The International Court and South West Africa The Implications of the Judgment

Abstract

The international litigation over South West Africa, and the judgment which the International Court of Justice (ICJ) eventually handed down on July 18, 1966, have important implications for both international law and international politics. South West Africa, a former German colony, was placed under mandate at the end of World War I. Ethiopia and Liberia, both former Members of the League, asked the ICJ to confirm that South West Africa is a territory under Mandate; that South Africa retained the obligations under the Mandate and under Article 22 of the League; and that the United Nations was entitled to exercise the supervisory functions of the League in relation to the mandated territory. In addition, the ICJ was invited to go beyond its Advisory Opinions, and to find that South Africa had violated its obligations under the Mandate through, inter alia, introducing apartheid, establishing military bases in South West Africa, and refusing to submit reports and transmit petitions. South Africa denied that the Court had jurisdiction to examine these claims.