HC Deb 01 April 1968 vol 762 cc30-1
40. Mr. Maclennan

asked the Secretary of State for Foreign Affairs if he will take the necessary steps to seek to have the legal status of South-West Africa determined by the International Court of Justice.

Mr. Goronwy Roberts

No, Sir. A reference to the International Court of Justice for an advisory opinion on this matter would need a request from the United Nations General Assembly or the Security Council. It is unlikely that a majority vote for such a move could be obtained in either body.

Mr. Maclennan

What view do Her Majesty's Government take of the extension by the Government of South Africa of their own domestic criminal jurisdiction—of very dubious legality—over the South-West African territory?

Mr. Roberts

It is, as my hon. Friend says, a question of legality. It is at least doubtful whether a reversion of South African rights to administer this territory could legally be made to the United Nations. In the meantime a feasibility study, a study of the position, is being made by Her Majesty's Government. I would hope fairly soon to be able to say something on the question of what precisely are the rights and obligations of the mandated country in regard to this territory.

Mr. Longden

Seeing that a definitive opinion on this matter was delivered by the International Court of Justice as long ago as 1950, why is another one wanted?

Mr. Roberts

I am not aware that another has been asked of the International Court. I was simply saying that the legal position is at least dubious.

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