S/PV.1315 Security Council

The Security Council is now called upon to elect five members of the International Court of Justice, in accordance with Articïe X3, paragraph 1 of the Statute of the Court, to fil1 the five seats which Will become vacant on 5 February 196’7 upon the expiration of the terms of Judge Sir Percy Spender, Judge V. K. Wellington KOO, Judge B. Winiarski, Judge Jean Spiropoulos and Judge Fouad Arnmoun. 1. Le PRESIDENT (traduit de l’anglais): Le Conseil de &curit8 cinq membres de la Cour internationale de Justice, conform8ment au paragraphe 1 de l’article statut de la Cour internationale de Justice, en vue de pourvoir le 5 fevrier suivants: Sir Percy Spender, M, V.K. Wellington KO~, M. B. Winiarski, Ammoun. 2. The list of candidates nominated by national groups for the election to fil1 the five vacarcies iS oontained in document S/7490/Rev.l y and Addenda I to 7. The curricula vitae of a11 the candidates are t0 be found in document S/7491 and Corr.1 and Add.1. Notice has been received of the withdrawal of the candidacies of Mr. Max Sbrensen, Mr. Milan Bartog, Mr, Jean Spiropoulos, Mr. Thanat Khoman, Mr. V. K. Wellington Koo, and Mr. Ahmad Matine-Daftary, We have also received notice of a further withdrawal, with which members are perhaps not familiar-that of Mr. Erik Castren. 2. La liste des candidats presentés par les groupes nationaux en vue de l’élection aux cinq sitiges vacants figure dans le document A/7490/Rev.lg Les documents S/‘7491 et Corr.1 et Add.1 contiennent les notices biographiques de tous les candidats. Nous avons &é informés du retrait M. Max Sbrensen, de M. Milan Bartog, de M. Jean Spiropoulos, de M. Wellington En outre - peut-&tre pas encore - M. Erik CastrBn a lui aussi retiré sa candidature. officiels point’17 1/ AlSo circulated as document A/6420/Rev.l; sec Officia1 Records of the General Assembly, Twenty-first Session, Arme~, agendaitem 17. “Those candidates who obtain an absolute majority of votes in the General Assembly andin the Security Council shall be considered as elected. w The required majority in the Security Council therefore is eight votes. If, however, more than five candidates obtain the required majority, the procedure which has been followed in the past-namely, to hold a new vote on a11 candidates-is outlined in paragraph 14 of the Secretary-Generalls memorandum. 4. The vote Will be taken by secret ballot. OnlY Votes for cand.idates whose names appear on the ballotpaper Will be counted at this stage of our proceedings. A vote was taken by secret ballot. 15 0 15 a Number of ballot papers: In valid ballots : Number of valid ballots: Required majority: Number of votes obtained: Mr. Manfred Lachs (Poland) .1>100*.*10 14 MI?. Fouad Ammoun (Lebanon) 0 , , , , 0 a e 13 Mr. Charles D. Onyeama (Nigeria) o . 0 D . 11 Mr. Antonio de Luna (Spain) . 0 . Q 0 . , , b 0 8 Sir Kenneth Bailey (Australia) ~ 0 . 0 . , 0 . 7 Mr. Cesar Bengzon (Philippines). , D q n I , 7 MT. Sture Petrgn (Sweden) 0 , , D , 0 e . , ~ . 6 Mr. Fadiala Keita (Guinea) ..OO~.O.... 5 Mr. Suat Bilge (Turkey). 0 , D 0 , , 0 ~ , , 0 D 3

The following four candidates have received the required majority of votes in the Council: Mr. Manfred Lachs, Mr. Fouad Ammoun, Mr. Charles 1). Onyeama and Mr. Antonio de Luna. 6. The General Assembly must also take action in this matter, and the Security Counoil itself will have ,to proceed to a ballot for the fifth place, since none of the other candidates has received the required majority. A vote was taken by secret ballot, Number of ballot papers: 15 Invalid ballots: 0 Number of valid ballots: 15 Required majority: 8 Number of votes obtained: Sir Kenneth Bailey (Australin) . . . . , s ~ , 5 Mr. Fadiala Keita (Guinea) ..sm..*.s,, 5 Mr. Cesar Bengzon (Philippines) . . . . . . . 3 Mr. Suat Bilge (Turkey). . . . . . . . . 0 . U , 1 Mr. Sture PetrBn (Sweden) ..O@.,....I 1

