botswana/namibia - Cour international de Justice

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592. Chobe Concessions (Bechuanaland) Ltd.: Approximate delineation of Concession Areas. (Botswana Atlas, Map 15) This map was surveyed and drawn by Silby and Horrell, chartered surveyors, Salisbury, Southern Rhodesia, and dated 28 May 1958. Its purpose was to indicate the main agricultural and grazing concession areas and these are listed in an accompanying note. The map is significant in that the Chobe River is depicted flowing through the northern channel, and no southern channel is shown. The 1960 Bechuanaland Protectorate Map, 1:1,000,000 Directorate of Overseas Survey (Botswana Atlas, Map 16) 593. This map provides yet another contradiction, along with the military Maps of 1903 and 1909, the Von Frankenberg Map of 1912 and several of the Annual Reports Maps of Bechuanaland, of the supposedly "unbroken concordance in the maps of the two parties depicting Kasikili Island as within Namibia". 'Drawn and photographed by DOS from material supplied by the High Commissioner for Basutoland, the Bechuanaland Protectorate, and Swaziland', the sheet indicates the boundary along the northern and western channel of the Chobe. In view of the scale no detail is visible in the vicinity of the island. Bechuanaland Print Laydown 1:125,000 DOS 1964 Sheet 1725C. From photography by Hunting Air Surveys Ltd. June-July 1962 (original available for inspection if required) The 1965 Bechuanaland Map, 1:500,000 DOS 1965 (Botswana Atlas, Map 17) 594. As Rushworth describes it, this map is part of a series at 1:500,000, "covering Botswana, that was intended as a quick compilation, from existing sources, for general use while the planned 1:50,000/1:1,000,000 new mapping cover of the country was completed." It is to be noted that the Botswana series after independence (see para 620 below) showed the boundary in the northern channel and so did the 1965 British Map. It is to be noted that South Africa made no protest to any of these maps. It was compiled from a print laydown (1752C) composed from air photography taken in 1962, which shows a southern channel but this is omitted in the 1965 Map. 595. It is by no means certain and does not follow, as Mr. Rushworth suggests, that a cartographic error caused the placement of the boundary in the northern channel in the printed map. In response to internal departmental enquiries, the Surveyor-General prepared an Opinion of 18th October 1965. That Opinion resulted in a Plan 'traced in the Dept of Surveyor-General from Print Laydown 1725C'which clearly shows the northern channel in blue with the label 'Main channel coloured blue' (Botswana Atlas, Map 18). 596. Thus, as Mr. Rushworth conjectures, it seems Print Laydown 1725C was used in the compilation of the 1965 Bechuanaland map but the depiction of the boundary in the northern channel was not a draughtsman's error but deliberate in execution of the Surveyor-General's Opinion. In accordance with usual practice, the 1965 Map contained a disclaimer: "This map must not be considered an authority on the delimitation of international boundaries". The British Joint Operations Graphic Ground Map 12 July 1968 1:250,000 1968 Sesheke, Zambia; South West Africa; Botswana: S. Rhodesia Produced by the Directorate of
Military Survey, Ministry of Defence: Compiled by Ordnance Survey Series 1501 SE 35-5 Ed-1-GSGS Information current 12 July 1968. (Botswana Supplementary Atlas, Map 7) 597. The island and the two channels are clearly shown with correct orientation and the international boundary, a red line, with a black pecked line in its centre, is drawn along the northern channel. A note states 'This Graphic is not an authority on international boundaries'. Compiled and published under the auspices of the Ministry of Defence, United Kingdom, this map follows in sequence the 1960 and 1965 Bechuanaland Maps and clearly places the boundary in the northern channel. It provides clear evidence that the British authorities throughout the 1960s considered the boundary around the island to follow the northern channel. The disclaimer note follows the usual practice. The British 1968 Joint Operations Graphic Air Map, 1:250,000, 1968, Sesheke, Zambia; South West Africa; Botswana: S. Rhodesia Produced by the Directorate of Military Survey, Ministry of Defence: Compiled by Ordnance Survey Series 1501 Air SE 35-5 1-GSGS. (Botswana Supplementary Atlas, Map 8) 598. This is an identical map to the 1968 Joint Operations Ground Map except that it has air zones entered and the elevation is marked in feet, instead of metres as in the Ground map. The 1968 British Joint Operations Graphic-Ground Map, 1:250,000 Sesheke, Zambia, South West Africa, Botswana, S. Rhodesia. (Botswana Supplementary Atlas, Map 9). 599. This copy of the 1968 Map (reproduced at page 239) is annotated in red to show the limits of the Chobe National Game Park with the boundary running up to the international boundary in the northern channel. The accompanying Kavimba sheet has similarly been annotated. The British Joint Operations Graphic-Ground Map,1;250,000. The 1970 Sheet, Kavimba, Botswana, S. Rhodesia, S.W. Africa. (Botswana Supplementary Atlas, Map 10). 600. This sheet has been annotated in red with the accompanying Sesheke sheet in red to show the limits of the Chobe National Park along the Chobe River. These are based on the 1968 British Joint Operations Ground Map, and both are annotated in red by the Wildlife Department of the Republic of Botswana to show the limits of the Chobe National Park which coincide with the international northern boundary of Botswana and are drawn so as to follow the centre of the northern channel around Kasikili/Sedudu Island. (vi) South African Maps 601. One map in this period is heavily relied upon by Namibia South Africa 1949 Katima Mulilo 1;250,000, (Botswana Atlas, 14) 602. This map was compiled by military cartographers, 45 Company of the South African Engineers, 'the staff of the Trig Survey Office in uniform,' who in the preliminary compilation copied the boundary line from the 1933 Bechuanaland Protectorate Map, and showed it in the south channel. Despite enquiry of the Bechuanaland authorities who gave no authorisation for its placement in the southern channel, the final printed version of the map in 1949 showed the boundary unaltered in the southern channel. To do so was to disregard the response of the
