Botswana and Namibia bring a case before the Court

INTERNATIONAL COURT OF JUSTICE

Peace Palace. 2517 KJ The Hague. Tel{070-302 23 23).Cables: Intercourt. The Hague.

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Communiqué
unofficial

for immediate release

No. 96/19
30 May 1996

Botswana and Namibia
bring a case before· the Court

The followmg information is communîcated to the Press by the Registry of the International
Court of Justice:

On 29 May 1996 the Government of the Republic of Botswana and the Government Of the
Republic of Namibia notified jointly to the Registrar of the Court a Special Agreement which was
signed between them on 15 February 1996 and entered into force on 15 May 1996, for the

submission to the Court of the dispute existing between them concerning the boundary around
Kasikili/Sedudu Island and the legal status of that island.

The Special Agreement refers to a Treal:)' between Great Britain and Gennany respecting the
spheres of influence of the two countries, signed on 1 July 1890, and to the appointment, on

24 May· 1992, of a Joint Team of Technical Experts "to determine the boundary between Namibia
and Bots\vana around Kasikili/Sedudu Island" on the basis of that Treaty and of the applicable
principles of international law. Unable to reach a conclusion on the question the Joint Team of

Technical Experts recommended "recourse to the peaceful scttlement of thedispute on the basis of
the applicable rules and_principles of internationallaw".

At the Sum rnit Meeting held in Harare, Zimbabwe, on 15 February 1995. President Masîre
of Botswana and President Nujoma of Namibia agreed "to subm it the dispute to the International

Court of Justice for a fmal and binding detennination".

In Article I of the Special Agreement:

"The Court isasked to determine, on the basis of the Anglo-Gerntan}' Treal}' of
lst July 1890 and the ru\es and principles of internationallaw, the boundary between

Namibia and Botswana around Kasikili/Sedudu Island and the legal status of the
island."

Article IX of the Special Agreement further provides:

"1. The judgment of the Court on the dispute described in Article Ishall be final and

binding on the Parties.

2. As saon as possible after the delivef)·' of the Court'sjudgm ent, the Parties shall
take steps necessary to carry out the judgment."