Kasikili/Sedudu Island (Botswana/Namibia) - Hearings to open on 15 February 1999 on the merits of the case

INTERNATIONAL COURT OF JUSTICE
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: www.icj-cij.org

Communiqué
unofficial
forimmediaterelease

No. 99/2
10 February 1999

Kasikili/Sedudu Island CBotswana/Namibia)

Hearings to open on 15 February 1999 on the merits of the case

THE HAGUE, 10 February 1999. Hearings in the case concerning Kasikili/Sedudu lsland
{Botswana!Namibial will openon Monday 15 February 1999 at 10 a.m. before the International
Court of Justice (ICJ), the principal judicial organ of the United Nations.

The hearings, which willlast until Friday 5 March 1999, will be concerned with the merits
of the case.

The programme is the following:

First round of pleadings

Monday 15 February to Thursday 18 February: Namibia
Monday 22 February to Thursday 25 February: Botswana

Second round of pleadings

Monday 1 March and Tuesday 2 March: Namibia

Thursday 4 March and Friday5 March: Botswana

Ali sîttîngs will take place from 10 a.m. to 1 p.m., subject to possible changes wîth regard
to the second round of pleadings.

The delegation from Botswana will be led by Mr. Abednego Batshani Tafa, Advocate of the
High Court and Courtof Appeal, Deputy Attorney-General, Agent. The delegation from Narnibia
will be leby Dr. Albert Kawana, Permanent Secretary of the Ministry of Justice, Agent.

Background information

On 29 May 1996 the Govemment of the Republic of Botswana and the Govemment of the
Republic ofN amibia notified joint!y to the Registrar of the Court a Special Agreement between the
two States signed at Gaborone (Botswana) on 15 February 1996, 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.

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. Finding themselves unable to reach agreement on the question, the Joint Team ofTechnical
Experts recommended "recourse to the peaceful settlement of the 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 of Namibia agreed "to submit the dispute to the International
Court of Justice for a final and binding determination".

Under the tenns of the Special Agreement, the Parties asked the Court to "determine, on the
basis of the Anglo·German Treaty of 1 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".

By an Order of 24 June 1996, the Court 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·limit for the filing
of a Counter·Memorial by each of the Parties. These written pleadings have been duly filed by
Botswana and Namibia within the time§Iimits fixed.

By an Order of 27 February 1998, the Court, taking into account the agreement between the

Parties, fixed 27 November 1998 as the time·limit for the filing of their respective Replies. These
Replies have been duly filed by bath Parties.

*

NOTE FOR THE PRESS

1. The public hearings will be held in the Great Hall of Justice of the Peace Palace in
The Hague, the Netherlands. Mobile telephones and beepers are allowed in the courtroom provided
they are turned off or set on silent mode. Any offending deviee will be temporarily retained.

2. Members of the Press will be entitled to attend on presentation of an admission card, which
may be obtained upon application. The tables reserved for them are situated on the far left of the
public entrance of the courtroom.

3. Photographs may be taken for a few minutes at the opening and at the end of the hearings.
Television crews may film, but advance notice should be given to the Information Office (see •
paragraph 7).

4. In thePress Room, located on the ground floor of the Peace Palace (Room 5), the Court's
proceedings will be relayed through a loudspeaker.

5. The verbatim records of the hearings will be available on a daily basis on the website of
the Court (http://www.icj-cij.org).

6. Members of the Press who wish to make telephone caUs may use the phone located in the
Press Room (for calls in the Netherlands and collect calls) or the public telephones in the Post
Office in the basement of the Peace Palace.

7. Mr. Arthur Witteveen, Secretary of the Court (tel: 31-70-302 2336), and
Mrs. Laurence Blairon, Information Officer (tel: 31-70-302 2337), are available to deal with any
requests for information and for making arrangements for television coverage.