INTERNATIONAL COURT OF JUSTICE
Peace Palace, 2517 KJ The Hague. Tel. 92 44 41. Cables: Intercourt, 'The Hague
unofficial
for ~ntmediaterelease
No. 8612
10 January 1986
Provisional measures are indicated in the case of the Frontier Dispute
(~urkina Fasol~ali)
The following information is communicated to the press by the
Regist ry of the International Court of Justice :
Today, 10 January 1986, twenty-four hours after hearing the Parties
at a public sitting, the Chamber of the Court constituted to deal with
the frontier dispute between Burkina Faso and Mali unanimously indicated
provisional measures.
Among other meipsures, the Chamber is asking the Governments of
Burkina Faso and MaIli to withdraw their armed forces to such positioris,
or behind such lineis as may, within twenty days of the delivery of the
Order, be determinetl by agreement between the two Governments, it being
understood that the terms of the troop withdrawal will be laid down by
the agreement in question: failing such agreement, the Chamber will.
itself indicate these terms.
The Chamber is also calling on both Parties to continue to observe
the ceasefire which kas already taken place; not to modify the previous
situation as regard:; the administration of the disputed areas; and to
avoid any act likely to aggravate or extend the dispute of which the
Chamber is seised.
Annexed to thif; communiqué is the full text of the operative
provisions of the Order.
The Chamber constituted in the case of the Frontier Dispute
(Burkina ~aso/Mali) is composed as follows:
President Mohammed Bedjaoui,
Judges E4anfred Lachs ,
José-Maria Ruda
Judges ad hoc François Luchaire,
Georges Abi-Saab
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- As the press have been informed, the Chamber held a public sitting
on 9 January 1986 to hear the representatives of the two Parties on the
requests for the indication of provisional measures which both had
submitted.
The following speakers addressed the Chamber in tum:
For Burkina Faso
His Excellency Mr. Emmanuel Salembere, Co-Agent of Burkina Faso
Mr. Jean-Pierre Cot and Mr. Alain Pellet, Counsel
For Mali
His Excellency Mr. Yaya Diarra, Co-Agent of Mali, and
Mr. Jean Salmon, Counse 1 Annex to Press communiqué No. 8612
FRONTIER DISPUTE (BURKINA FASO~MALI)
Order indicat ing pf ovikional measures
----
10 January 1986
THE CHAMBER,
unanimously,
1. Indicates, pending its final decision in the proceedings instituted
on 20 October 1983 by th.e notification of the Special Agreement between the
Government of the Republic of Upper Volta (now Burkina Faso) and the
Government of the Republic of Mali, signed on 16 September 1983 and relative
to the frontier dispute between the two States, the following provisional
measures:
A. The Government of R~irXtca Faso and the Government of
the Republic of Mali should each of them ensure that no action of any kind
is taken which might aggravate or extend the dispute submitted to the
Chamber or prejudice the right of the other Party to compliance with
whatever judgment the Chamber may render in the case;
B. Both Governments should refrain from any act likely to impede the
gathering of evidence material to the present case;
C. Both Governments should continue to observe the ceasefire instituted
by agreement between the two Heads of State on 31 December 1985;
D. Both Governments should withdraw their armed forces to such
positions, or behind sucn lines, as may, within twenty days of the date of
the present Order, be determined by an agreement between those Governments,
it being understood that the terms of the troop withdrawal will be laid down
by the agreement in question and that, failing such agreement, the Chamber
will itself indicate them by means of an Order;
E. In regard to the administration of the disputed areas, the situation
which prevailed before the armed actions that gave rise to the requests for
provisional measures should not be modified;
2. Calls upon the Agents of the Parties to notify the Registrar without
delay of any agreement concluded between their Governments within the scope
of point 1 D above;
3. Decides that, pending its final judgment, and without prejudice to
the application of Article 76 of the Rules, the Chamber will remain seised
of the questions covered by the present Order.
Frontier Dispute (Burkina Faso/Mali) - Provisional measures are indicated in the case of the Frontier Dispute (Burkina Faso/Mali)