053- Legal Consequences for States of the Continued Presence of in Namibia with respect of Resolution 276

On October 27th, 1966, the General Assembly of the UN decided that the mandate for South West Africa had ended and that South Africa had no other right to administer the Territory. In 1969, the Security Council called upon the Government of South Africa to immediately withdraw its administration from that Territory.

On July 29th, 1970, the UN body decided to request an advisory opinion from the International Court of Justice (ICJ) on the legal consequences for States of South Africa’s continued presence in Namibia. On June 21st, 1971, the Court expressed the opinion that South Africa’s continued presence in Namibia was illegal and that South Africa had an obligation to immediately withdraw its administration. It said that States Members of the United Nations had an obligation to recognize the illegality of such presence and the lack of validity of the measures taken by or in respect of Namibia, and to refrain from any acts that would imply recognition of the legality of such presence and administration or constitute assistance in that regard. Finally, it stated that it was the incumbent upon non-Member States of the United Nations to assist in the action undertaken by the United Nations with regard to Namibia.

Advisory Opinion of 21-06-1971.pdf

This summary is provided for informational purposes only, does not involve the responsibility of Dome and should in no way be used as a substitute for a careful reading of the judgment and order of the case.