By: Hannah Holmberg, AMUN Staff

Yesterday, Botswana and Namibia presented arguments concerning the legal status and boundary of Kasikili/Sedudu Island. The Chobe River flows between the two countries, and Kasikili/Sedudu Island lies within that river. They disagree as to who retains ownership over the island, as well as what is the boundary channel around it. The parties referred their disagreement to a Joint Team of Experts, who, unable to reach a determination, recommended that Botswana and Namibia refer their case to the International Court of Justice for peaceful resolution. Following this recommendation, the parties entered into a Special Agreement, agreeing to submit their dispute to the Court. Both sides presented oral arguments to the Justices yesterday evening.

Botswana, the Applicant in this case, argued that they retain ownership over Kasikili/Sedudu Island. Additionally, they maintained that the Chobe’s Northern Channel is the boundary for the two countries. To espouse this argument, Botswana relied on the 1890 Anglo-German Treaty’s interpretation of the term thalweg. To them, the thalweg, which would determine the border channel, lies in the Northern Channel. They cited the Northern Channel’s greater depth, width, and easier navigability. Additionally, they mentioned sovereignty and remarked that they did not exercise sovereignty sooner so as to maintain peaceful relations.

As for Namibia, they argued they own Kasikili/Sedudu island and that the Southern Channel demarcates the boundary between the two countries. Namibia relied first on their sovereignty over the island and their longstanding acts of control over the island. Additionally, they mentioned Botswana’s inaction in relation to challenging Namibia’s authority over the island. Then, Namibia outlined their interpretation of the thalweg and the main channel, explaining that the Southern Channel is the only channel where water naturally flows downstream and the Northern Channel is really just a flood plain.

Oral arguments concluded at 8:30 pm yesterday evening. The Justices will deliver their opinion this afternoon, Monday, November 20th, from 12:40 pm to 1:00 pm in the Superior Room. The Opinion Reading is open to all participants.

_{The views and opinions expressed in this article were part of a simulation of the United Nations held from 18 to 21 November 2023 and do not reflect the views and opinions of the American Model United Nations Conference, American Model United Nations International, LLC. or the governing bodies of the states mentioned in the article.}