S/PV.567 Security Council

The Secretariat in[o1'111s me that as meetings of other United Nations bodies are being he1d at this same time, it will be impossible to follow the normal practice having both sil11ultaneous and consecutive interpretation at this meeting. vVe shall have simultancous interpretation onl)'. In view of the special circl1ll1stances, l hope there will be no objection on the part of members of the Council. Statemelll by the President 2. The PRESIDENT (translated f1'0111, Spanish) Before passing to the agenda, l believe that l speaking for the majority of the Security Council when l say that the President of the COllncil dming the HlOnth, Mr. Tingfu F. Tsiang, l1as performed his duties with the intelligence, skill and tact which he has shown throughout his association with us. As representative of Ecuaclor, l am pleascd to acld that on more than occasion Mr. Tsiang's gooc1 judgment has been a source of invaluab1e guidance to me. 3. Ml'. HSU (China): May l thanle the President the compliment he has paid to Ml'. Tsiang. i Adoption of the agenda 5. Although the members of the Council familial' with the facts, l should J.ike to <Lttention ta documents A/1885-S/2352 of 26 1951 containing the Secretary-General's memorandum on the election of members of the International of Justice and the events leading up to this 6. On 29 May 1951 [548th meeting], the Cot111cil decided that the election to fill this the Court would be held during the present the General Assembly and before the election other vacancies which will occur in the Court February 1952. 7. The Secretary-General has complied with 5 and 7 of the Statute of the Court. 8. We are a11 familial' with the provisions 2, 4, 8, 9, 10, 11 and 12 of the Statute and under Article 14 we are required to hold this by the generalmethod laid down in those the e1ection of members of the International Justice. 9. The curl'iotla vitae of the candidates to fill of Judge Barras e Azevedo are containecl in A/1877-S/2338 dated 14 September 1951 and Corr.1-S/2338/Corr.1 and A/1877/ Add.1-S/2338/ Add.1 dated 9 November 1951. 10. The Council, Iike the Assembly, will e1ect a member of the Court to take the place Barras e Azevedo. 11. Ballot papers on which more names than marked will be il1valid. 12. The candidate who receives six or more be considered elected by the Security Council. 13. If more than one candidate obtains more votes, the Chair will decide upon the procedure followed. 14. The elevel1 nominations for candidates vacancy left by Ml'. Barros e Azevedo will be the list which has already been distributed. accordance with Article ~, paragraph 1, of the votes for persons whose names are 110t prepared by the Secretariat will be invalid. 1S. In accordal1ce with Article 10, paragraph the Statute a candidate who obtains an absolute

Vve shall now proceed ta the vote.

l dec1~re Mr. I:evi Fernandez Carneiro e1ected by the Sec\1rJty Councl!. The General Assembly will be informed immediately of his e1ection. Election of five members of the International Court of Justice in accordance with Article 13, paragraph 1, of the Statute

