A/51/PV.98 General Assembly

Before turning to the items on our agenda for this morning, may I, on behalf of all the members of the Assembly, extend our deepest sympathy to the Government and the people of the Islamic Republic of Iran for the tragic loss of life and extensive material damage which have resulted from the recent earthquake. May I also express the hope that the international community will show its solidarity and respond promptly and generously to any request for help. I now call on the representative of the Islamic Republic of Iran.

Thank you, Mr. President, for your kind words and your expression of sympathy for the people and the Government of the Islamic Republic of Iran over this latest tragic earthquake in north- eastern Iran. The earthquake in Khorasan province on 10 May, which was the third devastating earthquake in less than four months in Iran, has taken a heavy toll: 1,560 dead, 2,300 injured and 52,000 homeless. Public-service infrastructures, including the irrigation network and education, health and transportation facilities, have been severely damaged. I have the honour to report that the relief operation is under way in full force. The United Nations field assessment team, which has visited the area affected by the earthquake, has confirmed that efficient and well- coordinated relief efforts are being made by the Government and the Red Crescent Society of the Islamic Republic of Iran. The national and international response to the appeal by the Government of the Islamic Republic of Iran has been tremendously positive and encouraging. Convoys of relief items collected inside Iran continue to pour into the region. More importantly, the extent of the international assistance, which is said to be unprecedentedly encouraging, clearly reflects the unity of humanity. The head of the Iranian disaster task force has registered his praise for the generous international assistance provided so far. On behalf of the people and the Government of the Islamic Republic of Iran, I would like to express through you, Mr. President, our most heartfelt gratitude and appreciation to all Governments, organizations and individuals that have provided assistance in one way or another to relieve the sufferings of the victims of this earthquake. I shall not fail to thank the Secretary-General most warmly for his leadership and appeal for international assistance. Finally, I must register appreciation to each and every member of the United Nations Department of Humanitarian Affairs and all United Nations specialized agencies in Tehran for their tireless efforts in mobilizing and channelling international assistance.

In a letter contained in document A/51/780/Add.6, the Secretary-General informs me that, since the issuance of his communications contained in documents A/51/780 and addenda 1 to 5, dated 21 and 30 January, 4, 12 and 21 March and 18 April 1997, Burundi, Cape Verde, the Dominican Republic, Georgia, Guatemala, Guinea, Haiti, Madagascar, Mauritania and Saint Vincent and the Grenadines have made the necessary payments to reduce their arrears below the amount specified in Article 19 of the Charter. May I take it that the General Assembly duly takes note of this information?

The General Assembly will now proceed to the election of 11 judges of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since At the previous election of judges, in 1993, in accordance with article 13, paragraph 4, of the Statute of the International Tribunal, 11 judges were elected for a term of four years. The terms of office of the judges began on 17 November 1993 and will expire on 16 November 1997. In connection with the election, I should like to bring the following matters to the attention of the General Assembly: First, according to article 13, paragraph 2, of the Statute of the International Tribunal, the 11 judges of the International Tribunal shall be elected by the General Assembly from a list of candidates submitted by the Security Council. At its 3763rd meeting, on 8 April 1997, the Security Council, in accordance with article 13, subparagraph 2 (c), of the Statute of the International Tribunal, established in resolution 1104 (1997) a list of 19 candidates, taking due account of the adequate representation of the principal legal systems of the world. The list was formally conveyed to the President of the General Assembly by letter dated 8 April 1997 from the President of the Security Council. The letter was issued as document A/51/867. Secondly, in accordance with article 13, subparagraph 2 (a), of the Statute of the International Tribunal, the Holy See and Switzerland, the two non- member States which were invited to nominate judges for the International Tribunal, shall participate in the election in the same manner as the States Members of the United Nations. On this occasion, I am happy to welcome here the representatives of the Holy See and Switzerland. Finally, I should like to draw the attention of the Assembly to the documents relating to the election. The memorandum by the Secretary-General concerning the election of judges of the International Tribunal is contained in document A/51/877. The list of candidates is to be found in paragraph 6 of document A/51/877. I should like to inform the Assembly that the Permanent Representative of Qatar to the United Nations has informed me, in a letter dated 19 May 1997, that Mr. Masoud Mohamed Al-Amri does not wish to be considered as a candidate. Accordingly, the name of The curricula vitae of the candidates are to be found in document A/51/878. In that connection, may I bring to Members’ attention the provision of article 13, paragraph 1, of the Statute of the International Tribunal, which reads as follows: “The judges shall be persons of high moral character, impartiality and integrity who possess the qualifications required in their respective countries for appointment to the highest judicial offices. In the overall composition of the Chambers due account shall be taken of the experience of the judges in criminal law, international law, including international humanitarian law and human rights law.” As delegates know, the election of judges will take place in accordance with the relevant provisions of article 13 of the Statute of the International Tribunal. In addition, given the similar nature of the election of judges of the International Court of Justice and the election of judges of the International Tribunal, it was decided at the time of the previous election of judges in 1993 to follow similar election procedures in the General Assembly. In his memorandum, the Secretary-General suggests that this precedent be applied to the election of judges of the International Tribunal. If I hear no objection, may I take it that the Assembly agrees to that suggestion?

