The Legal Case against the Occupation of Namibia by South Africa

by Elizabeth S. Landis
New York, New York, United States
January 31, 1986
15 pages
Type: Conference Presentation
Coverage in Africa: Angola, Namibia, South Africa
Coverage outside Africa: Cuba, Europe, United Nations
Language: English
Contents: Historical background • Revocation of the mandate • Effect of resolution 2145 • Derivation of the authority of the Council for Namibia • (1) The mandate was revocable • (2) The General Assembly could revoke the mandate • (3) The General Assembly revoked the mandate for good cause • (4) The Council for Namibia lawfully assumed authority over the Territory • The illegal occupation • Conclusion • Notes • Paper presented to the UN Regional Seminar on the Political and Legal Status of Namibia, Atlanta, Georgia.  Landis says this year marks two-thirds of a century of South African rule in Namibia, of which the last two decades have been an illegal occupation, in contravention of international law. The paper discusses General Assembly resolution 2145 (XXI) (1966), Walvis Bay, the Cape Colony, the Union of South Africa, Germany, colonies, mandated territories, the League of Nations, sacred trust of civilization, social progress, the Permanent Court of Justice, World War II, the UN Trusteeship System, the apartheid system, the Territory's international status, negotiation, persuasion,  condemnation, appeals to the World Court, Ethiopia, Liberia, a Commissioner for Namibia, the International Court of Justice (ICJ), the Versailles Conference, human rights, fundamental freedoms, the Vienna Convention on the Law of Treaties, Security Council resolution 276 (1970), the UN Charter, the dissolution of the Portuguese colonial empire, the Turnhalle conference, SWAPO (South West Africa People's Organization), the Western Permanent Members of the Security Council, sanctions, resolution 385, West Germany, the Contact Group, UN monitoring, an election, the State President, an Administrator-General, the International Community, the Democratic Turnhalle Alliance (DTA), a free and fair election, a constitution, Cuban troops protecting Angola against South African aggression, "linkage," Jonas Savimbi, the Multi-Party Conference (MPC), South African security forces, sovereign power, Covenant of the League of Nations, the South West Africa Railways and Harbours Act, the Permanent Mandates Commission, racial discrimination, the Commission on Inquiry into South West African Affairs, the South African Parliament, the Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), the African National Congress (ANC), liberation movements, and the Peoples' Liberation Army of Namibia (PLAN).
Used by permission of Elizabeth S. Landis.
Collection: Elizabeth S. Landis collection, National Archives of Namibia