S/36/PV.48 Security Council

15.  Elections to fill vacancies in principal organs :* . (c) Election of five members of the International Court of Justice I. The PRESIDENT: This afternoon the General As- sembly will proceed to the election of five members of the International Court of Justice for tenns of office com- mencing on 6 February 1982, the tenns of office of the following judges expiring the previous day: Sir Humphrey Waldock, Mr. Isaac Forster, Mr. Andre Gros, Mr. Nagendra Singh and Mr. Jose Marla Ruda. Sir Humphrey Waldock, I am sorry to infonn the Assembly, died on 15 August 1981, and the Security Council decided that the resulting vacancy should be filled through the regular election procedure. In connection with the election I should like to bring the following matters to the attention of the members of the General Assembly. 2. First, in accordance with General Assembly resolu- tion 264 (Ill), a State which is a party to the Statute of the International Court of Justice but not a Member of the United Nations may particil?ate in the election in the Gen- eral Assembly with the same rights as the States Mem- bers of the United Nations. On this occasion, I am happy to welcome here the representatives of Liechtenstein, San Marino and Switzerland. 3. Secondly, I should like to confinn that at this time, but independently of the General Assembly, the Security Council is proceeding to elect five members of the Court. This procedure is in accordance with Article 8 of the Stat- ute of the Court, which provides that: "The General Assembly and the Security Council shall proceed independently of one another to elect the members of the Court." Accordingly, the results of the voting in eaGh of these organs will not be communicated to the other organ until the voting in both organs is completed. 4. Finally, I should like to draw the attention of the members of the Assembly to the documents relating to the election. The list of candidates who have been nomi- nated by national groups is to be found in document Al36/302/Rev.I-S/14502lRev.I. * Resumed from the 43rd meeting. NEW YORK 5. I should also like to .infonn the Assembly at this stage that Sir WiIliam Douglas has indicated by letter to- day that he does not wish to be considered as a candidate. His name has been deleted from the ballot papers which will shortly be distributed to representatives. 6. The curricula vitae of the candidates are to be found in document A/36/303-SI14503 ' Corr.1 and 2. The Assembly also has before it document N36/30l-S/1450l containing a memorandum by the Secretary-General on the present composition of the Court and the procedure to be followed in the Assembly and in the Security Council in regard to the election. 7. In accordance with Article 10, paragraph I, of the Statute of the Court, those candidates who obtain an ab- solute majority of votes in the General Assembly and in the Security Council shall be considered elected. In the General Assembly, 80 votes constitute an absolute major- ity. 8. The General Assembly will now proceed to a secret ballot. I request representatives to remain in the Hall until the result of the voting is announced. If on the first ballot five candidates do not obtain the required majority, it will be necessary to proceed to other ballots until all vacancies are filled. I know that I shall be able to rely on the patience of representatives during the time inevitably re- quired for counting the votes. 9. Representatives are requested to use only the ballot papers now being distributed and to place a cross at the left of the name of the five candidates for whom they wish to vote. Ballot papers on wh:ch more than five names are marked will be considered invalid.