The Couneil will now proceed to the next item on our agenda - the election of five members of the International Court of Justice, in accordance with Article 13, paragraph 1, of the Statute, to fill the five seats which will becol11e vacant on 5 February 1952, when the tenus of Mr. Fabela, Mr. Hackworth, Mr. Klaestad, Mr. Krylov and Mr. de Visscher expire. " , 20. The list of candidates and their curricula vitae, together with other information concerning the election, are ta be found in document A/1789-S/2339 and five addenda. 21. We are all familiar with the Articles of the Statute of the International Court of Jastice which govern the election and with mIes 40 and 61 of our mIes procedure. 22. Thelist of candidates has been distributed members of the Council. The ballot paper indicates that a cross should be put on the left opposite the names candidates voted for. A ballot paper on which more than five names are marked will be considered invalid. If fewer than five names are marked, votes will countec1 in respect of those marked. Votes for persons whose names are not on the list will not be valid; among the five names voted for on a ballot paper, one or more are not on the list of candidates, only the votes for those names which figure on the list will be counted. 23. In accordance with Article la, paragraph 2, of the Statute candidates who obtain an absolute majority votes ~ in this case, six votes - will be considered elected. If more than five candidates obtain an absolute 1l1ajority, the President will decide upon the procedure to be followed. Ml'. Zeki Mesut Alsan, Turkey, 1 vote; Ml'. Enriq~e C. Armand Ugon, Uruguay, lVlr. Sergel Alexandrovitch Golunsky, Soviet Socialist Republics, 9 votes; ML Green Haywood Hackworth, United America, 11 "Votes; Ml'. Helge Klaestad, N orway, 8 votes; Mr. Eo1co Nicholas van Kleffens, 1 vote; Mr. E. Maung, Burma, 1 vote; Mr. Ricardo Paras, Philippines, 2 votes; Sir Benegal Narsing Rau, India, 7 votes; Mr. Jean Spiropoulos, Greece, 1 vote, and Mr. Charles de Visscher, Belgium, 7 votes. 25. As members of the Security Council more than five candidates have obtained over name1y, Ml', Enrique Armand Ugon, Uruguay, has seven votes; Mr. Sergei Alexandrovitch Union of Soviet Socialist Republics, Ml'. Green Haywoocl Hackworth, United America, eleven votes; ML Helge Klaestad, eight votes; Sir Benegal Narsing Rau, votes; and Mr. Charles de Visscher, BelgiulU, votes. 26. The Security Council had to elect five of the International Court of Justice, and six have obtaineel more than six votes. It may not aU the six candidates will obtain a majority General Assembly, and that only five will l11ajority. In that case one of the possible woulel be for the Security Council simply nicate ta the General Assembly the names candidates who have obtained the largest votes. Another possible solution would Security Council to consider as elected those who obtained the highest number of "Votes voting, namely, ML Gohmsky with Mr. Haclcworth with eleven votes and Mr. with eight votes; and that another vote be taken ML Armand Ugon, who has seven votes, Rau who has seven votes, and ML Charles who has seven votes. 27. Another solution would be for the Security cil ta elect only two candidates by taking another to elect the two remaining candidates from all on the list, with the exception of those already at the first yoting. 28. Lastly, another solution would be for to repeat the voting entirely with a "View ta in e1ecting only five candidates. 29. Before continuing l should like to opinions of the members of the Councii on these ~'..Accordingly, if anf m~mber of the Councll r"':'Qmmellt to make, lt l11lght help towarcIs a

l think we should wait until we are infor111ed of the results of the first ballot in the General Assembly. 33. The PRESIDENT (translated fro11~ French): l should like to point out ta the representative of Yugoslavia that the officers of the General Assembly will not send us any official infot"mation until the election is over. 34. Mt". GROSS (United States of America): \Vithout obj ecting, of course, to the suggestion that we should have a brief recess, l should Iike to asle one question in order to c1arify a point. It is this. Did the Presidentinclude in his summary of alternatives the possibility of proceeding to another ballot at this time in oreler to see whether there i5 a redistribution of the votes as refiected in the first ballot?

vVhen l was stt111marizing the situation l said that one possibility would be ta have anotherballot, and that another possibility wOl11cl be to have a ballot in order to elect only two members, taking into consideration the fact that three of the candidates have received more votes than the other three. vVhen considering the second possibility l said that perhaps the new voting could be either restricted to the three members who have obtained an equal number of votes or, as there is 110 restriction in the Statute of the International Court of Justice, that it could take into consideration aIl the names on the list with the exception of the ones who have already received more votes. 36. Mr. GROSS (United States of America): l thank the President for his clarification. l intended to make no suggestion but merely to ask a question, and l believe the President has answerecl my question.

Tt follows from his explanation. that the President proposes that the Security Council should vote again on all the candidates, disregarding the fact that it has unquestionably e1ected three candidates already, that is the candidates who have received such a majority vote as to place their election beyond any doubt. 38. In these circumstances it i5 inconceivable what purpose would be served by voting again on aH the 39. While in the case of the remaining three who have each received seven votes the issue puted, it is not so in the case of the first three candidates. That being so, l should like the President ta his motive in proposing, as an alternative, that candidates should be voted upon again.

