Reactions to the Judgment of 22 December 1986 in the case concerning the Frontier Dispute (Burkina Faso/Republic of Mali)

INTERNATIONAL COURT OF JUSTICE

Peace Palace, 2517 KJ The Hague. Te!. 92 44 41. Cables: Intercourt. The Hague
Telex 32323

Communiqué -
une fficial
Distributed 21-1-87 (10.30) for rmmediate release
P.O. Peace Palace 21-1-87 (10.30)

Last communiqué in 1986
series was No. 86/18

No. 87/1
16 January 1987

Keactions to the Judgment of 22 December 1986 in the case concerning

-he Frontier Dispute (Burkina ~aso/~epublic of Mali)

The following information is communicated to the Press by the
Kegistry of the 1nte:cnational Court of Justice:

Following the Judgment delivered on 22 December 1986 by the Chamber
which was constituted by the International Court of Justice in the case
concerning the Frontier Dispute (Burkina Faso/Republic of Mali), the
President of Burkina Faso, Captain Thomas Sankara, and the President of
the Republic of Mali, General Moussa Traoré, sent to the President of the
Chamber, Judge Mohammed Bedjaoui, messages which reiterate their
acceptance of the decision and which undertake to facilitate its
implementation on the ground.

The texts of the messages concerned , dated respectively
24 December 1986 and 10 January 1987, are annexed hereto. Annex 1 to k~ <, (--~l~li~ii@87/1

Plessage sen!; on 24 Deceuiber 1986 by Captain TlioliiasS,ir~lL r,,
President of Burkina Faso, to Judge Mohammed Bedjaoul, - - --
President of the Chauber constituted to deal witl-i th-
----
-ase concerning the Prontier Dispute -----en
Burkina Faso and Mali

[Translation]

Mr . President ,

When the Governments of Burkina Faso and the Republic oE l.i,lli,in
response to their peoples' earnest desire for peace and friendship, submitted
to your distinguished institution the frontier dispute in whiclz tlreir kwo
countries had become engaged, they were pinning more than hope on the

deliberations of the 1.nternational Court of Justice.

Altliough, of course, expecting that this international institution, to
which both States had accorded their recognition and acceptance, would lay
down the law in such a way as to decide between two opposing convictions that

were apparently irreconcilable, in that each defended the sovereignty of a
State, they were also fervently hoping that the Court would contribute to the
reconciliation of two peoples linked by fraternal bonds, wl~ich histo~y and
geography have brought together but which international imperi alisni, by its
sordid manoeuvres, had been able momentarily to put asunder.

Forty months have gone by since that time, and history ilas amply borne
out the conviction that the two Governments were quite right to conclude the
historic compromis of September 1983, as it offered new prospects of genuine
peace to the peoples of blali and Burkina Faso. The war of Christuias 1985

taught wisdom to the Parties and sharpened their hunger for Iriendshi.~,
fraternity and peace.

Mr . President,

The Chamber over ishich you have presided has not betsaycid Lhe trust a~ld
hope which the people of Burkina Paso placed in it, and its ,Judgriicnt nut only
reflects the earnestne,ss with which you took to heart the magriitiid~ of the
task entrusted to you, but also bears witness to your unr~avering dc~L~rrriiiiation
to assist two fraterna.1 peoples tlo turn over a sad page in ttirir 1iisl.ory and

engage themselves resolutely in the noble conbat worthy to be waged - the
struggle for the econornic independence and welfare of peoples. Al tliis
historic moment, the entire people of Burkina Faso, its Ilat-iQnal Couricil of
the Kevolution and its Kevolutionnry Government join with nie i~i olf<iririg ttieir
sincere thanks to al1 i;he judges of the Internatiorial Coiirt ut .Ii:::tiP for
their contribution to ireconciliation between the peoples oi iiur~jlir i41so and

the Kepublic of kali.

1 further avail myself of th-is opportunity to pay tribule> Co ySiu
personally, Plr. President, Ior the unstinting efforts you Lave piAt. fO: ti: in

order to bring the proceedings to this conclusion; the qua1 i ty uL Llic
achievement redounds to your credit. Mr. President ,

1 can assure you that, faithful to the comnitments entered into at the

time of the historic compromis of September 1983, my country, Burkina Faso,
accepts the Judgment delivered by the Court and undertakes to facilitate al1
the procedures required for its implementation. 1 would ask you to be so good
as to reassure the international community regarding Our acceptance of that

decision.
Please accept, Mr. President, the assurance of my highest, fraternal
consideration.
The Fatherland or Death - we shall overcome.

(Signed): Captain Thomas Sankara
President of the National Council of the Revolution
President of the Faso

Head of the Government Annex 2 to Press Communiqué 8711

Message sent on 10 January 1987 to the President of the Chamber
byhe President of the Kepublic of Mali

[Translation]

Dear President,

On 16 September 1983 the Governments of Burkina Faso and Mali freely
chose, by a Special Agreement signed for the purpose, to submit to a
Chamber of the International Court of Justice the frontier dispute
between Our two countries.
In so doing the Malian people and its
leaders, who were alre<ady aware of the relevant provisions of Article 94,
paragraph 1, of the Charter of the United Nations, stated expressly that
they accepted the Chamber's Judgment as final and binding. That
Judgment, delivered on 22 Uecember 1986 by the Chamber of which you were
President, has been gr~eeted in Mali as a proclamation of the law and of

the well-known adherencre of the Malian people to the pacific settlement
of al1 disputes. Hence the Governrnent of Mali, in taking forma1 note of
this verdict of the Chamber, bows to the decision of the International
Court of Justice and assures you that, faithful to the ideals of the
Malian people, it will observe this undertaking also. The Government of
Mali will spare no effort to ensure that, through the force of law, the

fraternal peoples of Burkina Faso and Mali, who have in comnion an
abundant historical inheritance, may make of Our frontier areas zones of
development and peace. This course of action, which reflects the
standing policy of the Malian people to forgo al1 or part of its
sovereignty if African unity so requires, will place on record this

Judgment of 22 Decembeir 1986 as a historical examyle for Africa and for
the international community. This will be the most fitting recompense
for the titanic and praiseworthy efforts which your colleagues of the
Chamber, al1 those who have worked alongside you, and you yourself,
Mr. President, have made over a period of more than 40 months. It will
certainly also be the best way of thanking the Heads of State of friendly

countries and the chief officiais of international organizations - al1
these men of peace who have been unstinting in their efforts to ensure
that this dispute is settled by law.

I assure you of the complete willingness of the Government of Mali

to facilitate the task of the experts, and reiterate my thanks for your
persona1 endeavours and Our congratulations on the service rendered to
Africa by one of its di.stinguished sons.

General Moussa Traoré