§ 40. Mr. Maclennanasked 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 RobertsNo, 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. MaclennanWhat 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. RobertsIt 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. LongdenSeeing 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. RobertsI am not aware that another has been asked of the International Court. I was simply saying that the legal position is at least dubious.