As is apparent from the results of the vote, no candidate received the requiredmajority on the second ballot. It Will therefore be necessary to 2/ Al80 circulated as document A/6366; see Officia1 Records of the General Assembly, Twenty-first Session, Annexes, agenda item 17. A vote was taken by secret ballot. Number of ballot papers: 15 Invalid baZlots: 0 Number of valid ballots.’ 15 Required majority: 8 Number of votes obtained: Sir Kenneth Bailey (Australia) ..OOO..O 7 Mr. Fadiala Keita (Guinea). 0 0 a , n e . . . e 6 Mr. Cesar Bengzon (Philippines), o Q , , 0 0 2

As no candidate has received the required majority, we shall, in accordance with the rules, proceed to a fourth ballot. The conditions governing this ballot Will be identical with those of the last ballot. A vote was taken by secret ballot, Number of boallot papers: 15 InvaIid ballots: 0 Number of valid ballots: 15 Required majority: 8 Number of votes obtained: Sir Kenneth Bailey (Australia) o.n,,*ea 7 Mr. Fadiala Keita (Guinea). , ..**d.l.m 6 Mr. Cesar Bengzon (Philippines). a 0 . . , . 3

Since no candidate has received the required majority of votes, we shall have to prooeed to another ballot, under the same conditions as the fourth ballot. A vote was taken by secret ballot. Number of ballot papers: 15 Invalici ballots: 0 Number of valjd ballots: 15 Required major@: 8 Number of votes obtained: Mr. Fadiala Keita (Guinea). aa..,,.bo. 6 Sir Kenneth Bailey (Australia) . . . . . . . a 5 Mr. Cesar Bengzon (Philippines), 0 . , . 4

Since no candidate has received the required majority, we shall proceed to a sixth ballot, under the same conditions. A vote was taken by secret ballot. Num ber of ballot papers : 15 Invalid ballots: 0 Number of vaiid ballots: 15 Required major@; 8 Number of votes obtained: Sir Kenneth Bailey (Australia) , . U , . . . , 5 Mr. Cesar Bengzon (Philippines). , . . , , . 5 Mr. Fadiala Keita (Guinea) .,...*,,*.. 4 Ms. Sture Petrkn (Sweden) n.,........ 1

Since no candidate has received the required majority, we shall have to proceed to a seventh ballot, under the same oonditions. l 3 Number of votes obtained: Sir Kenneth Bailey (Australia) .eu.*o.* 5 Mr. Cesar Bengzon (Philippines), . . 0 . m Q 5 Mr. Fadiala Keita (Guinea) , . *. L.. . l l , 5

The Council Will now proceed to an eighth ballot, since no candidate has received the required majority. A vote was taken by secret ballot. 15 0 15 Number of ballot papers: Invalid ballots: Number of valid ballots: Required majorify: Number of votes obtained: Sir Kenneth Bailey (Australia) . p . . e 0 0 . 5 Mr. Cesar Bengzon (Philippines). e a o . . . 5 Mr. Fadiala Keita (Guinea). n 0 0 g . . m . . a 5 13. The PRESIDENT: At this point 1 should like to consult the Council. According to our rules of procedure, the Council must continue to vote until it has arrived at a majority, 1s it the desire of the Council to take a brief recess before our nextballot or to continue the voting? 14. Lord CARADON (United Kingdom): 1 would suggest .that we might allow a decent interval before the next ballot is taken.

1 do not quite understand why the United Kingdom representative has called for a “decent interval”. pdo not think this is decent or reasonable at all. We must continue cur work until we arrive at a final result.

1 would consider it more in the spirit of rule 61 that we continue at least for a further series of ballots,

1 should like to explain that in any circumstances we are not authorized tc discontinue this particular meeting, whether or net we take a recess. Rule 61 of the Provisional Rules of Procedure of the Council states: “Any meeting of the Security Council held in pussuante of the Statute of the hternational Court of Justice for the purpose of the election of Members of the Court shall continue until as many candidates as are required for a11 the seats to be filled have obtained in one or more ballots an absolute majority of votes,” 18. In the absence of agreement on a recess on the part of the Council, 1 think we should proceed to another ballot, the ninth, Numker of votes obtained: Sir Kenneth Bailey (Australia) .**0.*., 6 Mr. Fadiala Keita (Guinea). . , . ..**.a.0 5 Mr. Cesar Bengzon (Philippines). . . , 0 . , 4 19. The PRESIDENT: As is apparent from the results, no candidate has received the required majority, and we shall proceed to the tenth ballot. A vote was taken by secret ballot. Number of ballot papers: 15 Invalid ballots: 0 Number of valid ballots: 15 Required majority: 8 Number of votes obtained: Sir Kenneth Bailey (Australia) .a.m..a. 5 IvIr. Cesar Bengzon (Philippines). . 0 , . a n 4 MI?. Fadiala Keita (Guinea). 0 0 0 o , , , a a . 4 Mr. Sture Pet& (Sweden) . , D . , . . . . . . 2 20, The PRESIDENT: Since no candidate has received the required majority, we shall proceed t0 the eleventh ballot. A vote was taken by secret ballot. Ntunber of ballot papers: 1.5 Invalid ballots: 0 Number of valid ballots: 15 Required majority: 8 Number of votes obtained: Sir Kenneth Bailey (Australia) ,a.o0.00 5 Mr. Fadiala Keita (Guinea). . . . D . . 0 . . n 5 Mr. Cesar Bengzon (Philippines). + . . . . . 4 Mr, Sture Petrén (Sweden) ..*a....... 1