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INTERNATIONAL COURT OF JUSTICE CASE
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10. Secondly: none of the officials
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and cloudy mode of argumentation ad
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commissioned a study of the questio
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"5. Since the attached report was p
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The Report discloses that while the
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more general point of continuity th
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the herds have taken to crossing on
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Secextern would appreciate the seri
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1984) to a decisive resolution of t
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entrepreneur to construct a tourist
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105. The South African regime there
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(F) Boundary Pressures 116. Through
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Africa not to violate her territory
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Secondly: the Namibian Government r
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"The dispute concerns the reach of
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(i) The Intergovernmental Agreement
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161. Earlier in the present chapter
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demonstrated in Chapter 9, the lega
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182. The cardboard character of the
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194. The preparatory work of the An
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204. In the Joint Report itself the
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213. Thus the South African letter
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223. The first of these is an absen
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para. 169) went on to refer to the
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(c) any relevant rules of internati
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256. The key passages in his Report
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partisan approach is characterised
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the River Rovuma in Article I(2) an
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282. This statement is somewhat con
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plain and its greater depth must re
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303. The Namibian Memorial exhibits
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to sidestep these inconvenient fact
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unsubstantiated thesis that Botswan
Page 69 and 70: (Goudie. ed.; The Encyclopaedic Dic
Page 71 and 72: "Representatives of the two nationa
Page 73 and 74: (v) The mud-peat deposits in the ar
Page 75 and 76: [6. Selous' more contemporary accou
Page 77 and 78: German Agreement of 1890. The Cuand
Page 79 and 80: 372. The shape of the southern chan
Page 81 and 82: 382. When a river channel bifurcate
Page 83 and 84: [8. List of Air-Photographs reviewe
Page 85 and 86: 402. The marked stand of big hardwo
Page 87 and 88: G28 - 1947 aerial photograph with l
Page 89 and 90: 421. This photograph is part of a s
Page 91 and 92: Nambian Memorial (p.56,paragraph 15
Page 93 and 94: 449. Three bands were chosen for th
Page 95 and 96: (c) That there is flow at all seaso
Page 97 and 98: 466. It is clear that, even if the
Page 99 and 100: "Yes, because when you build a hous
Page 101 and 102: 493. On the possibility of burial o
Page 103 and 104: 515. Julius Mundia gave evidence to
Page 105 and 106: Mubukwani and then only the boys us
Page 107 and 108: scientific evidence, in which case
Page 109 and 110: 546. Even if these maps and plans w
Page 111 and 112: 552. Upon appropriate analysis, it
Page 113 and 114: 561. At paragraphs 294 to 296 the B
Page 115 and 116: [9 Captain Eason was not Assistant
Page 117 and 118: 579. From the first moment when the
Page 119: 589. This sketch map includes the i
Page 123 and 124: a line running parallel to the nort
Page 125 and 126: 616. The map is annotated in red in
Page 127 and 128: depicted along the boundary. Inexac
Page 129 and 130: Botswana and the Caprivi Zipfel to
Page 131 and 132: 643. VIII. As regards the 1949 Sout
Page 133 and 134: 24. Joint Operations Graphic Ground
Page 135 and 136: (b) as regards notification when th
Page 137 and 138: the exercise of sovereign rights ei
Page 139 and 140: 670. The primary legal condition fo
Page 141 and 142: (iii) The Alleged Authority of the
Page 143 and 144: Schuckmannsburg to pay it. (footnot
Page 145 and 146: invoked on the basis that it pre-da
Page 147 and 148: 712. The second solution is as foll
Page 149 and 150: particular, there is no evidence to
Page 151 and 152: 737. The episode as a whole provide
Page 153 and 154: "3. There is no doubt that if the w
Page 155 and 156: "Although this action seemed to imp
Page 157 and 158: 761. This correspondence at the int
Page 159 and 160: 771. Map evidence prior to 1965 is
Page 161 and 162: - From the time of Botswana's indep
Page 163 and 164: "The Court is asked to determine ..
Page 165: (signed) Abednego Batshani Tafa, De
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botswana/namibia - Cour international de Justice

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