S/PV.2306 Security Council

The Council will now proceed to the election of five members of the International Courr of Justice. in accordance with p;uqraph I ol’t\r~i\~l: I7 ol’~he Sl:~lute of the Court, to till the five scats which ~111 become vacant on 5 February 1982 on the expiry of the terms of office of the following Judges: Sir Humphrey Waldock, Mr. Isaac Forster, Mr. Andri Gras, Mr. Nagendra Singh and Mr. Jo& Maria Ruda. ~ 3. I should like to point out that document S/14645 reproduces the text of a note verbale dated 25 August 1981, in which the President of the Security Council informed the Secretary-General of the following: “The Security Council has taken note with deep regret of the death, on 15 August 1981, of the President of the International Court of Justice, Sir Humphrey Waek, “The Security Council has noted that Sir Humphrey’s term of office was to have expired on 5 February 1982 and that his seat is one of the five seats which will be filled for nine-year terms, commencing on 6 February 1982, during the elections to the Court to be held in the Security Council and in the General Assembly in the course of the forthcoming thirtysixth-session of the Assembly. “On the basis of consultations with the members of the Security Council, the President wishes to inform the Secretary-General that the Council considers that, as the vacancy which has arisen in the Court will be filled through the regular election procedure as from 6 February 1982, no purpose would be served by invoking the procedures of the Statute of the Court relating to the filling of a casual vacancy for the remainder of Sir Humphrey’s term of office. These procedures are applicable in cases where otherwise a considerable delay would elapse in filling a vacancy. No such delay is involved in this instance, as the seat concerned will be filled as from 6 February 1982.” 4. The list of candidates nominated by national groups for the five vacant seats is contained in document S/14502/Rev. 1. I should like to draw the attentior: of the Council to the fact that the Acting Charge d’affaires of the Permanent Mission of Barbados informed ~rfc this morning that Sir William Douglas had decided that he no longer wished to be considered a candidate, S. Document S/14503 and Corr.1 and 2 contains the curricula vitae of all the candidates. 6. The Security Council also has before it a memorandum by the Secretary-General in document S/14501, “Those candidates who obtain an absolute majority of votes in the General Assembly and in the Security Council shall be considered as elected.” The required mr\jority in the Council is eight votes. If, however, more than five candidates obtain the required mdority, we shall apply the procedure which has been followed in similar cases in the past and which is described in paragraph 14 of the Secretary-General’s memorandum-that is, a new vote will be held on all the candidates. If, on the other hand, fewer than five candidates receive the required mdority, the Council will continue balloting until the remaining vacancies are filled, subject, of course, to the concurring vote of the General Assembly. 7. Voting will be by secret ballot. Members of the Council are asked to place a cross next to the name of the candidate for whom they wish to vote. The only votes that will be counted will be those for candidates whose names appear on the ballot paper. I should like to remind members of paragraph I1 of the memorandum by the Secretary-General, which specifies that “Each elector may vote for not more than five candidates oil-the first ballot.” Consequently, any ballot containing votes for more than five names will be declared invalid. Ntrtttbrv of’vo~c~s obrcrittetl: Mr. Guy Ladreit de Lacharriere (France), Mr. Robert Y. Jennings (United King dom) ..I..,..I.II......I..I...,.II. Mr, Kdba Mbaye (Senegal) , . . . . , . . . , , , Mr. Nagendra Singh (India) **..4*.,... Mr. Hector W. Jayewardene (Sri Lanka) , , . , . I . . . , . . . . . , . . . . . . . . , . , , Mr. Edilbert Razafindralambo (Madagascar) . . . . ..I.II.I.I...,,,..,,,I,. Mr. Antonio Gdmez Robledo (Mexico) . , , Mr. Jose Maria Ruda (Argentina), , , , . , . Mr. Juan JosC Calle y Calle (Peru) . , . Mr. Laurel B. Francis (Jamaica) . , , , . . Mr. Anwarul S. Haq (Pakistan) . . , . . ,.. Mr. Tun Mohamed Suffian (Malaysia)