No candidate having received the required majority, we shall proceed to the twelfth ballot. A vote was taken by secret ballot. Number of ballot papers: Invalid ballots : Number of valid ballots: Required majority: 0 15 Number of votes obtained: Sir Kenneth Bailey (Australia) . . a ,, 0 . e . 6 Mr. Cesar Bengzon (Philippines). . o D o D D 3 Mr. Fadiala Keita (Guinea), 0 D II , , a o , , D 3 Mr, SturePetrén (Sweden). . , 0 , a , . . . 0 3

1 have consulted withthemembers of the Council, and have determined that there is a common desire that we suspend the, meeting for a few minutes, in order to stretch our legs, This is not an adjournment of the meeting; under the rules the meeting continues. The meeting was suspended at 5’p.m. and resumed at 6.15’p.m. Nutnber of ballot papers: 15 Invalid ballots: 0 Number of valid ballots: 15 Required majori&: 8 Number of votes obtained: Mr. Cesar Bengzon (Philippines). . . o II , . 5 Mr. Sture Pctrén (Sweden) . . ..*.*...e 4 Mr. Fadiala Keita (Guinea). e . . a , m O . a . 3 Sir Kenneth Bailey (Auetralia) ao..-.*. 3

No candidate has seceivcd the required majority. We shall now proceed to the fourteent.h ballot. A vote was taken by secret ballot. Number of ballot papers: 15 Invalid ballots: 0 Number of valid ballots: 15 Roquired major@: 8 Number of votes obtained: Mr. Cesar Bengzon (Philippines). . , a o 1 , 5 Mi?. Sture PetrBn (Sweden). . . . . n O . . , e 5 Mr. Fadiala Keita (Guinea). O *..e00*“0 3 Sir Kenneth Bailey (Australia) t , . , ~ . Q a 2

Since no candidate bas obtained the required majority, the Council Will proceed to the fifteenth ballot. A vote was taken hy secret ballot. Number of ballot papers: 15 Invalid bal.lots: 0 Number of valid ballots: 15 Required major@: 8 Number of votes obtained: Mr. Cesar Bengzon (Philippines), D ~ s , , . 5 Mr. Sture Petrén-(Sweden) ..o.ag*.,ae 5 Mr. Fadiala Keita (Guinea) .-..***a.., 3 Sir Kenneth Bailey (Australia) S*.*.Bes 2

Again we do not have a conclusive result. As this ballot was the same as the previous one, 1 suggest, with the agreement of the Council, that we take another short recess. The meeting was suspended at 6.35’ p.m, and resumed at 6.40 p.m.

The Council Will now proceed to the sixteenth ballot, in accordance with the established procedure. A vote was taken by secret ballot. Number of ballot papers: Invalid ballots: Number of valid ballots: Required major@: 15 0 15 8

Since no candidate has received the required majority of votes, we shall now proceed to the seventeenth ballot. A vote was taken by secret ballot. Nutnber of ballots: 15 Invalid ballots: 0 Number of valid ballots: 15 Required majorify: a Number of votes obtained: Mr. Sture PetrBn (Sweden) 0,u*..0..,. 7 Mr. Cesar Bcngzon (Philippines) .*‘e**. 5 Mr. Fadiala Keita (Guinea) .O,...“.... 3

Since no candidate has obtained the required majority, we shall proceed to the eighteenth ballot. A vote was faken by secret ballot. Number of ballot papers: Invalid ballots: Number of valid ballots: Required majority: 15 0 15 8 Number of votes obtained: Mr, Sture PetrBn (Sweden) . a <1 . . 0 . . e . . 7 Mr. Cesar Bengzon (Philippines). . , , . , . 5 Mr. Fadiala Keita (Guinea) .D.Qa,eDO.. 3 30, The PRESIDENT: The results are the same as those of the last ballot, Under these circumstances 1 suggest, if there is no objection, that we suspend the meeting. The meeting was suspended at 6.55 p.m. and resumed at 7.40 p.m.

