A/76/PV.32 General Assembly

In accordance with the provisions of chapter I of the statute of the Commission, the 34 members of the Commission are to be elected by the General Assembly for a five-year term of office beginning on 1 January 2023 from a list of candidates nominated by the Governments of States Members of the United Nations. I should like to remind representatives that, at its seventy-fourth session, the General Assembly decided, through decision 74/566, to extend the terms of office of the current members of the International Law Commission by one year, such that they would expire on 31 December 2022, in order to permit the current membership to complete the consideration of the topics on the programme of work for the seventy-second and seventy-third sessions of the Commission that were at an advanced stage. The members of the Commission are eligible for re-election. The present membership of the Commission is set out in the annex to document A/76/82. The notes by the Secretary-General concerning the candidates are contained in documents A/76/82 and addendum 1 and A/76/399 and addendum 1. Document A/76/399 contains a list that consolidates, in alphabetical order, the candidates nominated by Governments of States Members of the United Nations for election to the International Law Commission. I should like to inform the Assembly that, as indicated in document A/76/399/Add.1, the Permanent Mission of Zambia to the United Nations informed the Secretariat, in a note verbale dated 27 October 2021, that it had withdrawn the candidature of Mr. Likando Kalaluka to the International Law Commission. A total of 48 candidates are therefore eligible in this election. The notes by the Secretary-General concerning the statements of qualifications of candidates are contained in document A/76/62. I should like to recall for members that, in accordance with the statute of the International Law Commission, the Commission should consist of persons of recognized competence in international law; the persons to be elected to the Commission should individually possess the qualifications required; and, in the Commission as a whole, representation of the main forms of civilization and of the principal legal systems of the world should be ensured. Pursuant to the pattern set up in paragraph 3 of resolution 36/39, of 18 November 1981, the 34 members should be elected as follows: nine nationals from African States; eight nationals from Asia-Pacific States; three nationals from Eastern European States; six nationals from Latin American and Caribbean States; and eight nationals from Western European and other States. The ballot papers reflect that pattern. As provided for in the statute of the International Law Commission, those candidates, up to the maximum number prescribed for each regional group, receiving the greatest number of votes and not less than a majority of the votes of the Member States present and voting, shall be declared elected. If the number of candidates obtaining a simple majority is less than the number of members to be elected, there shall be, accordance with rule 94 of the rules of procedure of the General Assembly, additional ballots to fill the remaining places, the voting being restricted to the candidates obtaining the greatest number of votes in the previous ballot to a number not more than twice the places remaining to be filled. Also, consistent with past practice, if, in the case of a tie vote, it becomes necessary to determine the candidate to be elected or to proceed to the next round of restricted balloting, there will be a special restricted ballot limited to the candidates who have obtained an equal number of votes. May I take it that the General Assembly agrees to these procedures?

In accordance with rule 92 of the rules of procedure of the General Assembly, the election shall be held by secret ballot. Before we begin the voting process, I should like to remind members that, pursuant to rule 88 of the rules of procedure of the General Assembly, no representative shall interrupt the voting except on a point of order on the actual conduct of the voting. Any announcements, including withdrawals of candidatures, should therefore be made before the beginning of voting has been announced. We shall now begin the voting process. Members are requested to remain seated until all ballots have been collected. Ballot papers marked “A”, “B”, “C”, “D” and “E” will now be distributed. Each ballot paper contains the names of the candidates eligible in this round of balloting. Ballot papers will be given only to the representative seated directly behind the country’s nameplate. Representatives are requested to use only those ballot papers that have been distributed. Representatives are requested to place a cross to the left of the names of the candidates for whom they wish to vote. Representatives may vote only for those candidates whose names appear on the ballot papers, and for no more than the number of seats allocated to each region. A ballot paper containing more votes than the number of seats allocated to the relevant region will be declared invalid. Accordingly, members should ensure that the ballot papers marked “A” for African States do not contain votes for more than nine candidates; that the ballot papers marked “B” for Asia-Pacific States do not contain votes for more than eight candidates; that the ballot papers marked “C” for Eastern European States do not contain votes for more than three candidates; that the ballot papers marked “D” for Latin American and Caribbean States do not contain votes for more than six candidates; and that the ballot papers marked “E” for Western European and other States do not contain votes for more than eight candidates. If a ballot paper contains any notation other than votes for eligible candidates, the notation will be disregarded. If a mistake is made in completing the ballot paper, delegations should request a new ballot paper from the representative of the Secretariat at the front of the General Assembly Hall.

