South West Africa (Ethiopia v. South Africa)
OVERVIEW OF THE CASE
On 4 November 1960, Ethiopia and Liberia, as former States Members of the League of Nations, instituted separate proceedings against South Africa in a case concerning the continued existence of the League of Nations Mandate for South West Africa and the duties and performance of South Africa as mandatory Power. The Court was requested to make declarations to the effect that South West Africa remained a territory under a Mandate, that South Africa had been in breach of its obligations under that Mandate, and that the Mandate and hence the mandatory authority were subject to the supervision of the United Nations. On 20 May 1961, the Court made an Order finding Ethiopia and Liberia to be in the same interest and joining the proceedings each had instituted. South Africa filed four preliminary objections to the Court’s jurisdiction. In a Judgment of 21 December 1962, the Court rejected these and upheld its jurisdiction. After pleadings on the merits had been filed within the time-limits fixed at the request of the Parties, the Court held public sittings from 15 March to 29 November 1965 in order to hear oral arguments and testimony, and judgment in the second phase was given on 18 July 1966. By the casting vote of the President — the votes having been equally divided (7-7) — the Court found that Ethiopia and Liberia could not be considered to have established any legal right or interest appertaining to them in the subject-matter of their claims, and accordingly decided to reject those claims.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Written proceedings
30 November 1961
Procedure(s):Preliminary objections
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1 March 1962
Procedure(s):Preliminary objections
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10 January 1964
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22 December 1964
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Oral proceedings
Verbatim record 1962/35
(bilingual version)
Minutes of the Public Hearings held at the Peace Palace, The Hague, from 2 to 22 October and on 21 December 1962, the President, Mr. Winiarsky, presiding
Procedure(s):Preliminary objections
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Verbatim record 1965/1
(bilingual version)
Minutes of the Public Hearings held from 15 March to 14 July, 20 September to 15 November and 29 November 1965, 21 March and on 18 July 1966, the President, Sir Percy Spender, presiding (Minutes and Annexes to the Minutes)
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Verbatim record 1965/2
(bilingual version)
Minutes of the Public Hearings held from 15 March to 14 July, 20 September to 15 November and 29 November 1965, 21 March and on 18 July 1966, the President, Sir Percy Spender, presiding (Annexes to the Minutes - continued)
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Verbatim record 1965/3
(bilingual version)
Minutes of the Public Hearings held from 15 March to 14 July, 20 September to 15 November and 29 November 1965, 21 March and on 18 July 1966, the President, Sir Percy Spender, presiding (Annexes to the Minutes - continued)
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Verbatim record 1965/4
(bilingual version)
Minutes of the Public Hearings held from 15 March to 14 July, 20 September to 15 November and 29 November 1965, 21 March and on 18 July 1966, the President, Sir Percy Spender, presiding (Annexes to the Minutes - continued)
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Verbatim record 1965/5
(bilingual version)
Minutes of the Public Hearings held from 15 March to 14 July, 20 September to 15 November and 29 November 1965, 21 March and on 18 July 1966, the President, Sir Percy Spender, presiding (Annexes to the Minutes - concluded)
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Other documents
24 May 1965
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Orders
Fixing of time-limit: Written Statement of observations and submissions on preliminary objections
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Judgments
Preliminary Objections
Procedure(s):Preliminary objections
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Second Phase
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Summaries of Judgments and Orders
Press releases
5 November 1960
South West Africa (Ethiopia v. South Africa) - The Government of Ethiopia files an Application instituting proceedings against the Union of South Africa
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17 December 1960
South West Africa (Ethiopia v. South Africa) - The Government of the Union of South Africa appoints its Agent
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6 February 1961
South West Africa (Ethiopia v. South Africa) - Time-limits for the filing of the pleadings
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29 May 1961
South West Africa (Ethiopia v. South Africa) - Order of 20 May 1961
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5 December 1961
South West Africa (Ethiopia v. South Africa) - The Government of South Africa present Preliminary Objections to the jurisdiction of the Court
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7 December 1961
South West Africa (Ethiopia v. South Africa) - Time-limit for the presentation by Ethiopia and Liberia of a written statement of their observations and submissions on the Preliminary Objections
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25 September 1962
South West Africa (Ethiopia v. South Africa) - Representatives of the Parties at the hearings which will begin on 2 October 1962
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2 October 1962
South West Africa (Ethiopia v. South Africa) - Hearing of 2 October 1962
