral part of Gibraltar and what was once 'neutral land' is no longer marked on maps which are in use today.

== See also ==
*[[Disputed status of Gibraltar]]

==References==
{{Reflist}}

==Sources==
<!-- Alphabetical order -->
*{{cite book | ref=termina | first = Máximo | last = Cajal | author-link=Máximo Cajal | year = 2003 | title = Ceuta, Melilla, Olivenza y Gibraltar. Donde termina España (Ceuta, Melilla, Olivenza y Gibraltar. Where Spain ends) | editor = Siglo XXI Editores | others = In Spanish | location = Madrid | isbn = 84-323-1138-3}}
*{{cite book | ref=Gold | title=Gibraltar: British or Spanish? | author=Peter Gold | author-link=Peter Gold | publisher=Routledge | year=2005 | isbn=0-415-34795-5 | url=https://books.google.com/books?id=u9YH_fLPu1MC}}
*{{cite book | ref=contention | first=George | last=Hills | author-link=George Hills (historian) | year = 1974 | title = Rock of Contention. A History of Gibraltar | publisher = Robert Hale | location = London | isbn = 0-7091-4352-4}}
*{{cite book | ref=rock | author-link=William Jackson (British Army officer) | first=William | last=Jackson | year = 1990 | title = The Rock of the Gibraltarians. A History of Gibraltar | publisher = Gibraltar Books | edition = 2nd | location = Grendon, Northamptonshire, UK | isbn = 0-948466-14-6}}
*{{cite book | ref=razón | first = Isidro | last = Sepúlveda | year = 2004 | title = Gibraltar. La razón y la fuerza (Gibraltar. The reason and the force) | publisher = Alianza Editorial | others = in Spanish | location = Madrid | isbn = 84-206-4184-7 }} Chapter 2, "La lucha por Gibraltar" (The Struggle for Gibraltar) is available online (PDF)

{{Gibraltar topics}}

{{DEFAULTSORT:Disputed Status Of The Isthmus Between Gibraltar And Spain}}
[[Category:Politics of Gibraltar]]
[[Category:Spain–United Kingdom relations]]
[[Category:Gibraltar–Spain border]]
[[Category:Disputed territories in Europe|Gibraltar]]