1971 Advisory Opinion of the International Court of Justice on Namibia (South West Africa)
| Author | William E. Holder |
| Published date | 01 March 1972 |
| Date | 01 March 1972 |
| DOI | http://doi.org/10.1177/0067205X7200500106 |
| Subject Matter | Comment |
~COMMENT
1971
ADVISORY
OPINION
OF
THE
INTERNATIONAL
COURT
OF
JUSTICE
ON
NAMIBIA
(SOUTH
WEST
AFRICA)
By
WILLIAM
E.
HOLDER
*
On
21
June
1971 the International
Court
of
Justice
pronounced-
for the sixth
time-on
questions relating
to
Namibia.1
Namibia, which still clings to its former
name
of
South West Africa,
lies
on
the west coast
of
Africa between South Africa and Angola.
Before World
War
I
it
had
been a
German
possession. As such, South
\Vest Africa
came
within the policy
of
the victors, which aimed
to
deprive the enemies of their colonial benefits.
At
this time, also, evolved
the idea
that
this deprivation could
be
imposed without annexation
of
the territories,
and
that
independence of the peoples concerned could
eventually
be
achieved.
The
mandate
system provided
the
mechanism. Article
22
of
the
Covenant of the League
of
Nations established the objectives and the
general rights and duties, and resolutions of the League Council con-
tained the terms of each mandate. Thus, for South Africa, the Man-
date for South West Africa was conferred
on
His Britannic Majesty,
to be executed
on
his behalf by the Government
of
the
Union
of South
Africa.
The
League Council,
on
17 December 1920, approved
the
installation of South Africa as the effective mandatory, endorsing
"the
principle
that
the \vell-being and development of such peoples form
a.
sacred trust of civilization".2
The
Second \Vorld
War
disrupted both civilization and the mandate
system.
The
demise
of
the League of Nations brought the birth
of
the
United Nations,
and
with it ane\v system of territorial occupation with-
out annexation.
The
trusteeship system depended
on
express agreements
bet\veen the overlord states and the United Nations. With one exception
all of the mandatory po\vers
(for
those territories \vhich
had
not
yet
reached the stage
of
independence) heeded the call
of
the United
*Senior
Lecturer
in
Law, School
of
General Studies, Australian National
University.
1
Legal
Consequences
for
States
0/
the
Continued
Presence
of
South
A/rica
in Narnibia
(South
West
Africa)
Notwithstanding
Security
Council
Resolution
276
(1970)
(1971)
I.C.I. Reports 16.
The
Court
comprised:
President Sir
Muhammad
Zafrulla Khan, Vice-President Ammoun, Judges Sir
Gerald Fitzmaurice, Padilla Nervo, Forster, Gros, Bengzon, Petren, Lachs,
Onyeama, Dillard, Ignacio-Pinto, de Castro, Morozov
and
Jimenez de Arechaga.
2Art. 22, Covenant
of
the
League
of
Nations.
115
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