botswana/namibia - Cour international de Justice

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It omits however to note that both before and after the independence of Botswana on the 30th September 1966, maps had been published showing the correct location of the boundary in the northern channel. The British authorities had published their own 1960 and 1965 Bechuanaland Protectorate Maps, and the 1968 Joint Operations Ground and Air Maps, and after independence Botswana published the 1;50,000 and 1:1,000,000 series of its territory in several editions. All these maps showed the boundary in the northern channel of the Chobe River. 613. No protest on behalf of South Africa is on record relating to any of these maps.18 Further, her own Defence Forces over a period of ten years issued two maps which clearly located the boundary in the northern channel. These were the JARIC Map 1978 (Botswana Atlas, Map 22) and the 1984 Military Map: see paragraphs 616 to 619 below. [18 At page 46 of his Report Mr. Rushworth refers to a map of district boundaries of 1957(serial 27) and a Water development Scheme Map of 1963 (serial 28); the first map was prepared by officials for departmental use only, the second by a Consultancy non-resident in Bechuanaland; both appear to have relied on the 1933 map and therefore repeated its errors; neither the officials nor the Consultancy had authority or competence to deal with international boundaries.] The JARIC (Joint Air Reconnaissance Intelligence Centre) Map 1978. (Botswana Atlas, Map 22). 614. The map forms part of a series primarily of the Eastern Caprivi Strip, and its production clearly reflects the need for accurate maps of this remote region by reason of the intensification of the activities of SWAPO in the Caprivi Strip. It was produced by the cartographic unit of the South African Defence Force, fully plotted from air photography taken by the South African Air Force in 1977 in accordance with a Working Plan (Botswana Supplementary Atlas Map 23, and accompanying Report: Annex 32.) It shows the boundary in the northern channel of the Chobe. An extract of this map is reproduced at page 245, together with an extract from the Flight Plan at page 246. Map of South West Africa, 1982, 1:50,000 1982 Sheet No. 1725 CC.(Namibian Atlas XIII) 615. This map is the civilian version of the 1984 Military Map (see below) and no boundary is shown in the Chobe River. Namibia's use of this map in its Memorial provides a further example of misleading enlargement, whereby the omission of information present on the full scale map gives a false impression.19 [19 In the correctly-sized map (Atlas XIII of the Namibian Memorial) the reference shows that international boundaries are indicated by a black dash-dot line, although no boundary is in fact indicated on the map. In the Extract of the same map printed as figure 5 at page 20 of the Namibian Memorial, the reference key is omitted; and no black dash-dot line is shown anywhere dividing SW Africa from Botswana; the viewer's attention instead being drawn to the darker brown colouring that shades the Chobe Ridge and the south bank of the river along and beyond Commissioner's Kop. When read with the text in the Namibian Memorial:- "Thus this conspicuous geographical feature divided two distinctive patterns of terrain and was an obvious marker for the boundary between the two spheres of interest as well". (Para.17, see also para.116), this Extract seeks to convey the impression that the boundary is depicted at the point where the colouring on the map changes.] Military Intelligence Map 1984 1:50,000, an updated annotation of the 3rd edition in full colour of S Africa 1982 1725 CC map, (Botswana Supplementary Atlas, Map 15)
616. The map is annotated in red ink in Afrikaans "Opdatering gedoen deur 47 Opmetings Eskadron Opdatering Sept 83 - Jan 84" This translates into English as "Updated by the 47th Survey Squadron Sept 83 - Jan 84". 617. The map is a restricted issue and was produced by the South African Military Intelligence during the height of the war against the Swapo Freedom fighters in the Eastern Caprivi. It is heavily annotated with additional information not given on the civilian issue, such as stores, schools, clinics and the names of village headmen. G41 - Extract from Caprivi, 1:100,000, 1974, Joint Air Reconnaissance Intelligence Centre (JARIC) Map (Map 22 in Botswana Atlas) G41a - Extract from Flight Plan, 21 July, 1977 for Joint Air Reconnaissance Intelligence Centre (JARIC) Map 1:561,000 approximate, 1978 (Map 26 in Supplementary Atlas) G42 - Extract from South West Africa, Sheet 1725CC, 1:50,000, updated and annotated in red 1984, 3rd edition, Military Intelligence Map, Director of Surveys and Mapping, South Africa (Map 15 in Supplementary Atlas) 618. This map is a modern fully controlled map produced by the National Mapping Agency as a definitive medium scale map of the Eastern Caprivi. Whereas the civilian version of the map does not show any boundary symbol in the Chobe River, this military edition clearly shows the international boundary passing through the northern and western channels around Kasikili/Sedudu Island. In addition, the boundary symbol is annotated in capital letters as "SWA/Botswana Grens". "Grens" is the Afrikaans word for "Boundary". There is no boundary disclaimer clause on this map and therefore the depiction of the boundary around Kasikili/Sedudu Island indicates that, in the eyes of the South African Military authorities, the Island falls wholly within Botswana. An extract from this map showing the annotations in red appears at page 247. 619. This map and the earlier JARIC map are two military maps prepared at a time when in the words of the Namibian Memorial (p.114, para.281), 'the whole of the Caprivi strip was a war zone under the control of the enemy, South Africa, in the struggle for Namibian independence' and constitute clear 'admissions against interest' that the international boundary lay in the northern channel. Surely, if there was ever a time when South Africa as the de facto power could ' improve 'upon its previous title was at this time of civil conflict; yet twice over a period of ten years official maps were published placing the boundary in the channel to the north of the island. (viii) Botswana's Maps published after its independence in 1966. 620. On all the Botswana maps, the boundary was drawn, as in the 1960 and 1965 maps of the Bechuanaland Protectorate, in the northern channel of the Chobe River in the vicinity of the Island. Republic of Botswana 1;50,000, 1974. Sheet 1752 C3 and Part C4, Edition 1. Compiled and drawn by the Department of Surveys and Lands. Printed by Government printer. Air Photography by Huntings 1972. (Botswana Supplementary Atlas, Map 11). Botswana 1:50,000, 1977, Edition 2, (Botswana Supplementary Atlas, Map 14)
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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
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(Goudie. ed.; The Encyclopaedic Dic
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"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 and 120: 589. This sketch map includes the i
Page 121 and 122: Military Survey, Ministry of Defenc
Page 123: a line running parallel to the nort
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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