Kasikili/Sedudu Island (Botswana/Namibia) - Court to deliver its Judgment on Monday 13 December 1999

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. 99/51
7 December 1999

Kasikili/SeduduIsland (Botswana/Namibia)

Court to deliver its Judgmenton Mondav 13 December 1999

THE HAGUE, 7 December 1999. The International Court of Justice (ICJ) will deliver its
Judgment in the case conceming Kasikili/Sedudu Island CBotswana/Namibia) on Monday
13 December 1999.

A public sitting will take place at 10.00 a.m. in the Peace Palace in The Hague during which
the President of the Court, Judge Stephen M. Schwebel, will read the Court's decision.

The Parties have requested the Court "to determine the boundary between Botswana and
Namibia around Kasikili/SeduduIsland and the legal status of the island" situated in the
Chobe River. They presented their arguments in writing, and also at public hearings held between
15 February and 5 March 1999.

Background information

On 29 May 1996 the Government of the Republic of Botswana and the Government of the
RepublicofNamibiajointly notified to the Registrar of the Court a Special Agreement between the
• two States signed at Gaborone (Botswana) on 15 February 1996, which came înto force on
15 May 1996, for the submission to the Court of the dispute 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 on their
respective spheres of influence, 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 of Technical
Experts recommended "recourse to the peaceful seulement of the dispute on the basis of the
applicable rules and principles of international law".
•1
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". - 2 -

Under the terms of the Special Agreement, the Parties asked the Court to "determine, on the
basisof the Anglo-Gennan Treaty of 1 July 1890 and the rules and principles of international law,
the boundary between Namibia and Botswana around Kasikilî/Sedudu Island and the iegal status
of the island".

By an Order of 24 June 1996, the Court fixed 28 February 1997 as the time-limit for the
filingf a Memorial by each of the Parties and 28 November 1997 as the time-limit for the filing
of their Counter-Memorials.These written pleadings were duly filed by Botswana and Namibia
within the time-limits fixed.

8y 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 were duly filedy both 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, Netherlands. Mobile telephonesand 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. Thè tables reserved for them are situated on the far left of the
public entrancef 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 Informationice (see
paragraph 8).

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

S. At the end of the sitting, a press release, a summary of the Judgment and its full te•t will
be distributed in the Press Room.

6. Ail the above-mentioned documents will be simultaneously available on the Website ofthe
Court (http://www.icj-cij.org).

7. Members of the Press who wish to make telephone calls may use the phone located in the
Press Room for collect calls or the public telephones in the Post Office in the basement of the Peace
Palace.

8. Mr. Arthur Witteveen, First Secretary of the Court (tel+ 31 70 302 2336), and
Mrs. Laurence Blairon, Informationfficer (te+:31 70 302 2337), are available to deal with any
requests for information and for making arrangements for television coverage.