We shall now proceed to the nineteenth ballot. A vote was taken by secret ballot. 15 0 15 Number of ballot papers: Invalid ballots: Number of valid ballots: Required majority: Number of votes obtained: Mr. Fadiala Keita (Guinea). 0 q . a n . . . . . 6 Mr, Cesar Bengzon (Philippines). . o 0 . e - 5 Mr. Sture Petrén (Sweden). . q , 0 a . . . : 0 4

No candidate has obtained the required majority in this ballot. 33, Mr, BERRO (Uruguay) (translated from Spanish): I request that the meeting be suspended for twentY minutes, to coincide with the suspension just agreed upon by the General Assembly. The necessary Consultations cari then take place, and we shall not resume voting until the General Assembly is also in SeSSioIL 1 believe the two elections should be concurrent. 34. Mn. MOROZOV (Union of Soviet Socialist Republics) (translated from Russian): I think we should 36. I am guided in this by the principles of ‘honest conduct of elections. It is not my abject to ho1.d up the work of the Council; 1 propose merely that our work should be suspended and resumed in the manner osiginally agreed upon by the President of the General Assembly and the Council President, Mr. Goldberg. This is the position of my delegation.

1 am extremely sorry to have to make a request which in any way runs counter to that made by the representative of Uruguay, but I do appeal tohim to allow us one more ballot, 1 should be most grateful if he would agree to this.

This is not a question of good or bad Will, but of abiding by principles of proper conduct. 1 believe that the two United Nations organs involved have a duty to be honest with each other: the General Assembly with the Security Council, and the Security Council with the General Assembly. 39. In any event, in this problem of voting, a suspension would probably make it possible to reach results which, being arrived at through honestly conducted elections, would be in conformity with correct procedures and principles. 40. I am sorry 1 cannot agree to the request of the representative of Mali, because I personally cannot do something that would mean sacrificing the principles which 1 am upholding and which, in my opinion, should guide the conduct of this body.

Two members of the Cc,uncil have raised points of order, the representative of the Soviet Union and the representative of New Zealand.

1 only wish to ask that the President apply rule 33 of the rules of procedure.

1 do not wish to prolong our discussion of this matter, but 1 think that the President was right in saying, when we first ‘decided this question of a recess, that, strictly speaking, under [Xhe speaker read out rule 61 .l 44. This is an exception which precludes the possibility of applying rule 33 in the present case. 45. My interpretation of the situation in which we now find ourselves is as follows. A recess, such as those we have already had, may take place with the consent of a11 members of the Council and may not be put to the vote, If even one member of the Council opposes this kind of conditional recess-whose conditional nature you correctly mentioned in your first statement, Mr. President-then this is enough to require the Council to continue oonsidering the matter to which rule 61 refers without interruption. 1 would therefore ask you, Mr. President, to continue this meeting of the Council and to prooeed with the next ballot in full conformity with rule 61.

Sinoe I consider that the representative of the Soviet Union has been arguing correctly, and, even if he were not, since 1 oonsider that under rule 33 the President is obliged to put the proposa1 of the representative of Uruguay to the vote without debate, 1 feel that I am debarred from quoting-as 1 otherwise would do so-Article 8 of the Statute of the International Court, which, with a11 respect, 1 think proves the opposite of the case put by the representative of Uruguay, However, as I have said, 1 shall not go into detail on that Article, but simply ask that the President apply rule 33 and put the proposa1 to the vote without debate.

The point of order having been raised, the Chair has been asked to make a ruling, which the Council, by vote, cari decide to sustain or reject. 48. As the representative of the Soviet Union has stated, rule 61 of the rules of procedure states: [The President read out rule 61.1 49. Rule 33 of the provisional rules of procedure, to which the representative of New Zealand referred, states: “The following motions shall have precedence in the order named over a11 principal motions and draft resolutions relative to the subjeot before the meeting: “1. TO suspend the meeting; “2. TO adjourn the meeting; “3. TO adjourn the meeting to a certain day or hour: 50. As I understand the request made by the representative of Mali, he asked the representative of Uruguay, without going into the merits of the legal question involved, to allow the Council to hold one more ballot, and then he would not abject to a suspension of the meeting, Before makingmyruling, 1 should like to ask the representative of Uruguay whether he accepts that suggestion that the Council hold one more ballot and then, if necessary, recess,

May I say that 1 have naturally followed with great interest the reasoning of the eminent jurist whois the current President of the Security Council. 52. 1 share the opinion that the Council may, if it unanimously SO decides, suspend its work without adjourning its meeting, It is understood that when any deliberative or parliamentary body has a recess the meeting legally continues, even if. the work is suspended. There is a physical interruption in the work, but legally the same meeting continues, as inthe case of our meeting today, which was interrupted three or four times at the suggestion of the President and with the consent of the whole Counoil. 53, Article 8 of the Statute, to which the representative of New Zealand referred, has absolutely nothing to do with the subjeot we axe discussing; it is not even remotely connected with it. 1 am not, however, going to question the President’s suggestion that another ballot should be held and the meeting suspended thereafter, although 1 believe logic demands that the eleotions should take place simultaneously, SO as to leave no room for speculation in the interval between our proceedings and those of the General Assembly; moreover, if this is not improper from the legal point of view-and 1 believe it is-it is at least morally unacceptable, in my opinion.

