Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970) - The President of the Court made an Order

1 ARCHIVES\

INTERNATIONAL COURT OF JUSTICE
Peace Palace. The Hague· Tel. 39 2144 ·Cables: lntercourt. TheHague
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ç,mmun,que
unofficial
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No. 70/7
6 August lg-(0

Legal Consequences for States of the Continued Presence
of South Africain Namibia (South West Africa) .notwithstanding
Security·Council Resolution 276 (1970)

The following information is cormnunicated to the Press by the
Registry of the International Court of Justice:·

On 5 August lg-(0, the President of the Court fixed 23 September lg-(0
as the time-limit within which the 126 Member States of the,United Nations
may submit written statements in regard to the advisory opinion recently
requested by the Security Council (see Press communiquéNo. 70/6 of
30 Jùly 1970).

These States have be~n notified of the question by means of a special
and direct communication.

The 3Ubsequent p~ocedure has been reserved.

*.

Resolution 284 of 29.July 1970 by which the Security Council
requested an advisory opinion of the Court reads as follows:

"The Security Council,

Reaffirming the special responsibility of the United Nations
with regard to the territory and the people of Namibia,

Recalling Securi ty Council resolut_ion 276 (1970) on the
question of Namibia,

· Taking note of the report and recommendations submitted by
the Ad Hoc Sub-Committee established in pursuance of Security Council
resolution 276 (1970),

Taking further note of the recommendation of the Ad Ho9
Sub-Committee on the possibility of requesting an advis9ry
opinion from the Int.ernational Court· of Justice, ·

Considering that an advisory opinion from the International
Court of Justice would be useful for the Securi ty Coune n in i ts
further consideration of the question of Namibia and in furtnerance
of the obj'ectives thE;iÇouncil ~s. sëekiil~~- ·.. ..

1. Decides •••• , ·~I

- 2 -

1. Decides to submit in accordance with Article 96 (1)
of the Charter, the following question to the International Court
of Justice with the request for an advisory opinion which

shall be transmitted to the Security Co~cil at an early.date:

'What are the legal consequences for States of
the continued presence of South Africain Namibia,
no±withstanding Sccurity Council resolution 276 (1970)? 1

2. Requests the Secretary-General to transmit the present
:;r.esolution., to'.:.the Inte.m_ç1j,_iona.l.Cour;.of.J:.ustï~.e,--i-n ·accordance

;,r.l), • '...... ,.,, ~··..... • ••~·••'-~"'r1,,.,.'•.,1•.\:C.o,'It.,{._'a:t!compaliyd-·
.....doé·uments: J_il(~l.yto _throw.;Light ·üpon <thè qiie·stion. 11

The Mandate for South West Africa was conferred up·on South Africa
at the time of the League ·of Nations. Sirice the dissolution of the
League of Nations (1946), this territory has been ~he subject of lengthy
·di$cussions in the United Nations •

.At tne·request of the General Assembly of the United· Nations, .the
Cou:r:'t.as given_ three advisôry opinions on the following questions:

- International status of South West Africa (opinion requested on
:27 Deqember 1949, given on 11 July 1950)1; · ·

- Voting procedure in the General Assembly on questions relating to
reports and petitions concerning the Territory of South West Africa
2
(opinion requested on 6 December 1954, given on 7 June 1955) ; ·

- Adniissibii'ity. of hearings of petitioners by the United Nations
Committee on 'South West Africa (opinion requested·on 22 December 1955,
given on 1 June 1956)3. · · ·· · ·

The

1 . :
References:
International Status of South West Africa, Advisory Opinion, I.C.J.
Reports, 1950, p. 128;
I.C.J. Pleadings, International Status of South West Africa

2
References: .
votirig Procedure on Questions relating to Reports arid P~ti:ti.ons
concer.ning the Tcrritory of South West Africa, Advisory Opinion,
I,C,J. Reports 1955, p. 67; .
I. C.J •. Pleadings:,· Votihg Procedure. on. Questio:r1s..Rèlating to Reports
and Peti tiens COJ?Cernirtgthe Terri tory of South West /\fric.?.

3Ref~~ence~: ....
·.)',drpj_ssibility of Hearings· of Petitioners ·by -the Cominittee on
South West. Africa, Advisory Opinion, L C .J. Report"S 1956, p. 23;

I.C.J. Pleadings, Adm.issibilit'y o·f Hearings of Peti tioners by the
Committee on South West Africa •

..
. \ - 3 -

The Court has also delivered two Judgments (Preliminary Objections,
21 December 1962; Second Phase, 18 July 1966) in a contentious case

brought by Ethiopia and Liberia against South Africa. In an Application
dated 4 November 1960, Ethiopin and Liberia had inter alia requested
the Court ta find that South Africa had been in breach of certain
obligations under the MQndatc. The Court found that i t had jurisdiction
in the case, but that the Applicants could not be considered to have
established any legal right or interest appertaining ta them in the
subject matter of the claiml.

