ICJ The South West Africa cases (Ethiopia v. South Africa; Liberia v. South Africa), which relate to the continued existence of the Mandate for South West Africa and the duties and performance of South Africa as Mandatory thereunder, were instituted by Applications of the Governments of Ethiopia and Liberia filed in the Registry on 4 November 1960. By an Order of 20 May 1961 the Court joined the proceedings in the two cases. The Government of South Africa raised preliminary objections to the Court’s proceeding to hear the merits of the case, but these were dismissed by the Court on 21 December 1962, the Court finding that it had jurisdiction to adjudicate upon the merits of the dispute.
In its Judgment on the second phase of the cases the Court, by the President’s casting vote, the votes being equally divided (seven-seven), found that the Applicant States could not be considered to have established any legal right or interest in the subject matter of their claims and accordingly decided to reject them.
‘we consider that the norm of non-discrimination or non-separation on the basis of race has become a rule of customary international law . . .’
Citations:
[1966] ICJ Rep 6, 293
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others HL 9-Dec-2004
Extension oh Human Rights Beyond Borders
The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than . .
Lists of cited by and citing cases may be incomplete.
International
Updated: 12 April 2022; Ref: scu.220681