29 January 1971

 

General List No. 53

 
     

international Court of Justice

     
     
     

Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) Notwithstanding Security Council Resolution 276 (1970)

 

 

 

     
     
 

Order

 
     
  Return Home
 
 
     
     
 
BEFORE: President.: Zafrulla Khan
   
PermaLink: http://www.worldcourts.com/icj/eng/decisions/1971.01.29_namibia.htm
   
Citation:

Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) Notwithstanding Security Council Resolution 276, 1971 I.C.J. 12 (Order of Jan. 29)

 
     
 
 
     
 

[p.12]

The Court,

Composed as above,

After deliberation,

Having regard to Articles 31 and 68 of the Statute of the Court, and to Article 83 of the Rules of Court,

Having regard to the resolution of the Security Council of the United Nations dated 29 July 1970 requesting the International Court of Justice to give an advisory opinion on the following question:

"What are the legal consequences for States of the continued presence of South Africa in Namibia, notwithstanding Security Council resolution 276 (1970)?", [p 13]

Having regard to the written statements filed by the Governments of Czechoslovakia, Finland, France, Hungary, India, the Netherlands, Nigeria, Pakistan, Poland, South Africa, United States of America, Yugoslavia, and by the Secretary-General of the United Nations,

Makes the following Order:

Whereas by a letter from the Secretary for Foreign Affairs to the Registrar dated 13 November 1970, the South African Government made an application for the appointment of a judge ad hoc to sit in the present proceedings, in terms of Article 31, paragraph 2, of the Statute of the Court;
Whereas, in accordance with the terms of Article 46 of the Statute of the Court, the Court decided to hear the contentions of the South African Government, concerning its claim to be entitled to choose a judge ad hoc, in closed hearings by the Court;

Having heard the contentions of the Government of South Africa at a closed hearing held on 27 January 1971, notice of which had been given by the Registrar to those States which had indicated their intention to present oral statements in accordance with Article 66, paragraph 2, of the Statute of the Court;

The Court

Decides, by ten votes to five, to reject the application.

Done in English and in French, the English text being authoritative, at the Peace Palace, The Hague, this twenty-ninth day of January, one thousand nine hundred and seventy-one, in eight copies, of which one will be placed in the Archives of the Court, one will be transmitted to the Secretary-General of the United Nations, and the others will be transmitted to the Governments of the following States, namely: Finland, India, the Netherlands, Nigeria, South Africa, United States of America.

(Signed) Zafrulla Khan,
President.

(Signed) S. Aquarone,
Registrar.

Judges Sir Gerald Fitzmaurice, Gros and Petrén make the following Joint Declaration:

We are unable to concur in the decision to reject embodied in the Order, for reasons which we reserve the right to make known at a later [p 14]opportunity, inasmuch as the present question is, from certain aspects, related to the substance of the matter on which an advisory opinion has been requested of the Court.

Judges Oneyama and Dillard make the following Joint Declaration:

We are unable to concur in the decision of the Court. While we do not think that under Article 83 of the Rules of Court the Republic of South Africa has established the right to designate a judge ad hoc, we are satisfied that the discretionary power vested in the Court under Article 68 of its Statute permits it to approve such designation and that it would have been appropriate to have exercised this discretionary power in view of the special interest of the Republic of South Africa in the question before the Court.

(Initialled) Z.K.

(Initialled) S.A.

 
     

 

 

 

 

African Commission on Human and Peoples' Rights | Central American Court of Justice | Committee Against Torture
Committee on the Elimination of Discrimination against Women | Committee on the Elimination of Racial Discrimination
Economic Court of the Commonwealth of Independent States | International Commissions of Inquiry | International Court of Justice
International Prize Court | Permanent Court of International Justice

 

home | terms & conditions | copyright | about

 

Copyright © 1999-2011 WorldCourts. All rights reserved.