In accordance with article 13, subparagraph 2 (d), of the Statute of the International Tribunal, the candidates who receive an absolute majority of the votes of States Members of the United Nations and of the non-member States maintaining permanent observer missions at United Nations Headquarters shall be declared elected. The consistent practice of the United Nations has been to interpret the words “absolute majority” as meaning a majority of all electors, whether or not they vote or are allowed to vote. The electors, for this purpose, are all the Member States (185) and the two non-member States: the Holy See and Switzerland. Accordingly, 94 votes constitute an absolute majority for the purpose of electing judges of the International Tribunal. Following the practice in the election of judges of the International Court of Justice, the Secretary-General suggests in his memorandum that subsequent balloting should be unrestricted — I repeat, that subsequent balloting should be unrestricted. It is further suggested that, if more than the required number of candidates obtain the absolute majority of votes in the first ballot, in accordance with the practice followed in the elections of the judges of the International Court of Justice, a second ballot be held on all candidates and balloting continue until the required number of candidates, and no more, obtains an absolute majority. If I hear no objection, may I take it that the Assembly agrees to the procedures I have just outlined?

I call on the representative of Mexico.

On the occasion of today’s election of judges of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1 January 1991, my delegation wishes to state the following: The Government of Mexico reaffirms its commitment to international humanitarian law and the importance it attaches to compliance therewith. We condemn all violations of international humanitarian law committed in the territory of the former Yugoslavia or anywhere else in the world, and are convinced that the international community should continue to strive to safeguard its full observance in accordance with the means available under international law. Apart from all this, we believe that, in adopting the decision to establish the International Tribunal for the former Yugoslavia, the Security Council acted beyond its sphere of competence. The United Nations Charter contains no provision substantiating the competence of any of its principal organs to implement binding jurisdictional mechanisms of this sort. That is why, as in

I call on the representative of the Holy See. Archbishop Martino (Holy See): The Holy See has followed with great interest the work of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1 January 1991. This interest is a natural consequence of the efforts of the Holy See, culminating in the visit to Sarajevo by His Holiness Pope John Paul II on 12 and 13 April this year, to work for peace, justice and lasting reconciliation in that area, which has undergone so much bloodshed and instability. But real peace and reconciliation must be grounded in a profound respect for each and every human person. For that reason, Pope John Paul II recently stated: “The Holy See supports every effort to establish effective juridical structures for safeguarding the dignity and fundamental rights of individuals and communities.” The International Tribunal must therefore be seen as an expression of the condemnation by the international community of particularly serious violations of the most basic elements of human rights and dignity. The Holy See welcomes the provisions of the Statute of the International Tribunal found in article 13, subparagraphs 2 (a) and (d), which acknowledge its participation in the nomination and the voting for judges for the Tribunal, consistent with its status as a non-member State maintaining a permanent observer mission at United Nations Headquarters. However, in consideration of its specific nature and of its objectives, and according to the recognized praxis in similar cases, the Holy See has decided to abstain from casting its vote on the individual candidates to the office of judge of the International Tribunal.

We shall now proceed with the election. The voting process has now begun.

The result of the voting is as follows: Number of ballot papers: 166 Number of invalid ballots: 1 Number of valid ballots: 165 Abstentions: 2 Number of members voting: 163 Required absolute majority: 94 Number of votes obtained: Mr. Antonio Cassese (Italy) 146 Mr. Richard George May (United Kingdom of Great Britain and Northern Ireland) 129 Mr. Mohamed Shahabuddeen (Guyana) 127 Mr. Wang Tieya (China) 123 Mr. Claude Jorda (France) 119 Ms. Gabrielle Kirk McDonald (United States of America) 118 Mr. Fouad Abdel-Moneim Riad (Egypt) 118 Mr. Lal Chand Vohrah (Malaysia) 113 Mr. Rafael Nieto Navia (Colombia) 96 Mr. Almiro Simões Rodrigues (Portugal) 89 Ms. Florence Ndepele Mwachande Mumba (Zambia) 85 Ms. Elizabeth Odio Benito (Costa Rica) 83 Mr. George Randolph Tissa Dias Bandaranayake (Sri Lanka) 76 Mr. Saad Saood Jan (Pakistan) 71 Mr. Jan Skupin´ski (Poland) 66 Mr. Adolphus Godwin Karibi-Whyte (Nigeria) 62 Mr. Daniel David Ntanda Nsereko (Uganda) 48 Mr. Babiker Zain Elabideen Elbashir (Sudan) 47 There remain two seats to be filled. The Assembly will now proceed to another ballot to fill the remaining two vacancies. In accordance with the decision taken earlier, that ballot shall be unrestricted. Only those candidates whose names appear on the ballot papers are eligible for election. The names of the following nine candidates, who have already obtained an absolute majority of votes have been deleted: Mr. Antonio Cassese, Mr. Claude Jorda, Mr. Richard George May, Ms. Gabrielle Kirk McDonald, Mr. Rafael Nieto Navia, Mr. Fouad Abdel-Moneim Riad, Mr. Mohamed Shahabuddeen, Mr. Lal Chand Vohrah and Mr. Wang Tieya. Once again, I would remind delegations that only the names of two candidates shall be marked with a cross. Any ballot paper on which more than two names are marked will be considered invalid. Votes may be cast only for those whose names appear on the ballot papers.