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11 October 1962
South West Africa (Ethiopia v. South Africa) - Hearing of 3 to 11 October 1962
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17 October 1962
South West Africa (Ethiopia v. South Africa) - Hearing of 15, 16 and 17 October 1962
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19 October 1962
South West Africa (Ethiopia v. South Africa) - Hearing of 19 October 1962
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22 October 1962
South West Africa (Ethiopia v. South Africa) - Hearing of 22 October 1962
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23 October 1962
South West Africa (Ethiopia v. South Africa) - Closing of the oral procedure (Preliminary Objections)
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17 December 1962
South West Africa (Ethiopia v. South Africa) - The Court will deliver its Judgment on the Preliminary Objections on 21 December 1962
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21 December 1962
South West Africa (Ethiopia v. South Africa) - Judgment (Preliminary Objections)
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8 February 1963
South West Africa (Ethiopia v. South Africa) - Time-limit for the filing of the Counter-Memorial of South Africa
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23 September 1963
South West Africa (Ethiopia v. South Africa) - Extension of the time-limit fixed for the filing of the Counter-Memorial of South Africa
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22 January 1964
South West Africa (Ethiopia v. South Africa) - Time-limits for the filing of the Reply of Ethiopia and Liberia and the Rejoinder of South Africa
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23 October 1964
South West Africa (Ethiopia v. South Africa) - Extension of the time-limit for the filing of South Africa's Rejoinder
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4 January 1965
South West Africa (Ethiopia v. South Africa) - The hearings will begin on 15 March 1965
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11 March 1965
South West Africa (Ethiopia v. South Africa) - Representatives of the Parties at the hearings
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15 March 1965
South West Africa (Ethiopia v. South Africa) - Hearing of 15 March 1965
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15 March 1965
South West Africa (Ethiopia v. South Africa) - The Court will resume its public hearings on the conclusion of its closed hearings on a preliminary matter now under consideration
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17 March 1965
South West Africa (Ethiopia v. South Africa) - The Court will resume its public hearings on 18 March 1965
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24 March 1965
South West Africa (Ethiopia v. South Africa) - Hearings of 18 to 24 March 1965
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28 April 1965
South West Africa (Ethiopia v. South Africa) - Hearings of 22 to 28 April 1965
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4 May 1965
South West Africa (Ethiopia v. South Africa) - Hearings of 30 April to 4 May 1965
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19 May 1965
South West Africa (Ethiopia v. South Africa) - Hearings of 7 to 19 May 1965
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27 May 1965
South West Africa (Ethiopia v. South Africa) - Hearings of 24 au 27 May 1965
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17 June 1965
South West Africa (Ethiopia v. South Africa) - Hearings of 8 to 17 June 1965
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23 June 1965
South West Africa (Ethiopia v. South Africa) - Hearings of 18 to 23 June 1965
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14 July 1965
South West Africa (Ethiopia v. South Africa) - Hearings of 30 June to 14 July 1965
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20 September 1965
South West Africa (Ethiopia v. South Africa) - Hearing of 20 September 1965
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21 October 1965
South West Africa (Ethiopia v. South Africa) - Hearings of 20 September to 21 October 1965
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5 November 1965
South West Africa (Ethiopia v. South Africa) - Hearings of 26 October to 5 November 1965
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10 November 1965
South West Africa (Ethiopia v. South Africa) - Hearings of 9 and 10 November 1965
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15 November 1965
South West Africa (Ethiopia v. South Africa) - Hearings of 12 and 15 November 1965
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24 November 1965
South West Africa (Ethiopia v. South Africa) - On 29 November 1965, the Court will give its decision on South Africa's request for an inspection in loco
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29 November 1965
South West Africa (Ethiopia v. South Africa) - Hearing of 29 November 1965
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13 December 1965
South West Africa (Ethiopia v. South Africa) - The Court will meet as early as possible in 1966 to begin its formal deliberations
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8 July 1966
Judgment in the South West Africa cases (Ethiopia v. South Africa; Liberia v. South Africa)
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Press release 1966/6
(French version only)
18 July 1966
Arrêt en la deuxième phase des affaires du Sud-Ouest africain (Ethiopie c. Afrique du Sud; Libéria c. Afrique du Sud) (French version only)
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Press release 1966/7
(French version only)