Kasikili

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Kasikili or Sedudu is an island in Cuando on the border between Namibia and Botswana, near the town of Kasane in Botswana. The island was the subject of a territorial dispute between the two countries, which was regulated by the International Court of Justice in favor of Botswana 1999. Kasikili is the Namibian name, Sedudu of Botswana for the island, which occupies an area of ​​about 5 sq. km. There are no permanent residents, because every year, the island is flooded for several months by the floods, beginning around March.

Territory dispute

The point of contention between the two states based on the contents of a contract that was entered into on July 1, 1890 between the United Kingdom and the German Empire, and in which they laid down the limits of their respective spheres of influence in Africa. The areas that now form Namibia and Botswana were then German or British.

1996 achieved Namibia and Botswana, a special agreement, in which they agreed to take the case to the International Court of Justice. In the terms of the agreement, the two countries asked the International Court of Justice, "on the basis of the Anglo - German Treaty of 1 July 1890, the rules and principles of international law, the border between Namibia and Botswana around Kasikili / Seduku and the legal status of island set ".

The decision of the International Court of Justice

According to the content of the Treaty of 1890, the German Empire and the United Kingdom placed the limit of their spheres of interest on the main run of the Cuando. The real dispute between the countries concerned the location of this main arm; Namibia claimed that he is proceeding south and Botswana held fast to the opinion that he is proceeding north of the island. Since the Treaty of 1890 did not define the main arm, the Court had to decide which was the main run of the Cuando around the island.

For this purpose, the Court drew the depth and the width of the two arms into consideration also the volume of water that flowed per arm, the profile of the river bed and the navigability of the river. After all the measurements were made, the Court ruled that " are considered the northern arm of the Cuandoflusses to Kasikili / Sedudu as the main run must ".

The Court stated that he had no conclusions from maps can drag; this " considering the non-existence of a map in the official intentions of the two parties are shown by the Treaty of 1890" and " because of the uncertainty and inconsistency " of the cards provided by Botswana and Namibia.

The Court also drew Namibia alternative argument in mind that Namibia and its predecessors were entitled to the island because they had exercised the unlimited jurisdiction on the island since the beginning of the century; this. fully conscious and full acceptance by the authorities of Botswana and its predecessors The court found that the Masubia from the Namibian Caprivi Strip indeed use the island for many years, but were to do so, first irregularly and according to the seasonal characteristics, and second only to agriculturally purposes without established that they embodied the state authorities. Therefore, the Court rejected this argument.

After it was found that the boundary between Botswana and Namibia to Kasikili / Sedudu the line of deepest sounding followed in the north arm of the Cuando and that the island would be part of the territory of Botswana in the future, the Court recalled that the two states, according to the content had committed to an agreement dated May 1992 ( " Kasane Communiqué " ) to allow unimpeded shipping for all vehicles in the streams around the island.