On 27 Octaber 1966, ~he General Assembly of the United Nations

resolved that the Mandate for South West Africa conferred upon
South Africa was terminated and that the United Nations 1must discharge
those responsibilities with respect to South West Africa"
(resolution 2145 (XXI)). Subsequently the General Assembly canfirmed
this resolution in various other resolutions in which inter alia it
-roclaimed "that, i•.o.ccordance 1ith the desires of its people,
South West Africa shall henceforth be known as Namibia 11•

On 20 Ma11h 1969 the Security Council called upon the Government of
Sou th A fric a to immedia te ly withdrml/ i ts c..dmini stra t ion from the
• terri tory 11 (reso lu tian 264 (1969) ). On 12 August 1969 the Council called
upon the Government of South Africa to withclraw 1in any case before
4 October 1969'11(resolution 269 (1969)). On 30 J:muary 1970 it decided
inter alio. to establish an ad hoc sub-commi tttee to study, in
consultation with the Secretary-General, wa.ys o.nd means by which the
relevant resolutians of the Council could be effectively implemented

(resolution 276 (1970)).

It was on the report of the Ad Hoc Sub-Committee (United Nations
document s/9863, dated 7 July 1970) that the Council adopted inter alia
the resolution reproduced above by which it decided to request an
advisory opinion of the Court.

*

The text of the chief Articles of the Charter of the United Nations
and of the Statute of the Court applicable ta advisory procecdings will
be found in the annex ta the present communiqué.

*

The printed publicr:.tions of the United Ne.tians and of the Court
concerning this question may be ordered from the Distribution and Sales
Section, Office of the United Ne.tians, 1211 Geneva 10 (Switzerland), the
Sales Section., United Nations, New York, N.Y. 10017 (U.,S,A.), or from

.:::mbaokseller selling United Nations publications. -

lReferences:
South West Africo., Preliminary Objections, Judgment, I.C.J. Reports
1962. p. 319;
South West Africa, Second Phase, Judgrnent, _)_. C,J, Reports 1966,
p. 6;

I.C.J. Pleadings, South West Africa, Vols. I-XII. •

.Jl..lmexto Press communiqué N° 70/7

CHARll_'EORF THE UNITED NATIONS

Article 96

1. The General Assembly or the Securi ty Council may request the
International Court of Justice to give an advisory opinion on any
legal question.

2. Other organs of the United Nations and specialized agencies~
which may at any time be so authorized by the General Assembly, may
also request advisory opinions of the Court on legal questions arising
within the scope of their activities.

STATUTEOF THE COURT

Article 65

1. The Court may give an advisory opinion on any legal question

at the request of whatever body may be authorized by or in accordance
with the Charter of the United Nations to make such a request,

• 2. Questions upon v,hich the advfaory opinion of the Court is
asked shall be laid before the Court by means of a written request
containing an exact statement of the question upon which an opinion
is required, and accompanied by all documents likely to throw light
upon the question.

Article 66

1. The Registrar shall forthwith give notice of the request for
an advisory opinion to all States entitled to appear before the Court.

2. The Registrar shall also, by means of a special and direct

communication, notify any State entitled to appear before the Court or
international organization considered by the Court, or, should it not
be si tting, by the President,, as likely to be able to furnish infor­
mation on the question, that the Court will be prepared to receive,
within a time-limit to be fixed by the President, written statements,
or to hear, at a public sitting to be held for the purpose, oral
statements relating to the question.
•
3. Should any such State entitled to appear before the Court
have failed to receive the special comm1mication referred ta in
paragraph 2 of this Article, such State may express a desire ta
submit a written statement or to be heard; and the Court will decide.

lf. States and organizations having presented written or oral
statements or bath shall be permitted to comment on the staternents
made by other States or organizations in the form, to the extent and
within the time-limits which the Court, or, should it not be sitting,
the President, shall decide in each particul~r case. Accordingly,
the Registrar shall in due time comrnunicate any such written statements
to States and organizations having submitted similar statements.

Article 67

The Court shall deliver its advisory op1n1ons in open Court,
notice hav:i.ng been given to the Secretary-General and to the
representatives of Member·s of the United Nations, of other States and
of international organizations immediately concerned.