S/PV.4107 Security Council

As this is the first meeting of the Security Council for the month of March, I should like to take this opportunity to pay tribute, on behalf of the Council, to Mr. Arnoldo Manuel Listre, Permanent Representative of Argentina to the United Nations, for his service as President of the Security Council for the month of February. I am sure I speak for all members of the Security Council in expressing deep appreciation to Ambassador Listre for the great diplomatic skill with which he conducted the Council’s business last month. If Council members will allow me, at this point I would like to convey the following. Yesterday, Her Excellency Prime Minister Sheikh Hasina of Bangladesh called my delegation to convey her congratulations on our assumption of the presidency. She asked me personally to convey to all the Council members her greetings, as well as her full support and her Government's full support in the discharge of our responsibilities. She has encouraged us to continue our work to promote international peace and security and a culture of peace worldwide. The Foreign Minister of Bangladesh has also conveyed his greetings to all the Council members. Adoption of the agenda

I should like to recall that at its 4075th meeting, on 30 November 1999, the Security Council adopted resolution 1278 (1999), by which it decided that the election to fill the vacancy in the International Court of Justice should take place on 2 March 2000 at a meeting of the Security Council and at a meeting of the General Assembly at its fifty-fourth session. This afternoon 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 the vacancy which occurred on 29 February 2000 owing to the resignation of Judge Stephen Schwebel (United States of America). Document S/2000/107 contains the curriculum vitae of the candidate nominated by national groups of States. The Security Council also has before it a memorandum by the Secretary-General, contained in document S/2000/105, describing the present composition of the Court and setting out the procedure to be followed in the conduct of the election. 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 International Court of Justice 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 Schwebel will serve until 5 February 2006. The voting will be held 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” in the box 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. I should like to remind members of paragraph 15 of the Secretary-General's memorandum, contained in document S/2000/105, which specifies that Any ballot paper containing votes for more than one name will be considered invalid. When a candidate has obtained the required majority of votes, I shall communicate the result to the President of the General Assembly, 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. The Council will now proceed to draw lots to select two delegations to serve as tellers. * * *

The names of the delegations of Mali and Canada have been drawn. I request each of those delegations to appoint one member to serve as teller.

May I take it that the Council is now ready to proceed with the election of a member of the International Court of Justice? I request 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 ask 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 * * *

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: Number of ballot papers: 15 Number of invalid ballots: 0 Number of valid ballots: 15 Required majority: 8 Number of votes obtained: Mr. Thomas Buergenthal 15 Mr. Thomas Buergenthal 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 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 90th plenary meeting of the General Assembly, held today for the purpose of electing a member of the International Court of Justice, the following candidate obtained an absolute majority of votes in the General Assembly: Mr. Thomas Buergenthal.” As both the Security Council and the General Assembly have agreed on the same candidate, the I should like to congratulate him and wish him every success in the high office to which he has been elected. The Security Council has thus concluded its business for this meeting.