Legal action to ensure the fulfilment of the obligations assumed by the Union of South Africa in respect of the Territory of South West Africa

XV. RESOLUTIONS ADOPTED ON THE REPORTS OF THE FOURTH COMMITTEE
1565. Legal action to ensure the fulfilment of the obligations assumed by the Union of South Africa in respect of the Territory of South West Africa

The General Assembly, Recalling its resolution 1361 (XIV) of 17 November 1959, in which it drew the attention of Member States to the conclusions of the special report of the Committee on South West Africa[1] concerning the legal action open to Member States to submit to the International Court of Justice any dispute with the Union of South Africa relating to the interpretation or application of the provisions of the Mandate for the Territory of South West Africa, if such dispute cannot be settled by negotiation, Noting with grave concern that the administration of the Territory, in recent years, has been conducted in a manner contrary to the Mandate, the Charter of the United Nations, the Universal Declaration of Human Rights and the resolutions of the General Assembly, including resolution 449 A (V) of 13 December 1950, by which the Assembly accepted the advisory opinion of 11 July 1950 of the International Court of Justice on the question of South West Africa,[2] Noting that all negotiations and efforts on the part of the General Assembly, of its several committees and organs constituted and authorized for this purpose, and of Member States acting through such committees and organs, have failed to bring about compliance on the part of the Government of the Union of South Africa with its obligations under the Mandate, as is evidenced, inter alia, by the following reports of the said committees and organs to the Assembly:

(a) Reports of the Ad Hoc Committee on South West Africa to the General Assembly at its sixth, seventh and eighth sessions,[3]

(b) Reports of the Committee on South West Africa to the General Assembly at its ninth to fifteenth sessions,[4]

(c) Reports of the Good Offices Committee on South West Africa to the General Assembly at its thirteenth and fourteenth sessions,[5]

Noting the aforesaid reports, and in particular the reports of the Committee on South West Africa concerning the failure of negotiations with the Government of the Union of South Africa and the Committee's conclusions that the Union has at all times declined to co-operate in any way with the Committee in the discharge of its functions,

1. Notes with approval the observations of the Committee on South West Africa concerning the administration of the Territory as set out in the Committee's report to the General Assembly at its fifteenth session, and finds that the Government of the Union of South Africa has failed and refused to carry out its obligations under the Mandate for the Territory of South West Africa;

2. Concludes that the dispute which has arisen between Ethiopia, Liberia and other Member States on the one hand, and the Union of South Africa on the other, relating to the interpretation and application of the Mandate has not been and cannot be settled by negotiation;

3. Notes that Ethiopia and Liberia, on 4 November 1960, filed concurrent applications in the International Court of Justice instituting contentious proceedings against the Union of South Africa;

4. Commends the Governments of Ethiopia and Liberia upon their initiative in submitting such dispute to the International Court of Justice for adjudication and declaration in a contentious proceeding in accordance with article 7 of the Mandate.

954th plenary meeting,
18 December 1960.

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[1] Ibid., Twelfth Session, Supplement No. 12A (A/3625). [2] International status of South-West Africa, Advisory Opinion: I.C.J. Reports, 1050, p. 128. [3] Ibid., Sixth Session, Annexes, agenda item 38, documents A/1901 and Add.1-3; ibid., Eighth Session, Annexes, agenda item 36, documents A/2261 and Add.1 and A/2475 and Add.1 and 2. [4] Ibid., Ninth Session, Supplement No. 14 (A/2666 and Corr.1); ibid., Ninth Session, Annexes, agenda item 34, document A/2666/Add.1; ibid., Tenth Session, Supplement No. 12 (A/2913); ibid., Tenth Session, Annexes, agenda item 30, documents A/2913/Add.1 and 2; ibid., Eleventh Session, Supplement No. 12 (A/3151; ibid., Twelfth Session, Supplement No. 12 (A/3626) ; ibid., Thirteenth Session, Supplement No. 12 (A/3906 and Add.1) ; ibid., Fourteenth Session, Supplement No. 12 (A/4191) ; ibid., Fifteenth Session, Supplement No. 12 (A/4464). [5] Ibid., Thirteenth Session, Annexes, agenda item 39, document A/3900; ibid., Fourteenth Session, Annexes, agenda item 38, document A/4224.