The following two candidates have received the required majority of votes in the Council: Mr. Guy Ladreit de Lacharrikre and Mr. Robert Y. Jennings. IS 0 1.5 Number of IWC~S obrctitrd: Mr. KBba Mbaye (Senegal) . , . , , , . ,.. . I Mr. Nagendra Singh (India) .I.,...,,.. Mr. Hector W. Jayewardene (Sri Lanka) ..I.,...,,,.I.,I~..I~...I... Mr. Jo& Maria Ruda (Argentina) .I..., Mr. Antonio GBmez Robledo (Mexico). . . Mr. Juan Jose Calle y Calle (Peru) .,,I. Mr. Edilbert Razafindralambo (Madagascar) . . . . . . ..I.......~........... Mr. Anwarul S. Haq (Pakistan) , . . . . . , . Mr. Tun Mohamed Suff’ian (Malaysia), . . 11 8 6 4 : 3 1 1 10. The PREEIDENT (itzterprcmtiott jiw~ Fwrrcl~): The following two candidates have received the required majority of votes in the Council: Mr. K6ba Mbaye and Mr. Nagendra Singh. 11. The Council will have to proceed to another ballot for the fifth place. In this ballot, members may vote for any of the candidates except those who have already received the required majority. I would remind members that any ballot papers containing votes for more than one name will be regarded as invalid. 12. I should like to inform members of the Council that I have just received a letter from the representative of Pakistan in which he informs me that the candidacy of Mr. Anwarul S. Haq has been withdrawn. I trust that he has also so informed the President of the General Assembly. The Council is herebv informed that there is one less candidate. IS 0 15 8 Nlltrlbc~r of’ I’0le.Y lhrtrirll~cl: Mr. Jose Maria Ruda (Argentina) ,..**. Mr. Antonio G6mez Robledo (Mexico) , . , Mr. Juan JosC Calle y Calle (Peru) . . . . . Mr. Hector W. Jaycwardene (Sri Lanka) . . . . . ..I.......I............ 7 4 3 I 16. It would therefore appear that the Security Council and the General Assembly, which have hehI concurrent elections for the five vacancies in the International Court of Justice, have concluded their work. Our task is therefore concluded, and I should like to thank all members of the Council for their COoperation, patience and courtesy.

Mr. President, I believe that today’s meeting should not constituts a precedent, since many members of the Council were absent when you read out the communication, and it would have been more correct to have waited until all the members of the Council were present at the table. Therefore I consider that today’s meeting should not and does not constitute a precedent. Nwnb~r of hullor pujwrs: 15 /tivalid ballots: ~~~~ 0 Nunhv. of w/it/ ballots: 15 Keqrtird nwj01 ity: 8 Nundx~r ufwtc~s obtuitwd: Mr. Jo& Maria Ruda (Argentina) Mr. Juan Jose Calle y Calle (Peru)’ : : : : : Mr. Antonio Gdmez Robledo (Mexico). . . : 18. The PRESIDENT (i~~terpretarion fiwn Frcwc~b’ I do not believe there is any precedent, since the Council was in session. Members of the Council were supposed to be in their places when I began to make my statement. This statement was a formality, since we have all been following what has been happening there and here. I am sure this creates no precedent, and it will not do so if members of the Council remain in their-places dvring meetings.

Since five candidates have now obtained the majority required for the five vacancies, I shall communicate the results of the vote to the President of the General Assembly. I would request the Council to remain in session until the President of the Assembly has informed then Council-of-the results ofthe voting~in the Assembly.

Mr. President, I wish to apologize very sincerely to you and through you to the Council for not having been in my seat at the correct time. My problem is that I am rather slow On my feet these days and I just did net make it. IS. The PRESIDENT (i/rtc~rprc~tcrtio,l from Frerdr): I should like to inform the members of the Council that I have iust received from the President of the General Assembly the following letter:

I too should like to express apologies for the absence of my delegation at the time when you called the meeting, Mr. President. It simply happened that my Permanent Representative was called elsewhere, and I had to be fetched from another room. I should like to express support for what the representative of the Soviet Union said, that it is hoped that this will not constitute a precedent. “I have the honour to inform you that at the 48th plenary meeting of the General Assembly, held today for the purpose of electing five members of the International Court of Justice, the following five candidates obtained an absolute majority of votes in the General Assembly: Mr. Guy Ladreit de Lacharribre, Mr. Robert Y. Jennings, Mr. K6ba Mbaye, Mr. Nagendra Singh and Mr. Jose Maria Ruda. The nrwting rose at 5.50 pm. “I note from your letter of today’s date that at the 2306th meeting of the Securitv Council the following five candidates obtaineb the necessary maority of votes in the Council: Mr. Guy Ladreit dc Lacharriere, Mr. Robert Y. Jennings, Mr. KCba Mbaye, Mr. Nagendra Singh and Mr. Josh Maria Ruda. “I informed the General Assembly that Mr. Guy Ladreit de LacharriPre, Mr. Robel’t Y. Jennings, Mr. KCba Mbayc. Mr. Nag:ndra Singh and Mr. Jose Maria Ruda had rcccivctl ;III :~bsolute majority both * Rend in English by the President. Las puhlicaciones de Ius Nacioner Unid;ir cst&l cn venla en librerias y casas dinlribuidoras cn todas panes del mundo. Co~wdrc a su librcro o dirijasc a: Nacioncs Umdas. SecciOn dc Vetlcas. NUCVA York o Ginehra.