botswana/namibia - Cour international de Justice

launched against Gaborone, the capital city, on June 14, 1985, which resulted in the killing of
twelve innocent people and the destruction of property.
110. As a result of this unprovoked military raid, the United Nations Security Council adopted
Resolution No. 568 (1985) (Botswana Memorial, Annex 49) which condemned the
unprovoked attack against Botswana as an act of aggression, and a violation of its territorial
integrity and national sovereignty. The Resolution also reaffirmed Botswana's right to receive
and give sanctuary to the victims of apartheid in accordance with its traditional practice,
humanitarian principles and international obligations.
111. Again, on 19 May, 1986 helicopters of the South African Air Force attacked the suburbs
of Gaborone, the capital city, killing a school teacher and a footballer in his sleep. They also
attacked the Botswana Defence Force Barracks and injured an unarmed soldier. Similar raids
were launched against Zambia and Zimbabwe on the same day. As a result of this raid, the
Commonwealth Eminent Persons' Group had to cut short its mission to South Africa, which
was intended to facilitate dialogue amongst South African political antagonists.
112. On 14 June 1986, a young woman was shot and killed by two hooded gunmen believed
to be South Africans and, on 1 January 1987, a 72-year old woman was also killed in the
border town of Ramotswa, some 40 kilometres south of Gaborone. The footprints of the
attackers were followed into South Africa. These two incidents left no doubt in the minds of
the people of Botswana as to the military intentions of South Africa.
113. Incidents of military pressure against the people of Botswana continued unabated. On 28
March 1988, three women and a South African refugee were killed in their sleep by a unit of
the South African army. On 20 June 1988 a South African army detachment fired on a
Botswana Police patrol team, injuring three of them 10 kilometres inside Botswana territory.
The South African government initially said their soldiers had exchanged fire in self-defence
along the border, but later admitted that they had been on a reconnaissance patrol inside
Botswana. The Government of Botswana rejected the claim that South Africa had the right to
send patrols into its territory and her position was upheld by the international community
through condemnatory statements, including the Statement issued by the President of the
United Nations Security Council on 24 June 1988: see Botswana Counter-Memorial, Annex
39.
114. One particularly serious incident occurred in October 1984 when a South African
Defence Force gunboat ventured into Botswana territory through the southern channel of the
Chobe River around Kasikili/Sedudu Island. The incident was witnessed by the Botswana
Defence Force anti-poaching patrol team, which is responsible for protecting wildlife against
poachers in the area. When the intruders were warned against violating Botswana territory,
they opened fire. The Botswana side fired back in self-defence, thus forcing the South
Africans to back off. A strong diplomatic protest was communicated immediately by
telephone to the South African Government (Botswana Counter-Memorial, Annex 35).
115. The October 1984 incident epitomised the critical juncture of the dispute. It was as a
result of this incident that a meeting of 19 December 1984 was held in Pretoria, between the
delegations of Botswana and South Africa. The Pretoria meeting produced an Agreement to
establish a Joint Survey Team of Experts to determine the boundary around Kasikili/Sedudu
Island by identifying the major channel between the southern and the northern channel: see
Botswana Memorial, Annex 44.