In the light of the very helpful contribution made by the representative of Uruguay, and without prejudiçe to the positions that have been taken, we Will, by consent, take another ballot and suspend the meeting after that ballot. 55, Before doing that, 1 have been requested to make an announcement and authorieed to do SO by the representative of Guinea. The representative of Guinea has asked me to advise the members of the Council that his Excellency Mr. Fadiala Keita’s candidacy has been withdrawn. We Will now proceed to the twentieth ballot. A vole was taken by secret baIlof.

Since the required majority ORS been obtained by Mr. Petrbn, the Security Council has now had five candidates who bave received eight or more votes, In accordance, therefore, with the applicable rules of procedure, 1 Will convey the results to the President of the General Assembly, andI would ask the Council kindly to remain in animated, suspended session until the President of the General Assembly has informed the Council of the results of the further voting in the Assembly. This is in aocordance with the procedure applicable in this case, and if. there is no objection, we Will follow the prescribed prooedure. 1 Will advise the President that the Council has provided him with five candidates who have received eight or more votes, and 1 Will then report to the Council, as soon as possible, the results of the action of the General Assembly, Sinoe there is no objection, it is SO decided. 57, Mr. MOROZOV (Union of Soviet Socialist Republits) (translated from Russian): 1 did not wish, before the second ballot, at this state of the Seourity Council’s work, to exercise my right of reply to the comments made by the representative of Uruguay and to some of the comments made by the President. l’ should not like my silence to be interpreted as implying the Soviet delegation’s consent to the oompletely incorrect and unjustified interpretation of the Security Council’s rules of procedure put forward by the New Zealand representative and, before him, by the Uruguayan representative, and, to some extent, by the President in the statement he made befose the last ballot, to the effeot that rule 33 is applicable when the Council iS performing its functions under rule 61 of the rules of procedure. 58, The completely unfounded and, 1 would say, unsuccessiùl attempts of the New Zealand representative to prove that the suspension he is requesting is not a suspension but something else show in themselves that there cari be no question of theformal application of rule 33 when the Security Council is WOrking in special circumstances and fulfilling the special functions to whioh rule 61 refers. If there were, it would not have been necesssary for the New Zealand representative to try to prove that what he is requesting is a suspension of the meeting and at the same time not a suspension of the meeting. 59. I shall not speculate on the motives for this but 1 should like at this point to make it quite clear that 1 fully disagree with this kind of attempt to interpret the rules of procedure. I am not now formally rais% this question for the Council’s consideration beoause the need for this has noW passed. Imust say that 1 support the view and interpretation which the President himself gave earlier. 60. We have only to refer ta the Officia1 Records of the Security Counoil or to the soundrecordingsto find 61. In other words, the question of a recess is not subject to a vote. The question of whether to have such a recess cannot be put to the vote. Such a recess oan be decided upon in accordance with the practice which we have adopted today and which has been followed previously in the Security Council. There cari be a recess if there is unanimity on the question, but the Counril must continue to meet if even one member insists that it should meet without interruption, as clearly follows from rule 61, which flatly states that the Council shall continue ta meet without interruption until it has fulfilledits function-Le., until it has transmitted to the General hssembly the report which the President has just now outlined to us. 62. 1 should like this to be reflected in the record of the meeting of the Council. 1 shall not, of course, insist on any kind of discussion of this question because 1 think that attempts to lay donn abstraot principles about what the Council may or may not do Will not advance our work at this late hour or our work in general. 63. 1 hope that it Will not be necessary for us to reopen the elections as a result of the General Assembly’s decision; 1 would even say that any further consideration of the question would be pointlcss. 1 bave, however, ventured to make these remarks only because some members of the Council wished to induce us to commit a flagrant violation of the rules of procedure, which we must not do in this or any other case if we wish to avoid creating chaos in the Councill s work.

