south west africa case 1950

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Refuting the contentions of the South African Government and citing its own pronouncements in previous proceedings concerning South West Africa (Advisory Opinions of 1950, 1955 and 1956; Judgment of 1962), the Court Subparagraphs 2 and 3 were adopted by 11 votes to 4. 0000008661 00000 n 0000014540 00000 n The Court goes on to recapitulate the different steps in the subsequent proceedings.The Government of South Africa contended that the Court was not competent to deliver the opinion, because Security Council resolution 284 (1970) was invalid for the following reasons: In the alternative the Government of South Africa maintained that even if the Court had competence it should nevertheless, as a matter of judicial propriety, refuse to give the opinion requested, on account of political pressure to which it was contended, the Court had been or might be subjected. The UN General Assembly asked the Court to advise on the international status of South West Africa (now Namibia). 0000000896 00000 n endobj Delfstofkaart van die Unie van Suid-Afrika." After WWII, the Union of South Africa, alleging that the Mandate it had been given by the League of Nations to administer South West Africa had lapsed, sought the recognition of the United Nations to the integration of the Territory in the Union. 0000004331 00000 n Thus it is for the Security Council to determine any further measures consequent upon the decisions already taken by it. xref Article 24 of the Charter vests in the Security Council the necessary authority. In the view of the Court, the termination of the Mandate and the declaration of the illegality of South Africa's presence in Namibia are opposable to all States in the sense of barring Accordingly, the Court has given the replies reproduced above on page 1.The Government of South Africa had expressed the desire to supply the Court with further factual information concerning the purposes and objectives of its policy of separate development, contending that to establish a breach of its substantive international obligations under the Mandate it would be necessary to prove that South Africa had failed to exercise its powers with a view to promoting the well-being and progress of the inhabitants. 1950 - 1960. Thus the supervisory element, which is an essential part of the Mandate, was bound to survive.

McNair, in a separate opinion, set out how the Court finds and applies general principles of law. 0 In its advisory opinion on the question put by the Security Council of the United Nations, "What are the legal consequences for States of the continued presence of South Africa in Namibia notwithstanding Security Council resolution 276 (1970)?
The Court found that no factual evidence was needed for the purpose of determining whether the policy of apartheid in Namibia was in conformity with the international obligations assumed by South Africa. 'International Status of South West Africa, Advisory Opinion, [1950] l.C.J. 1 Between 1950 and 1956 the International Court of Justice (ICJ) delivered three advisory opinions at the request of the United Nations General Assembly (‘UNGA’ United Nations, General Assembly) dealing with the obligations of the Republic of South Africa under its mandate over the Republic of Namibia, then known as South West Africa (Mandates). 29 January – Jody … <<0E9BA8AB2BACB2110A00D09168F2FC7F>]/Prev 115446>> 1950 Florence Matomela leads an anti-pass demonstration resulting in the burning of passes in Port Elizabeth. �?��eR� �`�1Lf�H�8�x �d`�{ HK�7XD�.nMF����-t7lr�͝�j��Y�р�A�@8�����7Ci��7C � ��^@9���� � >� ,��}X�03ư

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