Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970) - Opening of public hearings

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INTERNATIONAL COURT OF JUSTICE
Peace Palace. The Hague. Tel. 39 23 44 ·Cables: lntercourt, TheHague
. ,
communique

forimmedire/ease

No. 71/4
5 February1971

Legal Consequencesfor States of the Continued Presence
of South .4.frica in NamibiSouth West Africa) notwi ths.tanding
Security Council Resolution 276 1970

Opening of PublicHearings

The following informationis communicated to the Press by the
Registry of the InternationalCourt of Justice:
The public hearings in the above-mentionedadvisory proceedings
will open in the Peace Palace,The Hague, on Monday, 8 February 1971,
at 3 p.m.

The Court will be composed as follows:

Judges Sir GeralduFitzmaurice,Padilla;Nervo,-Forster,tGros,un;
Bengzon, Petrén, Iachs,Onyearna, Dillard,Ignacio-Pinto, de Castro,
Morozov and Jiménez de Aréchaga.

The following organizationsand States have a.Dnounced their
intention to submit written statements:

Secretary-General of the UnitedNations:
Mr. CA. Stavropoulos, Under Secretary-Generaland Legal Counsel,
United· Nations;;

Organization of African Unity:

Mr. T.O. Elias, Attorney-Generaland Commissioner for Justice,
H.E. Mr. A.. El-Erian,in France;of the United Arab Republic

Finland:

M1. E.,J.S.Castrén_. Professorof Inte~nationalIaw in the
University of Helsinki;

India:
Mr. !V1.C. Chagla, Member of Pàrliament,Former M:l.nister for
Foreign Affairs,
H.E. Mr. J.N. Dhamija, Ambassador of Indiato ~he Netherlands,
Mr. S.P. Jagota, Director, Legal and TreatiesDivision in the
Ministry of ExternalAffairs;

Netherlands .... - 2 -

Netherlands:

Mr. W. Riphagen, Legal Adviser, Ministry of Foreign Affairs;

Nigeria:

Mr. T..O. Elias, Attorney-General and Commissioner for Justice;

Pakistan:

L-:-Thename of the representative is not yet known_J';

Republic. of Viet:..'Nam:':. . ...~-..

Mr. Le Tai Trien~. Att6rney-Generai°, Supreme Court;

South Africa:

-Mr.. J .D. Viall, Legal Adviser -ta the Department of Foreign Affairs,
Mr. D.P. de Villiers, S.C., Advocate of the Supreme.Court?
Mr. E.M. Grosskopf, S.C., Member of the South Afrièan ~r,
Mr. H.J..O. van Heerden, Member of the South African Bar,
Mr. R.F. Botha, Member of the South African Bar,

Mr. M. Wiechers, Professor of Law in the University of South Africa,
Mr. F.D. Tothill, Member of the Department of Foreign Affairs,
Mr. C.H.S. von Bach, Member of the Department of Foreign Affairs;

United States of Ameri9a:

. Mr. J.R.- Stevenson, ~egal Adviser, Department of State.

*

Hereunder will be found a few factual details concerning the case
now before the Court:

A Mandate for South West Africa was ·conferred upon South Africa
at the time of the League of Nations. Since the dissolution of the
I.eague of Nations (1946) this territory has been the subject of léngthy
discussions in the United Nations.

At the request of the General Assembly of the United Nations the
Court has given three·Advisory ()pinions·on the .following questions:

- International Status of South West Africa (0pinion requested on

27 December 1949, given on 11 July 1950);

- Voting. Procedure in the· General.Assembly on.~uestions Relating to
Reports and Petitions Concerning the Territory of South West Africa
(Opinion requested on 6 December 1954, given on 7 June 1955);

- Admissibility of Hearings of :?etitioners by the United Nations
Committee on SoUth West Africa (Opinion requested on .22 Decembèr 1955,
Given on 1 June 1956).

The •••• - 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. Ethiopia and
Liberia had inter alia requested the Court to find that South Africa
had been in breach of certain obligations under the Mandate. The Court
found that it had jurisdiction in the case, but that the Applicants
could not be considered to have established any legal right or interest

appertaining to them in the subject matter of the claim.

On 27 October 1966, the General .l\ssembly of the United Nations
resolved that the Mandate for South West Africa conferred upon
South Africa was terminated and that the United Nations "must discharge
those responsibilities with respect to South West Africa"
(resolution 2145 (XXI)). Subsequently the General Assembly confirmed
this resolution in various other resolutions in which inter alia it
proclaimed "that, in accordance with the desires of its people,
South West Africa shall·henceforth be known as Namibia 111•

On 20 March 1969 the Security Council called upon the Government
of South Africa "to immediately withdraw its administration from the
terri tory'' (resolution 261!.(1969)). On 12 August 1969 the Council
called upon the Government of South Africa to withdraw "in any case
before 4 October 1969" (resolution 269 (1969)). On 30 January 1970
it decided inter alia to estabUsh an ad hoc sub-committee to study,
in consultation with the Secretary-General, ways and means by which the
relevant resolutions of the Council could be effectively implemented
(resolution 276 (1970)).

By resolution 284 (1970) of 29 July 1970, the Security Council
decided, on the recommendation of the ad hoc sub-committee, to request

an advisory opinion of the International Court of Justice on the
following question:

"What are the legal consequences for States of the continued
presence of South Africain Namibia, notwithstanding Security
Council resolution 276 (1970)? 11

Pursuant to Article 66, paragraph 2, of the Statute of the Court
(see Annex 1 herewith), the President caused the one hundred and
thirty-two States entitled to appear before the Court to be notified
that the Court was prepared to receive their written statements or to
hear their oral statements relating to the question.

