S/PV.3552 Security Council

I should like at the outset of the meeting to express deepest sympathy to the Government and people of China for the tragic loss of life and extensive material damage which have resulted from the recent floods in that country. I call on the representative of China.

I should like, on behalf of the Chinese delegation and the Government of China, to thank you, Mr. President, for your expression of sympathy and support on behalf of the members of the Council. I shall convey this message to my Government. Adoption of the agenda

I should like to recall that at its 3510th meeting, on 22 March 1995, the Security Council adopted resolution 980 (1995), in which it decided that the election to fill the vacancy in the International Court of Justice should take place on 12 July 1995 at a meeting of the Security Council and at a meeting of the General Assembly at its forty-ninth session. This morning the Security Council and the General Assembly will proceed independently with the election, in accordance with the relevant provisions of the Statute of the Court, for the purpose of filling this vacancy. The list of candidates nominated by national groups and received by the Secretary-General as of 21 June 1995, the deadline for receipt of nominations, is contained in document S/1995/528. Document S/1995/556 and Add.1 contain the nominations by national groups received by the Secretary-General after 21 June 1995. Document S/1995/529 contains the curriculum vitae of the candidate nominated by national groups. The Security Council also has before it a memorandum by the Secretary-General (S/1995/527) describing the present composition of the Court and setting I should like to remind the Council that under Article 10, paragraph 1, of the Statute of the International Court of Justice, “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 majority in the Security Council is eight votes. Article 15 of the Statute of the Court provides that “A member of the Court elected to replace a member whose term of office has not expired shall hold office for the remainder of his predecessor’s term.” Accordingly, the member elected to fill the remainder of the term left vacant by the resignation of Judge Sir Robert Yewdall Jennings will serve until 5 February 2000. The voting will be by secret ballot. When we proceed to the vote, members of the Council will receive a ballot paper containing the name of the candidate. No withdrawal will be accepted once the ballot papers have been distributed. However, it would be possible to withdraw between ballots. Members of the Council will be requested to place an “X” next to the name of the candidate for whom they wish to vote. Votes may be cast only for a candidate whose name appears on the ballot paper, and each elector may vote for only one candidate, otherwise the ballot will be considered invalid. When a candidate has obtained the required majority, I shall notify the President of the General Assembly of the name of that candidate, and I shall request the Council to remain in session pending the receipt from the President of the General Assembly of the result of the voting in the Assembly. I shall now draw lots to select two delegations to serve as tellers. * * *

Rwanda and the United Kingdom of Great Britain and Northern Ireland have been drawn. I therefore request

May I take it that the Council is now ready to proceed with the election to fill the vacancy caused by the resignation of Judge Jennings? It is so decided.

I would ask the Conference Officer to distribute the ballot papers. Members of the Council should place an “X” in the box next to the name of the candidate for whom they wish to vote. * * *

I take it that all members of the Council have now voted and I request the Conference Officer to collect the ballot papers. All the ballot papers have been collected. I should like to remind the Council that, as we agreed during our consultations, the ballots will not be counted until it has been verified that the ballot papers in the General Assembly have been collected. The Council will remain in session pending the receipt of that information. * * *

I have now been informed that the ballot papers have been collected in the General Assembly. The counting of the ballots in the Security Council will now begin. The tellers will now count the ballots. As agreed in our consultations, there will be two independent countings of the ballots, one by each teller. * * *

The result of the voting is as follows:

Ms. Rosalyn Higgins has accordingly received the required majority of votes in the Security Council. I shall communicate the result of the vote to the President of the General Assembly in writing. I request the Council to remain in session while we wait for the President of the General Assembly to inform the Council of the result of the voting in the Assembly. * * *

I should like to inform the members of the Security Council that I have just received from the President of the General Assembly the following letter: “I have the honour to inform you that at the 105th plenary meeting of the General Assembly, held today for the purpose of electing one member of the International Court of Justice, the following candidate obtained an absoute majority of votes in the General Assembly: Ms. Rosalyn Higgins.” As the Security Council and the General Assembly have agreed on the same candidate, the distinguished jurist Ms. Rosalyn Higgins of the United Kingdom of Great Britain and Northern Ireland has been elected a member of the International Court of Justice for a term of office expiring 5 February 2000. I should like to congratulate Ms. Higgins and wish her every success in the high office to which she has been elected. I should also like to thank the tellers for their assistance. The Security Council has thus concluded its business for this meeting.