African Activist Archive

Briefing paper submitted by the American Committee on Africa to the International Court of Justice related to United Nations Security Council resolution 284 (1970) adopted July 29, 1970 seeking an Advisory Opinion on the legal consequences for States of the continued presence of South Africa in Namibia, notwithstanding Security Council resolution 276 (1970). Contents: PURPOSE AND SCOPE OF STATEMENT • Preliminary Assumption • THE NATURE OF THE SOUTH AFRICAN PRESENCE IN NAM4BIA • The Defiance of United Nations Authority • The Denial of Self-Determination • (a) Self-Government • (b) Integration with South Africa • (c) Territorial Integrity • (d) National Unity • Repression of Opponents of the Illegal Regime • LEGAL CONSEQUENCES FOR STATES • Laws and Acts of South African Administration Invalid Schema • Duties of States vis-a-vis the Illegal Regime • Denial of claims to territorial jurisdiction • Denial of claims to legal jurisdiction • Duty not to strengthen de facto control of Namibia • Duty to secure withdrawal of the illegal regime • Duties of States vis-a-vis the Council for Namibia • Duty of recognition • Duty to cooperate with Council • Duty of States vis-a-vis Namibians • Recognition of right to resist personal application of laws • Recognition of right to resist laws relating to property • Duties relating to Claims Derived from Illegal Regime • Claims derived from Judicial acts of the illegal regime • Claims derived from general administrative activities of the illegal regime • Claims derived from specialized administrative functions of particular government agencies • Claims derived from documents emanating from the illegal regime • Duties vis-a-vis Persons Submitting to Jurisdiction of the Illegal Regime • CONCLUSION • NOTES ON CITATIONS TO LAWS • APPENDED MATERIALS • Map of Namibia showing Red Line • Map of South West Africa homeland areas 1963 • Map of South West Africa homeland areas proposed by Odendaal Commission • Map of known mineral deposits in Namibia • Extracts from Odendaal Report • Extract from Wellington, South West Africa and its Human Issues (Oxford 1967)

African Activist Archive

Legal Consequences for South Africa Continued Presence of South Africa in Namibia despite Security Council Resolution 276 (1970)

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