Within a time-limit fixed at 5 August 1970 and later extended to
19 November, the following States have submitted written statements:
Czechoslovakia, Finland, France, Hungary, India, Netherlands, Nigeria,
Pakistan, Poland, South Africa, United States of America and Yugoslavia.
A written statement has also been submitted by the Secretary-General of
the United Nations.

By Orders of 26 January 1971, the Court decided net to accede to
the objections raised by South Africain its written statement concerning
the participation of the President and of Judges Padilla Nervo and
Morozov in the proceedings.

After having heard the representatives of South Africa at a closed
hearing on 27 Januarr 1971, the Court decided by an Ortler of 29 January
to reject the request of that State for the appointment of a judge ad hoc. Annex 1 to Press communiqué N()_:._]J/4

CHARTER OF THE UNITEDNATIONS

Article 96

1. The General Assembly or the Security 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 Ç:_uestions arising
within the scope of their activities.

STATUTEOF THE COURT

Article 65

1. The Court may give an advisory opinion on any legal -iuestion
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 which the advisory opinion of the Courtis
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 forthwi th gi ve 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, not:i.fy any State enb_tled to appear before the Court or
international organization considered by the Court, or, should it not
be sitting, by the President, as likely to be able to furnish infor­
mation on the question, that the Court wj.ll 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 comrrrunication referred to in

paragraph 2 of this Article, such State may express a desire to
submit a written statement or to be heard; and the Court will decide.

4.. States and organizations having presented wri tten or oral
statements or bath shall be permitted to comment on the statements
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 particular case. Accordingly,
the Registrar shall in due time communicate any such written statements
ta States and organizations having submitted similar statements.

Article 67

The Court shall deliver its advisory opinions in open Court,
notice having been given ta the Secretary-General and ta the
representatives of Members of the United Nations, of other States and
of international organizations immediately concerned.-;
1

Annex 2 to Press Communiqué 71/4

NOTEFOR THE PRESS ANDTHE PUBLIC

1. Public hearings of the International Court of Justicé are
held in the main Courtroom of the Peace Palace. As a general rule,
they take place on Mondays, from 3 p.m. to 6 p.m. (with a brief
adjournment at 4.20 p.m. ), and on Tuesdays, Wednesdays, Thursdays
and Fridays from 10 a.m. to 1 p.m. (with a brief adjournment at 11.20 a.m. ).
Statements made in French are simultaneously interpreted into English
and vice versa.

Members of the Press are enti tled to att_end all pub.lie si ttings, on
presentation of an admission card which may be obtained upon application.
Tables are reserved for them on the left side of the courtroom.
. ,·

Photographs may be taken before the opening of each sitting.
A special permit is however necessary for the taking of shots or films
intendecl .for showing ..in cinemas or on televi·sion. ·

A Press Room is reserved for members of the Press on the -ground
floor of the Peace Palace (Room 5) and there are six telephone booths
• in the Post Office, located in the basement.

2. Press communiqués are issued whenever the next public sitting
is to be held cin a date other than the following working day, or
when called for by special circu.mstances.

3. Copies of the verbatim transcript of each sitting, in the
original language, are available in the Press Room at the beginning
of the morning following the sittings on Tuesdays, Wednesdays, Thursdays
and Fridays, and at the beginning of Tuesday afternoon in the case of
Monday sittings. Copies will also be available at the International
Press Centre, 1Nieuwspoort 1, Hofsingel 12, The Hague, in the evening
of the day of sittings on Tuesdays, Wednesdays, Thursdays and Fridays,
and at lunchtime on Tuesday in the case of l\londay sittings. Translations
of the verbatim transcripts are available to members of the Press at the
same places approximately 48 hours later.

~-. The Court has authorized the wri tten statements relating to
the present advisory proceedings and the verbatim transcript of the

hearing of 27 January 1971 to be made accessible to the public as
from 5 February 1971. In consequence, sets of these documents (and/or
of their translation) have been deposited in the following places:

Press Room in the Peace Palace (Room 5). Members of the Press
are requested not to take them away, as the Registry has
available only a limited number of copies;

- Library of the Carnegie Foundation, Peace Palace, The Hague
(open from 10 a.m. to 5 p.m. );

- Library of the International Press Centre, "Nieuwspoort",
Hofsingel 12, The Hague;

- Dag HammarskjBld Library, United Nations Headquarters, New York;

- Library •••• - 2 -

- Library of the Office of the United Nations, Palais des Nations,
Geneva;

- United Nations Information Centre, 14~15 Stratford Place,
London WIN9AF;

- United Nations Information·Centre, 26 Avenue de Ségur, Paris VIIe.

5, The printed publications of the Court concerning the cases
mentioned in the present communiqué, including the two volumes
Pleadings, Oral Arguments, Documents relating to the case decided
in 1966, may be obtained from:

- ~istribution and Sales Section, Office of the United Nations,
1211 Geneva 10, Switzerland;

- Sales Section, .United Nations, New York_. N.Y. 10017, U.S.A.;

1
- A.W. Sijthoff s Publishing Company, F.O. Box 26, Leyden~
Netherlands;

or from any bookseller selling United Nations publications.

6.. Mr. A. Pillepich, First Secretary of the Court (tel;ephone
extension No. 54), is available to de:al with any request fer
information by members of the Press.