The International Court of Justice referred to the maintenance of an apartheid regime as being a flagrant violation of the purposes and principles of the UN Charter,
Article 22(1) of the Covenant of the League of Nations provided for the grant of mandates for the administration of former colonies and territories ‘which are inhabited by peoples not yet able to stand by themselves under the strenuous conditions of the modern world’. The mandate territory was to be administered on the ‘principle that the wellbeing and development of such peoples form a sacred trust of civilisation.’ ‘Mindful as it is of the primary necessity of interpreting an instrument in accordance with the intentions of the parties at the time of its conclusion, the court is bound to take into account the fact that the concepts embodied in article 22 of the Covenant – ‘the strenuous conditions of the modern world’ and ‘the wellbeing and development’ of the peoples concerned – were not static, but were by definition evolutionary, as also, therefore, was the concept of the ‘sacred trust’. The parties to the Covenant must consequently be deemed to have accepted them as such.’
Citations:
General List No 53, https://www.icj-cij.org/en/case/53
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Al-Jedda v Secretary of State for Defence CA 29-Mar-2006
The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned.
Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights . .
Cited – Reyes v Al-Malki and Another SC 18-Oct-2017
The claimant alleged that she had been discrimated against in her work for the appellant, a member of the diplomatic staff at the Saudi Embassy in London. She now appealed against a decision that the respondent had diplomatic immunity.
Held: . .
Lists of cited by and citing cases may be incomplete.
International
Updated: 14 September 2022; Ref: scu.241306
