grant violation of the purporis and principles of the Charter
of the United Nations.
The Government of Sou~thAfrica had also submitted a
request that a plebiscite should be held in the Territory of
Namibia under the joint supervision of the Court and the
Government of South Africa. The Court having concluded
that no further evidence was required, that the Mandate had
been validly terminated ar~dthat in con!requf:nce South
Africa's presence in Namibia was illegal and its acts on
behalf of or concerning Namibia illegal and invalid, it was
not able to entertain this proposal.
By a letter of 14 May 1971 the President ir~forniedthe representatives of the States and organizations which had participated in the oral proceedings that the Court had decided
not to accede to the two above-mentioned requests.
.ANDSEPARATE OR
DECLARATION
DISSENTING OPINIONS
Subparagraph 1 of the operative clause of the Advisory
Opinion (illegality of the ]presence of South Africa in
Namibia-see page 1 of this Communiqd) was adopted by
13 votes to 2. Subparagraphs 2 and 3 were adopted by 11
votes to 4.
Judge Sir Gerald Fitzmaurice (dissenting opinion) considers that the Mandate was not validly revoked, that the Mandatory is still subject to the obligations of the Mandate whatever these may be, and that States Members of the United
Nations are bound to respect the position unless and until it is
changed by lawful means.
Judge Gros (dissentingopinion) disagrees with the Court's
conclusions as to the legal validity and effects of General
Assembly resolution 2145 (XXI),but considers that South
Africa ought to agree to negotiate on the conversion of the
Mandate into a United Nations trusteeship.
Judges Pe&n and Onyeama (separate opinions) voted for
subparagraph 1 of the operative clause but against subparagraphs 2 and 3, which in their view ascribe too broad a scope
to the effects of non-recognition.
Judge Dillard (separate opinion), concurring in the operative clause, adds certain mainly cautionary comments on
subpariigraph 2.
Judges Sir Gerald Fitzmaurice, Gros, Petdn, Onyeama
and Dillard also criticize certain decisions en by the Court
with re;ference to its composition.
The President (declaration) and Judges Padilla Newo and
de Caslro (separate opinions) accept the operative clause in
full.
The Vice-President (separate opinion), while sharing the
views expressed in the Advisory Opinion, considers that the
operative clause is not sufficiently explicit 01- decisive.