Kasikili/Sedudu Island (Botswana/Namibia) - Conclusion of the hearings on the merits of the case - The Court ready to consider its Judgment

INTERNATIONAL COURTOFJUSTICE

Peace Palace, 2517 KJ The Hague. Tel.(31-70-302 23 23). Cables: Intercourt, The Hague.
Telefax (31-70-364 99 28). Telex 32323. Internet address: http: Il www.icj-cij.org

Communiqué
unofficial
for immediaterelease

No. 99/10

5 March 1999

Case concerning Kasikili/Sedudu Island CBotswana/Namibia)

Conclusion of the hearin ~nsthe merits of the case

The Court ready to consider its Judgment

THE HAGUE, 5 March 1999. The public hearings in the case concerning Kasikili/Sedudu
Island (Botswana!Namîbîa), which started on 15 February 1999 at the International Court of Justice
(ICJ), were concluded today, enabling the judges to start their deliberations.

The Court has been requested by the Parties "to determine the boundary between Botswana
and Namibia around Kasikili/Sedudu Island and the legal status of the Island", situated in the Chobe
River.

During the hearings, the delegation of Botswana was led by Mr. Abednego Batshani Tafa,
Advocate of the High Court and Court of Appeal, Deputy Attorney-Generai, Agent. The delegation

from Namibia was led by Dr. Albert Kawana, Permanent Secretary, Ministry of Justice, Agent.

The Court's Judgment will be delivered in the autultwill be read at a public hearing on
a date to be announced in a forthcoming press release.

Background infonnation

On 29 May 1996 the Govemment of the Republic of Botswana and the Govemment ofthe

Republic ofNamîbîajointly notifîed to the Registrar of the Court a Special Agreement between the
two States signed at Gaborone (Botswana) on 15 February 1996, which came into force on
15 May 1996, for the submission to the Court of the dispute between them concerning the boundary
around Kasikili/Sedudu Island and the legal status of the Island.

The Special Agreement refers to a Treaty between Great Britain and Gennany on their
respective spheres of influence, signed on 1 July 1890, and to the appointment, on 24 May 1992,
of a Joint Team ofTechnical Experts "to determine the boundary between Namibia and Botswana
around Kasikili/Sedudu Island" on the basis of that Treaty and of the applicable princiofes

international law.

Finding themselves q.nable to reach agreement on the question, the Joint Team ofTechnical

Experts recommended "recourse to the peaceful settlement of the dispute on the basis of the
applicable rules and prîncîples of international law". - 2 -

At the Summit Meeting held in Harare, Zimbabwe, on 15 February 1995, President Masire

of Botswana and President Nujoma of Namibia agreed "to submit the dispute to the International
Court of Justice for a final and binding determination".

Under the tenns of the Special Agreement, the Parties asked the Court to "determine, on the

basis of the Anglo-German Treaty of 1 July 1890 and the ru les and princip les of international law,
the boundary between Namibia and Botswana around Kasikili/Sedudu Island and the legal status
of the island".

By an Order of 24 June 1996, the Court fixed 28 February 1997 as the time-limit for the
filing of a Memorial by each of the Parties and 28 November 1997 as the time-Iimit for the filing
of their Counter-Memorials. These written pleadings were duly filed by Botswana and Namibia

within the time-limits fixed.

By an Order of 27 February 1998, the Court, taking into account the agreement between the
Parties, fixed 27 November 1998 as the time-limit for the filing oftheir respective Replies. These

Replies have been duly filed by both Parties. •

*

Internai Judicial Practice of the Court with respect to deliberations

In accordance with the Internai Judicial Practice of the Court with respect to deliberations,

the judges will shortly hold a preliminary discussion, at which the President will outline the issues
which require discussion and a decision by the Court.

Eachjudge will theo prepare a written Note setting out his views on the case. Each Note will

be distributed to the other judges. A fulldelîberation will be held afterwards, at the end ofwhich,
on the basis of the views expressed, a drafting committee will be chosen by secret ballot. That
committee will consist of two judges holding the majority view, together with the President, if he
shares that view.

The draft text will go through two readings during which amendments submitted by the
judges will be considered. Meanwhile, judges who wish to do so may prepare a separate or •

dissenting opinion.

The final vote will be taken after adoption of the final text in the second reading.

*

NOTE FOR THE PRESS

The full transcripts of the hearings of 15 February-5 March 1999 can be found on the
Website of the Court at the following address: http://www.icj-cij.org

Information Office
Mr. Arthur Witteveen, Secretary of the Court (tel: 31-70-302 2336)
Mrs. Laurence Blairon, Information Officer (tel: 31-70-302 2337)
E-mail: [email protected]