South-West Africa Cases (Ethiopia v. South Africa; Liberia v.

South Africa) Second Phase

July 18, 1966

FACTS
On 4 November 1960, Ethiopia and Liberia, as former States Members of the League of Nations,
instituted separate proceedings against South Africa in a case concerning the continued existence
of the League of Nations Mandate for Southwest Africa and the duties and performance of South
Africa as mandatory Power. The Court was requested to make declarations to the effect that
Southwest Africa remained a territory under a Mandate, that South Africa had been in breach of
its obligations under that Mandate, and that the Mandate and hence the mandatory authority were
subject to the supervision of the United Nations. On 20 May 1961, the Court made an Order finding
Ethiopia and Liberia to be in the same interest and joining the proceedings each had instituted.
South Africa filed four preliminary objections to the Court’s jurisdiction. In a judgment of 21
December 1962, the Court rejected these and upheld its jurisdiction. After pleadings on the merits
had been filed within the time-limits fixed at the request of the Parties, the Court held public
sittings from 15 March to 29 November 1965 to hear oral arguments and testimony, and judgment
in the second phase was given on 18 July 1966. By the casting vote of the President — the votes
having been equally divided (7-7) — the Court found that Ethiopia and Liberia could not be
considered to have established any legal right or interest appertaining to them in the subject-matter
of their claims, and accordingly decided to reject those claims.

ISSUE
Whether Southwest Africa remained a territory under a Mandate, that South Africa had been in
breach of its obligations under that Mandate, and that the Mandate and hence the mandatory
authority were subject to the supervision of the United Nations

RULING
By the casting vote of the President the votes having been equally divided (7-7) the Court found
that Ethiopia and Liberia could not be considered to have established any legal right or interest
appertaining to them in the subject-matter of their claims, and accordingly decided to reject those
claims.

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South-West Africa Cases