The result of the voting is as follows: Group A — African States Number of ballot papers: 193 Number of invalid ballots: 1 Number of valid ballots: 192 Abstentions: 0 Number of members voting: 192 Required simple majority: 97 Number of votes obtained: Mr. Charles C. Jalloh (Sierra Leone) 169 Mr. Alioune Sall (Senegal) 165 Ms. Phoebe Okowa (Kenya) 162 Mr. Yacouba Cissé (Côte d’Ivoire) 160 Mr. Ahmed Amin Fathalla (Egypt) 159 Mr. Hassan Ouazzani Chahdi (Morocco) 151 Mr. Ahmed Laraba (Algeria) 136 Mr. Louis Savadogo (Burkina Faso) 131 Mr. Ivon Mingashang (Democratic Republic of the Congo) 121 Mr. Aly Fall (Mauritania) 114 Mr. Clement Julius Mashamba (United Republic of Tanzania) 112 Mr. Muaz Ahmed Mohamed Tungo (Sudan) 82 Group B — Asia-Pacific States Number of ballot papers: 193 Number of invalid ballots: 2 Number of valid ballots: 191 Abstentions: 0 Number of members voting: 191 Required simple majority: 96 Number of votes obtained: Mr. Bimal N. Patel (India) 163 Ms. Vilawan Mangklatanakul (Thailand) 162 Mr. Masahiko Asada (Japan) 154 Mr. Hong Thao Nguyen (Viet Nam) 145 Mr. Huikang Huang (China) 142 Mr. Keun-Gwan Lee (Republic of Korea) 140 Mr. Andreas D Mavroyiannis (Cyprus) 139 Mr. Munkh-Orgil Tsend (Mongolia) 123 Mr. Nassib G. Ziadé (Lebanon) 119 Mr. Mohan Pieris (Sri Lanka) 112 Mr. Herminio Harry L. Roque (Philippines) 87 Group C — Eastern European States Number of ballot papers: 193 Number of invalid ballots: 1 Number of valid ballots: 192 Abstentions: 1 Number of members voting: 191 Required simple majority: 96 Number of votes obtained: Mr. Evgeny Zagaynov (Russian Federation) 114 Mr. Bogdan Aurescu (Romania) 107 Mr. Mārtinš Paparinskis (Latvia) 103 Ms. Réka Varga (Hungary) 89 Mr. Fuad Zarbiyev (Azerbaijan) 72 Mr. Pavel Šturma (Czech Republic) 49 Mr. Vigen Kocharyan (Armenia) 33 Group D — Latin American and Caribbean States Number of ballot papers: 193 Number of invalid ballots: 0 Number of valid ballots: 193 Abstentions: 0 Number of members voting: 193 Required simple majority: 97 Number of votes obtained: Mr. Claudio Grossman Guiloff (Chile) 174 Mr. Marcelo Vázquez-Bermúdez (Ecuador) 168 Mr. George Rodrigo Bandeira Galindo (Brazil) 166 Mr. Mario Oyarzábal (Argentina) 155 Mr. Juan José Ruda Santolaria (Peru) 153 Mr. Carlos José Argüello Gómez (Nicaragua) 145 Mr. Sergio Abreu Bonilla (Uruguay) 140 Group E — Western European and other States Number of ballot papers: 193 Number of invalid ballots: 0 Number of valid ballots: 193 Abstentions: 0 Number of members voting: 193 Required simple majority: 97 Number of votes obtained: Mr. Rolf Einar Fife (Norway) 154 Ms. Patricia Galvão Teles (Portugal) 154 Mr. Giuseppe Nesi (Italy) 152 Mr. Dapo Akande (United Kingdom) 150 Mr. August Reinisch (Austria) 149 Ms. Penelope Ridings (New Zealand) 131 Mr. Mathias Forteau (France) 130 Ms. Nilüfer Oral (Turkey) 124 Ms. Concepción Escobar Hernández (Spain) 122 Ms. Evelyn Aswad (United States of America) 114 Mr. Tal Becker (Israel) 104

I congratulate all 34 persons who have been elected to the International Law Commission, and I thank the tellers for their assistance in this election. The General Assembly has thus concluded its consideration of sub-item (f) of agenda item 116.