The result of the voting is as follows: Number of ballot papers: 166 Number of invalid ballots: 3 Number of valid ballots: 163 Abstentions: 3 Number of members voting: 160 Required absolute majority: 94 Number of votes obtained: Mr. Almiro Simões Rodrigues (Portugal) 63 Ms. Florence Ndepele Mwachande Mumba (Zambia) 54

Since no candidate has obtained an absolute majority, the Assembly will have to proceed to another unrestricted ballot to fill the remaining two vacancies. In view of the lateness of the hour, we will continue with the balloting this afternoon.

Before turning to the items on our agenda for this afternoon, may I, on behalf of all the members of the Assembly, extend our deepest sympathy to the Government and the people of Bangladesh for the tragic loss of life and extensive material damage which have resulted from the recent cyclone. May I also express the hope that the international community will show its solidarity and respond promptly and generously to any request for help. I now call on the representative of Bangladesh.

On behalf of the people and the Government of Bangladesh, I would like to convey our profound gratitude and sincere thanks to you, Sir, and to the Members of the United Nations, for the kind words of inspiration and support. Yesterday, a powerful cyclonic storm ravaged southern parts of Bangladesh. The extent of the damage is currently being assessed, and rehabilitation activities have begun and are in full swing. The Bangladesh Government has mobilized all available resources to alleviate the suffering of the affected people through the distribution of medicine, food and relief materials. The people have so far been able to overcome the tragedy with resilience and courage. The Prime Minister of Bangladesh, Sheikh Hasina, herself is supervising the relief operations. She is now visiting the affected areas. We would also like to mention the support of the international community, which in the past has been very encouraging. We would like to collaborate with all in getting over this present tragic situation.

As announced this morning, the General Assembly will now proceed to another unrestricted ballot to fill the remaining two vacancies on the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed on the Territory of the Former Yugoslavia since 1991. I call on the representative of the Sudan.

My delegation would like to convey to the General Assembly that the Sudan has decided to withdraw in favour of the other three African candidates.

Members have heard the statement just made by the representative of the Sudan. The name of Mr. Babiker Zain Elabideen Elbashir will be deleted from the ballot papers. I call on the representative of Uganda.

I wish to announce that Uganda withdraws its candidature. In view of the fact that new ballot papers will need to be prepared to take into account the withdrawals that have just been announced, I propose to suspend the meeting for 10 minutes. May I take it that the Assembly agrees to that proposal?

The General Assembly will now proceed to another unrestricted ballot to fill the remaining two vacancies. I should like to remind members that, as announced earlier by the representatives of the Sudan and Uganda, two candidates have decided to withdraw their names from the list of candidates: Mr. Babiker Zain Elabideen Elbashir of the Sudan and Mr. Daniel David Ntanda Nsereko of Uganda. Accordingly, the names of those two candidates do not appear on the ballot papers that are going to be distributed. Ballot papers are now being distributed. All the candidates whose names appear on the ballot papers are eligible. Once again, I would remind delegates to place a cross at the left of the names of the two candidates for whom they wish to vote. Any ballot paper on which more than two names are marked will be considered invalid. Votes may be cast only for those whose names appear on the ballot papers.

The result of the voting is as follows:

Since no candidate has obtained an absolute majority, the Assembly will have to proceed to another unrestricted ballot to fill the remaining two vacancies.

I wish to inform the Assembly that we have decided to withdraw the candidature of Poland. I should like to point out, however, that ours was the only candidate from the Group of Eastern European States and thus the only one from the region for which the Tribunal was established. We find it not quite fair, therefore, that on such an important Tribunal no member will represent that particular region.

The name of Mr. Jan Skupin´ski has been withdrawn and will be deleted from the next ballot paper.

While thanking the representatives who voted for the Sri Lankan candidate, I wish at this stage to withdraw the candidature of Sri Lanka.

