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NATIONAL ASSEMBLY
FOR WRITTEN REPLY
QUESTION NO: 1584 (NW1930E)
PUBLISHED IN INTERNAL QUESTION PAPER NO: 22-2013 OF 21 JUNE 2013
MR A WATSON (DA) TO ASK THE MINISTER OF INTERNATIONAL RELATIONS AND
COOPERATION:
With reference to the reply of the Minister of Justice and Constitutional
Development to question 1210 on 11 June 2013, why has South Africa not made
a declaration under Article 36(2) of the Statute of the International Court
of Justice?
REPLY:
Article 36(2) of the Statute of the International Court of Justice provides
that states parties to the Statute may at any time declare that they
recognise the jurisdiction of the Court as compulsory in relation to any
other state that has also made such a declaration accepting compulsory
jurisdiction, in all legal disputes concerning
(a) the interpretation of a treaty;
(b) any question of international law;
(b) the existence of any fact which, if established, would constitute a
breach of an international obligation; and
(d) the nature and extent of the reparation to be made for the breach of
an international obligation.
In the absence of the acceptance of compulsory jurisdiction by one or both
states to a dispute, such states must by means of an agreement between them
accept the jurisdiction of the Court and then formulate the legal
question(s) for the Court to deliberate on.
One of the principles of South African foreign policy is the promotion of
the international rule of law. As a member state of the United Nations,
South Africa is also a party to the Statute of the International Court of
Justice and has always supported the work of the Court and the peaceful
settlement of disputes between states. South Africa has not accepted the
compulsory jurisdiction of the Court as it is of the view that states
should first attempt to settle disputes with other states by means of
negotiation, and only once such attempts are exhausted, should the parties
to the dispute resort to judicial settlement mechanisms.
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