1 do not wish at this hour to start a legal discussion on the point raised by the USSR representative. 1 believe that there is some confusion between a fact and a legal act. The physical fact of suspending the prooeedings in order to stretch our legs-as the President SO graphically put it-is one thing, and the legal act, which remains uninterrupted, is another. The meeting continues even if there is a physical interruption in the work, SO that there is no breach or violation of the rule of procedure which laps down that we must continue our workuntil the necessary number of candidates has been elected, the voting being concurrentwiththat in the Assembly; the rule is not violatedby the fact of a recess. The legal act of election continues, 66. Article 8 says that the two organs shall pxoceed independently, but simultaneously. “Independently” means that they are net parts of a single oxganic whole, that they do not have a joint meeting, that each operates sepaxately and autonomously but synchxonizes its work with that of the other. It is not admissible that one oxgan should be waiting fox the other, ta see whether some kind of a political bargain might be framed, in favour of one side or the othex, thus distorting the real meaning of the will of the electors. 67. That is what 1 said, that is what I feel, znd that is what I repeat; and events have just psoVed that I am right. 68. Mr, CORNER (New Zealand): In his elegant dance upon the eye of a needle the representative of the Soviet Union suggested that my clumsy tiptoe into olzr earlier procedural debate put me at cross purposes with him. Y%en he reads later-if he does-the Verbatim record he will find that 1 was in fact’precisely attempting to support him in his particular intervention and 1 was at odds with the xepresentative cf Uruguay. 1 cited Article 8 of the Statute of the International Court bxiefly precisely in an attempt to disprove the main thesis of the argument of the repxesentative of Uruguay. 69. 1 think.that the main diffexencebetween the xepresentative of the Soviet Union and rnyself-and 1 admit the possibility that he may well be correct and 1 wrong-was that 1 said that it might well be that he was right that under rule 61 it was not possible even to have a suspension of the meeting; but inasmuch as there might be a small element of doubt, we might at least clinch the issue by a rapid application of one portion of xule 33-that relating to the suspensionof a meeting-because 1 left open the possibility that while, because of .xule 61, an adjournment of the meeting might not be possible, a suspension might just be possible, It was to close that pasticular gap and, in effect, furthex the case already put forward by the representative of the Soviet Union that 1 asked that rule 33, in SO fax as it related to a suspension, be applied. But 1 admit that on this ground the xepxesentative of the Soviet Union is a master and I do not pretend that any argument of mine cari put this issue beyond doubt.

By unanimous agxeement of the Council, the meeting Will be suspende& The meeting was suspended at 8.20 P.m. and r~sumed at 9.15 p.m. “1 have the honour to inform you that the General Assembly has decided to suspend the 1456thplenary meeting, the fixst meeting held today fox the puxpose of electing five members of the International Court of Justice. 1 should therefore like to consult with you as to a time convenient fox the Security Council and the General Assembly to resume the election.” (Slgned) Abciul Rahman PAZHWAK Presidenc of the General Assembly 72. I have been advised that the General Assembly will reconvene tomorrow at 3 p.m., and, therefore, it it meets with the approval of the Security Council, 1 would suggest that we suspend themeeting by agxeement, awaiting further word from the General Assembly tomorrow afternoon, and that, upon receipt of furthex word from the General Assembly that it has completed the election process, or such other woxd as it may want to communioate, and after due consultation with the members we reconvene. 1s there any objection to this pxocedure? 73. Mx. EL-FARRA (Jordan): Mr. Pxesident, 1 should like you to clarify this point for my delegation. 1s there not a kind of conflict between the pxactice adopted by the Assembly a few minutes ago, and the stand which this Council took before the suspension7 And by adopting this procedure, are we not accepting a pxoceduxe of the Assembly which was not acceptable to the Secuxity Council? TO avoid any precedent which might affect our future work, 1 would like this to be claxified.

