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Namibia Case

South Africa occupied Namibia claiming a right to annex the territory and that Namibians desired South African rule. However, South Africa was subject to a UN mandate prohibiting occupation of other territories. The UN and Security Council declared South Africa's presence in Namibia illegal and terminated its mandate. The International Court of Justice was asked for an advisory opinion on the matter.

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Pallavi Supehia
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283 views1 page

Namibia Case

South Africa occupied Namibia claiming a right to annex the territory and that Namibians desired South African rule. However, South Africa was subject to a UN mandate prohibiting occupation of other territories. The UN and Security Council declared South Africa's presence in Namibia illegal and terminated its mandate. The International Court of Justice was asked for an advisory opinion on the matter.

Uploaded by

Pallavi Supehia
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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  • Advisory Opinions on Namibia Case: Explores the legal implications and advisory opinions regarding the Namibia case, focusing on international law and the role of the United Nations.

Advisory Opinion on Namibia Case

Under a claim of right to annex the Namibian territory and under the claim that Namibias
nationals desired South Africas (D) rule, South Africa (D) began the occupation of Namibia.
South Africa was subject to a U.N. Mandate prohibiting Member States from taking physical
control of other territories because it was a Member State of the United Nations.
The Resolution 2145 (XXI) terminating the Mandate of South Africa (D) was adopted by the
U.N and the Security Council adopted Resolution 276 (1970) which declared the continuous
presence of South Africa (D) in Namibia as illegal and called upon other Member States to
act accordingly. An advisory opinion was however demanded from the International Court of
Justice.
Under a claim of right to annex the Namibian territory and under the claim that Namibias
nationals desired South Africas (D) rule, South Africa (D) began the occupation of Namibia.
South Africa was subject to a U.N. Mandate prohibiting Member States from taking physical
control of other territories because it was a Member State of the United Nations.
The Resolution 2145 (XXI) terminating the Mandate of South Africa (D) was adopted by the
U.N and the Security Council adopted Resolution 276 (1970) which declared the continuous
presence of South Africa (D) in Namibia as illegal and called upon other Member States to
act accordingly. An advisory opinion was however demanded from the International Court of
Justice.
Member States of the United Nations are bounded by its mandates and violations or breaches
results in a legal obligation on the part of the violator to rectify the violation and upon the
other Member States to recognize the conduct as a violation and to refuse to aid in such
violation.

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