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U.N. Council for Namibia: Excerpts from Report to General Assembly*

Published online by Cambridge University Press:  20 March 2017

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Type
Reports
Information
International Legal Materials , Volume 11 , Issue 1 , January 1972 , pp. 74 - 83
Copyright
Copyright © American Society of International Law 1972

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Footnotes

*

[Reproduced from U.N. Document A/8424 of October 28, 1971, pp. 31-42.

[U.N. General Assembly Resolutions 2871 and 2872 (XXVI) on Namibia appear at page 220. U.N. General Assembly Resolution 2145 (XXI) appears at 5 I.L.M. 1190 (1966). U.N. Security Council Resolution 276 (1970), 282 (1970), 283 (1970), 284 (1970) and 301 (1971) appear respectively at 10 I.L.M. 295 (1971), 9 I.L.M. 1091 (1970), 9 I.L.M. 1087 (1970), 9 I.L.M. 1090 (1970) and 10 I.L.M. 1296 (1971). Excerpts from the written statements submitted to the I.C.J, in reference to the request for an advisory opinion appear at 10 I.L.M. 295 (1971). The I.C.J. Advisory Opinion on the Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) appears at 10 I.L.M. 677 (1971).]

References

32 For the report of the Ad Hoc Sub-Committee, see document S/10330.

33 On the grounds that, as South Africa had argued in the 1966 South West Africa Cases, (i) it would be necessary to prove that the South African Government had administered the Territory in bad faith in order to establish a breach of its Mandate obligations, and (ii) that the proffered factual evidence was relevant to that issue.

34 Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council resolution 276 (1970), Advisory Opinion of 21 June 1971, I.C.J. Reports 1971, p. 16, paras. 129-131.

35 Ibid., para. 120.

36 Ibid., para. 122.

37 Ibid., para. 123.

38 Ibid., para. 124.

39 Ibid., para. 125.

40 Ibid., para. 120.

41 See paragraphs 175-180 of the present report.