We determine our own pxooedures in the Security Council. We took a decision, without pxejudice to anybody’s position, to conduct oux own affairs. We did it by agreement. 1 do not think it would be appropriate for us to pass upon the pxocedure of the Assembly. The Assembly, as 1 understand it, took a vote and we have been advised of the results. ‘75, 1 propose, without prejudice to anybody’s position, by agxeement, to suspend the meeting until we axe fuxther advised by the General Assembly of what it has done in regard to this election. For the time being we have done a11 that we cari do. We have eleoted five members and have sent their names to the General Assembly. Therefoxe, what 1 am pxoposing does not affect anybody and does not establish any pxecedents, We are not reviewing the General Assembly’s work, We are taking action in the Secuxity Council. And the action we are taking, as 1 propose it, if it meets with the Council’s agreement, is to suspend the meeting now and await further word from the Genexal Assembly. When that word is reoeived, 1 shall communicate with 76. We are not therefore, establishinganyprecedent. We are not prejudicing anybody’s position, We are not taking any decisions. We are, by agreement, as we have been doing throughout the day, suspending. And we have no alternative now, since the Assembly has suspended its meeting; we have nothing to do here tonight. That is how 1 understand the situation. 1 would hope, with that explanation, that we would a11 agree that we might go home and have some dinner. 76. Par oonséquent, nous ne nous ne pr8jugeons ne prenons comme nous suspendons pas le choix maintenant du sa séance; nous n’avons C’est j’ai et que nous dr%er chez nous. 77. M. MOROZOV sovi&iques) d’avoir heure cxois, car on ne saurait trop insister d’observer aussi d’ailleurs. 7’7. Mr. MOROZOV (Union of Soviet Socialist Republics) (translated from Russian): 1 am very sorry that 1 must make some comments concerning the procedural side of our work at this late heur, However, 1 think that this has some significance because the importance of observing the rules of procedure in this important matter, as in a11 other cases, cannot be overestimated. 78. A vrai examiner, suite de la communication generale. suivie proposition C’est au sein de 1’Assemblee faire, et non ici. 78. Strictly speaking, we no longer have anything to discuss at this meeting and this was my first reaction to the interim communication sent by ‘the General Assembly. 1 should not like to enter into a discussion of whether the proceduxe followed by the General Assembly. in voting on this proposa1 was correct or net. That would be appropriate only at a meeting of the organ which adopted the procedure and not here. Here it would be pointless to make any comments on that subject. 79. 1 should therefore like, first, to support youx remarks, Mr. President, to the effect that we are following our own procedure, and inparticular, rule 61 of the Security Council’s rules of procedure. If I have correctly understood you, Mr. President, this is what ~OU said and there is no disagreement on this point, However, under rule 61, there was no reason for us to resume our meeting now, because xule 61 states: 79. Tout d’abord, Monsieur notre xeglement, que vous avez indiq-u&, sauf erreur, divergences raison teneur de 1’Article [The speaker read out ruls’ 61.1 80. 11 s’agit non pas & llAssemblée comme élus, conform6ment candidats 8. la fois sécuritk. comparaison a l’Assemblée. car tout nombre dans cs sens, nous avons termine moins & l’Assemblée d’autres 80’ This refers to voting in the Security Council,and not in the General Assembly, although, according to the Statute of the Court, those candidates who obtain an absolute majority of votes in the General Assembly and in the Security Council shall be considered as elected. But this is a conclusion drawn from a com- Parison of the results of the voting in the Security Council with the results of the voting in the General Assembly, This is something whioh exceeds our oompetence, beoause we cari only do what we are doing, in other woxds, Select the neoessary number of candidates in the Security Council. We have done SO and in this sense we have completed our work, unless sub- Sequent events or cixcumstances-in other words the xesults of the General Assembly’s consideration of the question-oblige us to take any further steps. 81. Obviously on this basis we have no reason for resuming our meeting now, even though we have received this interim letter from the President of the General Assembly, because the only thing that we cari consider is a final communication containing the re- 81. Ainsi, nous n’avons manifestement de sieger communication blBe g&rérale, c’est 82. That is why we cannot now settle the question whether we should cal1 another meeting of the Security Council in order to continue with the elections, because we in the Security Council k.ave concludedthese elections, at least for the time being. Perhaps we Will have to cal1 a meeting, but this Will become clear in the light of the results of the work in the General Assembly itself on the election of candidates. 83. 1 shall not mention that the Court’s Statute lays down a highly complicated procedure in accordance with which one or more posts may xemain unfilled after the voting, but this may not prevent the International Court from proceeding with its work with the membership it has as a result of the elections that have been made; #Article 12, paragraph 3, clearly states-1 do not wish at this point to prolong my statement and for this reason 1 shall not reacl out the preceding passages- “If the joint conference is satisfied that it Will not be successful in procuring an election, those members of the Court who have alreadybeen eleoted shall, within a period to be fixed by the Security Council, proceed to fil1 the vacant seats. by selection from among those candidates who have obtained votes either in the General Assembly or in the Security Council.” 84. 1 mention this now only in order to show that the road which we may yet have to travel is somewhat more complicated than might appear at first glance. 85. 1 should like to conclude by saying that, as we are already in session, a11 that remains for us to do is to take note that, in accordance with rule 61, we have on this day and at this hour discharged our duties and we are now awaiting the further action to be taken by the General Assembly in accordance with the relevant rules of procedure of the Assembly and of the International Court, 86. We have nothing further to discuss. Ifthisis your understanding also, Mr. President, we could obviously adj ourn. 8’7. Mr. EL-PARI%A (Jordan): After your clarification, Mr. President, and the observations made by Ambassador Morozov, 1 would say that 1 am in complete agreement that we are not suspending the meeting but simply adjourning it. I think we have finished our work. It is not suspension: we shall meet again when we dsem fit to meet.

