South West Africa Cases: Preliminary Objections

ETHIOPIA and Liberia, in applications to the International Court of Justice, alleged that the Union of South Africa [South Africa] has violated Article 22 of the Covenant of the League of Nations and the terms of a Mandate under which it has responsibility for administering the Territory of South West Africa. Specifically the petitioning states charge that South Africa, in administering the territory, has practiced apartheid, has failed to promote to the utmost the material and moral well-being and social progress of the peoples of the territory, and has adopted and applied legislation and regulations which are arbitrary, unreasonable, unjust and detrimental to human dignity. In this suit the petitioners seek to. give legal enforceability to an earlier advisory opinion of the Court which held that South Africa still has its international obligations, as stated in the Covenant and the Mandate, and the United Nations has the authority to exercise the supervisory functions relating to the Mandate.' In its preliminary objections to the applications, South Africa submitted that Ethiopuia and Liberia had no standing in the Court and the Court had no jurisdiction to hear or adjudicate the matter. The Court held, however, that it has jurisdiction to adjudicate the action upon the merits.la