Representatives have heard the statement of the representative of Sri Lanka. The name of Mr. George Randolph Tissa Dias Bandaranayake has been withdrawn and will be deleted from the next ballot paper. In view of the fact that new ballot papers have to be prepared to take into account the withdrawals just announced, I suggest that the meeting be suspended for 15 minutes. May I take it that the Assembly agrees to that proposal?

The General Assembly will now proceed to another unrestricted ballot to fill the remaining two vacancies. I should like to remind members that, as announced earlier by the representatives of Poland and Sri Lanka, two candidates have decided to withdraw their names from the list of candidates: Mr. George Randolph Tissa Dias Bandaranayake (Sri Lanka) and Mr. Jan Skupin´ski (Poland). Accordingly, the names of those two candidates do not appear on the ballot papers that are going to be distributed. Ballot papers are being distributed. All the candidates whose names appear on the ballot paper are eligible. Once again, I would remind representatives to place a cross at the left of the names of the two candidates for whom they wish to vote. Any ballot paper on which more than two names are marked will be considered invalid. Votes may be cast only for those whose names appear on the ballot papers.

The result of the voting is as follows: Number of ballot papers: 157 Number of invalid ballots: 0 Number of valid ballots: 157 Abstentions: 3 Number of members voting: 154 Required absolute majority: 94 Number of votes obtained: Ms. Florence Ndepele Mwachande Mumba (Zambia) 95 Mr. Almiro Simões Rodrigues (Portugal) 78 Ms. Elizabeth Odio Benito (Costa Rica) 52

Having obtained an absolute majority, Ms. Florence Ndepele Mwachande Mumba (Zambia) is elected a member of the International Tribunal for a four-year term beginning on 17 November 1997. There remains one seat to be filled. The Assembly will now proceed to another ballot to fill the remaining vacancy. In accordance with the decision taken earlier, that ballot shall be unrestricted. Ballot papers are being distributed. All candidates whose names appear on the ballot paper are eligible. Once again, I remind delegations that the name of only one candidate should be marked with a cross. Any ballot paper on which more than one name is marked will be considered invalid. Votes may be cast only for those whose names appear on the ballot papers.

The result of the voting is as follows: Number of ballot papers: 157 Number of invalid ballots: 2 Number of valid ballots: 155 Abstentions: 3 Number of members voting: 152 Required absolute majority: 94 Number of votes obtained: Mr. Almiro Simões Rodrigues (Portugal) 84 Mr. Saad Saood Jan (Pakistan) 30 Ms. Elizabeth Odio Benito (Costa Rica) 28 Mr. Adolphus Godwin Karibi-Whyte (Nigeria) 10

Since no candidate has obtained an absolute majority, the Assembly will have to proceed to another unrestricted ballot to fill the remaining vacancy. There remains one seat to be filled.

The name of Mr. Adolphus Godwin Karibi-Whyte has been withdrawn and has therefore been deleted from the ballot paper. The Assembly will now proceed to another ballot to fill the remaining vacancy. In accordance with the decision taken earlier, that ballot shall be unrestricted. Ballot papers are being distributed. All the candidates whose names appear on the ballot paper are eligible. Once again, I remind delegations that the name of only one candidate should be marked with a cross. Any ballot paper on which more than one name is marked will be considered invalid. Votes may be cast only for those whose names appear on the ballot paper.

The result of the voting is as follows: Number of ballot papers: 158 Number of invalid ballots: 1 Number of valid ballots: 157 Abstentions: 3 Number of members voting: 154 Required absolute majority: 94 Number of votes obtained: Mr. Almiro Simões Rodrigues (Portugal) 108 Mr. Saad Saood Jan (Pakistan) 24 Ms. Elizabeth Odio Benito (Costa Rica) 22

Having obtained an absolute majority, Mr. Almiro Simões Rodrigues (Portugal) is elected member of the International Tribunal for a four- year term beginning on 17 November 1997. I take this opportunity to extend to them the congratulations of the Assembly on their election and to thank the tellers for their assistance. The International Tribunal has thus been fully established. This concludes our consideration of agenda item 166.

Before adjourning the meeting, I should like to inform members that, owing to the lateness of the hour, the remaining items on the agenda for this meeting will be taken up tomorrow at 10 a.m. in Conference Room 3, with the exception of item 3 (b), which concerned a request for the reopening of the consideration of sub-item (c) of agenda item 94. At the request of the sponsor of the request contained in document A/51/899, consideration of the request is postponed to a later date. Therefore, tomorrow morning the Assembly will first consider agenda item 144; then, under agenda item 8 the Assembly will consider the fifth report of the General Committee, as well as the request contained in document A/51/901. The Assembly will also consider agenda items 18 (h) and (i) and agenda item 19.