1 apologize for taking up at this hour a subject connected with one 1 raised in theSecurityCounci1 before going into the General Assembly. 89. The President is quite right when he says that the procedure adopted by the General Assembly falls VDuring the discussion of any matter, a representative may move tho suspension or the adjournment of the meeting. Such motions shall not be debated, but shall be immediately put to the vote 0 . 011 90, The President of the General Assembly decided on his own that the motion to suspend the elections could not be debated, but he overlooked, in my opinion, the fact that the rules of procedure of the General Assemhly contain an explicit and specific provision for certain circumstances, the other rule beinggeneral rather than particular. I am referring to rule 152, the wording of which is similar to that of the relevant provision of the rules ofprocedure of the Security Council concerning the election of members of the International Court of Justice, Rule 152 of the General Assembly’s rules of procedure says: 90. la motion de suspension pouvait de vue une disposition interieur culier, il s’agit laire & l’article 1’8lection Justice. de I’AssemblBe ‘Any meeting of the General Assembly held inpursuante of the Statute, of the International Court of Justice for the purpose of the election of members of the Court shall continue until as many candidates as are required for a11 the seats to be filled have ohtained in one or more ballots anabsolutemajority of votes, n 91, la suspension auquel se réfere particulier s’applique 1’Article 91, This means that the provision on the adjournment of the meeting is not applicable to the case to which rule 152 refers, which is governed by a special rule, since it is a specific case differing from a11 other cases, to a11 of which the other rule applies. 92. Toutefois, s’appliquent gr%rale par le Conseil touchant sa propre 92, 1 repeat, however, that this is a comment on the conduct of the General Assembly and is not applicable to the Security Council’s decision with regard to its own procedure. 93. Dans aucune décision g&&rale, derniére 93. In the circumstances, we cari take no deoision which might affect that takenby the General Assembly, even if it was a mistaken and erroneous decision, as 1 believe it was. 94. de l’Union .des deux organes. l’un de l’autre, le Pr&.ident attendre fasse savoir et si noub devons reprendre tions electorales, qui concerne Dans timtion bres trois par un vote a la majorit6 non pourvu, de l’Assemblée 9% The USSIX representative said quite rightly that the action of one organ must be synchronizedwith that of the other. Both organs.must-act indepehdently, but concurrently; and, as the President of the’ CoXmcil has just said, the Council should wait &til the General Assembly informs it whether the five members were elected or not; in the latter case, either we shall again bave to act as an electoral .body or the article conc@rning cases of failure to reach agreement shouldbe applled. This hypothetical situation would be governed hy Article 12, which provides for the formation of a oanference oonsisting of six members-three appointed bY the General Assembly and three by the Security Conncil-for the purpose of choosing by the vote of an absolute majority one name for each seat stillvacant. 95. The opinion expressed by the President of the Cour61 is therefore correct and is legally unaasailable; the proper procedure is for us to adjourn 95. La these qu’a soutenue est exacte et donc juridiquement nous reste 96. That is my opinion and 1 wish it to appear in the record because this subject was discussed earlier and there is a new facto??, that to which Mr. El-Farra referred, which, 1 believe,, clarifies the position my delegation has taken today.

1 apologize for intervening in this debate at this late hour; but hiving looked once again at the rules of procedure of the General Assembly, at the provisional rules of procedure of the Security Councii, andat the memorandum of the Secretary-General which he kindly and very usefully circulated on 22 August in documents A/6366 and S/7466, it seems ta me that the General Assembly, having not SO far completed its business, has quite rightly decided, within its powers, that it should suspend its meeting until tomorrow afternoon. The meeting is not ended; it has been suspendeduntil tomorrow afternoon. We, on the other hand, in this Council have indeed completed our business, since we have already corne to the conclusion of electingfive judges; we have furthermore finalized this business by reporting that fact to the General Assembly. It therefore seems to me that we are at liberty to adjourn, and without wishing cal1 upon any particular rule of procedure for that purpose, I would recommend that we adjourn for dinner .

1 for one welcome this opportunity of having learnt a lot from the very profound statements and interpretations of the rules procedure that have been made, though 1 am constrained to add that these very interesting lessons appear to have corne at a most inconvenient time of the night. Quite frankly, Mr. President, Ido not understand what is going on. As you have rightly stated, we are not here conoerned with how the General Assembly conducts its business or operates under its rules. has also been clarified that we have completed our business in accordance with our own rules. May 1 therefore very respectfully request that the meeting be adj ourned.

As there are no further speakers 1 shall adjourn the meeting, andIshould like to announce the following: Having consulted members of the Security Council about the continuation of our consideration of the Palestine question, it was agreed that the Council should meet tomorrow morning, and, 1 suggest, with the consent of the Council, at Ll o’clook. As there is no objection, it is SO decided. Xhe meeting rose at 9.45’p.m. Litho in U.N. Price: $US. 0.50 (or eqtiv&nr