A/43/PV.91 General Assembly
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UN procedural rules
Voting and ballot procedures
15. EIECl'mr-s 'ID FILL VACANCIES IN RUNCIPAL ORGANS (c) EIECl'IDN OF A MEMBJiR OF Tm mTERNATmNAL mmT OF JUSTICE (1) MIMORANDtM BY THE SECllET1lRY-GENJiRAL (A/43/l00l) (H) LIST OF CANDIDATES (A/43/l002 and Add.l, A/43/1006) (Ui) CURRIWLA vrrAE (A/43/l003) The PRESIDENT (interpretation from Spanish) I Pursuant to the decision taken by the Assembly at its 85th plenary m~eting and in accordance with Security Council resolution 627 (1989), adopted by the Council on 9 January 1989, the General Assembly will proceed this morning to the election of a member of the International Court of Justice for trte unexpired term of office of the deceased Judge Nagendra Singh of India. In connection with the election, I should like to bring the following matters to the attention of the members of the General Assembly: First, in accordance with General Assembly resolution 264 (Ill), a State which is a party to the Statute of the International Court of Justice but not a Member of the Uni ted Nations may participate in the election in the General Assembly of members of the Court in the same manner as the States Members of the United Nations. Liechtenstein, Nauru, San Marino and Swi tzerland will thus participate in the election. On this Occasion I a,m happy to welcome here the representatives of Liechtenstein, Nauru, San Marino and Switzerland. Secondly, I should like to draw the attention of the Assembly to the documents relating to the election. The Assembly has before it: document A/43/1001, which has been reissued for technical reasons and which contains a memorandum by the &!cre tary -General on the present composi tion of the Court and the procedure to be followed in the General Assembly and in the Security Council in regard to the election) document A/43/1002and Md.l, which refers to the candidates nomina ted by national groups within the required time for submission, that is, by 4 April 1989, document A/43/l003, which contains the curricula vitae of the candidates nominated by national groups, and document A/43/l006, which lists the additional nominations by national groups received after 4 April 1989. Thirdly, in order to facilitate the preparation and conduct of the election procedure, and inasmuch as additional nominations have been received by the Secretary-General after the deadline of 4 April 1989, it would seem desirable that the Assembly have before it, in conformity with past practice, a consolidated and Updated list of candidates reflecting any withdrawals or additional nominations since the deadline 0 f 4 April 1989. Accordingly, I have asked the Secretary-General to prepare such a document, and if there is no objection to its distribution the Secretariat will cuculate shortly the consolidated and updated list of candidates reflecting any information received since the issuance of the original list, the new list will appear as document A/43/1002/Rev.l. It·was·so·decided. Tbe·PlUSmm..! (interpretation from Spanish): Fourthly, I should like to inform members that in confor:mi ty wi th Article 8 of the Statute of the International Court of Justice the General A3sembly and the se~1rity Council will proceed independently to the election of one member of the Court. Fifthly, the result of the voting in the General Assembly will not be communicated to the Security Council until one candidate has obtained an absolute majority in the Assembly. Sixthly, in accordance with Article 10, paragraph 1, of the Statute of the Court, the candidate who obtains an absolute majority of votes in both the General Assembly and the Security Council shall be considered as elected. For the present election, 82 votes constitute an absolute majority in the General Assembly. Finally, representa tives are requested to use only the ballot papers now beift(J distributed. The ballot papers contain the names of the candidates nominated by the national groups and reflect any changes brought about by the withdrawal of any candidate. The votes of representatives should be indicated by placing a cross at the left of the name of the candidate for whom they wish to vote. No name may be added to the ballot paper and no more than one candidate may be voted for, otherwiee the ballot will be considered invalid~ ibe General Assembly will now proceed to a secret ballot. I request representatives to remain in the Hall un~il the result of the voting is announced. At·the invitation of the president;·Mr.Hoppe (German DeMOcratic Republic), Mr. Kotey (Ghana); Mrs. Soott (Jamaica) and Mr. Savot (Turkey) acted as tellers. A vote was taken by secret ballot. The meeting was suspended at 10.50 a.m. and resumed at 11.30 a.m. The PRm mmT (interpretation from Spanish): The result of the voting is as follows: !limber of ballot paper~: Number of invalid ballots: Number of valid ballots: Abstentions I Number of members voting: Required absolute majorit¥: Number of votes obtained: Mr. Raghunandan Swarup Pathak (India) 84 Mr. Dorab Patel (Pakistan) 42 Mr. ft'>ragodage Christopher Walter Pinto (Sri Lanka) 16 Mr. Sansern Kraichitti (Thailand) 12
Mr. Raghunandan Swarup
Pathak has accordingly received the required absolute majority in the
General Assembly.
I have conveyed the results to the President of the Security COuncil and I
have received from him the following letter:
"I have the honour to info!rllt you that at the 2854th lIW.!eting of the
Security Council, held on 18 April 1989 for the purpose of electing a member
of the International Court of Justice for a term to expire on 5 February 1991,
Mr. Raghunandan Swarup Pathak obtained an absolute majority of votes."
As a reaul t of the voting which has taken place independently in the
General Assembly and in the Security Council, Mr. Raghunandan Swarup Pathak of
India, having obtained an absolute majority of votes in both organs, has been
o
o
('!be President)
elected a member of the International Court of Justice for a term of office
expiring on 5 February 1991. I take this opportunity to extend to him the
congratula tions of the Assembly.
I should also like to thank the tellers for their assistance.
We have thus concluded our consideration of sub-item (c) of agenda item 15.
ORGANIZATlDN OF WORK
The PRESIDENT {interpretation from Spanish) I I should like to inform
members that I have received from the representative of Saudi Arabia, as Chairman
of the Arab Group, a request for the Assembly to resume itB·oon~ideration of
agenda item 37, wQuestion of Palestine w• I would remind representatives that this
item was retained on the agenda of the forty-third session of the General Asseft)ly
in accordance with decision 43/459.
Having held urgent consultations with the Chairmen of the regional groups, it
is my intention to hold a meeting of the General Assembly tomorrow morning for the
consideration of this item. The official announcement of the meeting will be
contained in tomorrow's Journal.
I would suggest that the list of speakers for the debate on this item be
closed tomorrow at 1 p.m.
May I take it that there is no objection to my suggestion?
It was so decided.
The PRES mmT (interpretation from Spanish) I I would request members
wishing to particip!lte in the debate to inscribe their names as soon as possible.
The meeting rose at 11.40 a.m.
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