Kasikili/Sedudu Island (Botswana/Namibia) - Fixing of a time-limit for the filing of further written pleadings

INTERNATIONAL COURTOFJUSTICE
Peace Palace, 2517 KJ The Hague. Tel.(31-70-302 23 23). Cables: Intercourt, The Hague.
Telefax (31-70-364 99 28). Telex 32323. Internet address : http: Il www.icj-cij.org

Communiqué

unofficial
for immediate release

No. 98/6
27 February 1998

Case concerning Kasikili/Sedudu Island (Botswana/Namibia)
Fixing of a time-limit for the fili~g
of further written pleadings

THE HAGUE, 27 February 1998. The International Court of Justice (ICJ) fixed today a
time-limit for the filing of further written pleadings in the case conceming
Kasiki1i/Sedudu Island (Botswana/Nam ibia).

The filing offurther written pleadings bad been requested by thein ajoint letter dated

16February 1998. The request was based on the Special Agreement of 1996 whereby Botswana
and Namibia submitted ta the Court the dispute between them conceming the boundary around
Kasikili/Sedudu Island and the legal statushe island.

Article II (2) (c) ofthat Special Agreement provides that the written pleadings shall include,
in addition to the Memorials and Counter-Memorials submitted by each Party, "such
other . . . pleadings as may be approved by the Court at the request of either of the Parties, or as
may be directed by the Court".

By an Order dated 24 June 1996, the Court bad fixed 28 February 1997 as the time-limit for
the filing of a Memorial by each of the Parties and 28 November 1997 as the time-lim it for the
filing of a Counter-Memorial by each ofthe Parties. These written pleadings have been duly filed
by Botswana and Namibia within the time-1imits fixed.

By today's Order, the Court fixed 27 November 1998 as the time-limit for the filing of a
Reply by each of the Parties, taking into account the agreement between the Parties.

The subsequent procedure has been reserved for further decision.

History of the dispute

On 29 May 1996 the Govemment of the Republic of Botswana and the Government of the
Republic ofNamibia notifiedjointly to the Registrar ofthe Court a Special Agreement between the

two States signed at Gaborone (Botswana) on 15 February 1996 and which came into force on
15 May 1996,for the submission to the Court of the dispute existing between them conceming the
boundary around Kasikili/Sedudu island and the legal status of the island. - 2 -

The Special Agreement refers to a Treaty between Great Britain and Germany 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 Botswana 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 settlement ofthe dispute on the basis of the applicable rules
and principles of international law".

At the Summit Meeting held in Harare, Zimbabwe, on 15 February 1995, President Masire
of Botswana and President Nujoma ofNamibia agreed "to submit the dispute to the International

Court of Justice for a final and binding determination".

Under the terms of the Special Agreement, the Parties asked the Court to "determine, on the
basis of the Anglo-German Treaty of l July 1890 and the rules and principles of international law,

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

Website address of the Court: http://www.icj-cij.org

Information Office:
Mr. Arthur Witteveen, Secretary of the Court (tel: 31-70 302 2336)
Mrs. Laurence Blairon, Information Officer (tel: 31-70 302 2337)