have pleasure in replying to the representative Union of Soviet Socialist Republics. 41. l have not made anydecision: l have not ruling, and the Council has not taken a l l11erely described the various possibilities of with the situation that should be taken into eration, and l asked the members of the Council ta express their opinions. The representative of the Union of Soviet Socialist Republics has opinion; but l have not yet expressed mine. 42. l believe that the representative of the Union should be satisfied with this Teply. 43. Ml'. CHAUVEL (France) (tmnslated French): Without wishingta anticipate the discussion we shaH be ableto have shortly, the French delel?;ation would be inc1ined ta think that the first three candidates, those who have obtained the greatest number should be regarcled as elected. 44. As, however, a similar situation might the General Assembly, l think it might be troublesome if the difficulty were cIealt with differently Security Council and the Assembly. l wonder, fore, whether it would not be useful for the officers the Council to get in touch with those of the before the meeting We are about to have and a common policy for the two bodies on the with which we are faced. 45. Ml'. TSARAPKIN (Union of Soviet Republics) (tmnslated tram Russian): Since has been proposed to enable the President.of rity Council to engage in consultations, l should p!ace on. record here and now the USSR delegation's Vlews wIth· regard to the procedure contemplated a view to resolving the c1eadlock which has arisen. . 46. In our view, the present situation has two The first is the fact that the Security Council has overwhe1ming majority elected three members 48. Hence, it is essential to record that the first three candidates have already been elected and that the taking ,of a second vote on these candidates is unjustified wholly baseless. ~l1ll Si lUS rè$ lis- 49. As regards the remaining three candidates who "have received an equal number of votes and onl~ 'of whom are to be e1ected, a second vote is admissible 'in their case. l shoulcl Iike these views of the Soviet Union de1egation to be taken into consideration. :>ot 'en )ll- )ur de sur ~o, The PRESIDENT (trans!ated trom Spanish) : In that case l shaH suspend the meeting for ten minutes. The 111.eeting 'toas s'Hspended at 5 p.m. and resumed rat 5.25 P.111.. :SI. The PRESIDENT (translated tram S panish) : During the interval l considered the matter personaHy ,and hearcl the view of some members of the Council the situation which has arisen. ré- [1lI' 'est (15- ion lire des Ile, '52. For my part, l believe that, in view of Articles and 13 of the Statute of the International Court J Llstice, since the Security Council is responsible electing five jndges of the Court, it would appear compatible with the Statute that the Security Council sh01.1ld submit to the General Assembly the names six candidates which it has chosen. 53. That is a ruling by the President, but l do insist on maintaining it. If, therefore, any member the Security Council is not in agreement with vre1iminary interpretation, he may appeal against decision, and l shaH submit that decision to the immediately. l repeat, so that there should be possible misunderstanding: l believe that in view Articles 8 and 13 of the Statute of the Comt, and view of the fact that it is our responsihility to e1ect permanent members of the Conrt, it wouId seem compatible with the Statute of the Conrt to submit names of six candidates to the General Assembly. Ille per Ire, 'ois bre ion me fût au ride :us· on· ,1re, eux 54. The alternatives to be submitted to the Security Council by myself will not, therefore, include possibility of our presenting six names to the General Assembly; hut if anyone has any observations to make about this criterion which l have established, l not insist on maintaining it, and l shaH naturaHy put to the vote immediately in accordance with the of procedure. IUC3 l'on Jré· sni· de , en ldre.,

l have just learnt that the first ballot. 111 General Assembly is concluded..The res~lts, whlch highly important to us, are 111 my J~dgment following: four candidates among the SIX who obtained an absolute majority in the Security Counctl have also obtained that absolute majority in the plen~ry meeting of the Assembly. As we are not condu~t1l1g e1ections according ta groups, but on each candidate ~cts de Ires 56. MI'. KURAL (Turkey): l shou1d like to ask whether the President or MI'. Bebler had the opportunity of hearing the names of those elected and those who fallo\ved with the greatest nllmber of votes. believe that this w0111d be of considerable assistance to us.

l have not up to the present received any official communication as to the names of those elected by General Assembly. 58. MI'. CHAUVEL (France) (translated frOl11, French): Thefact that a certain number of candidates have been validly designated by the Assembly may afforcl us a factllal indication which each one of may passib1y wish to take into account when a vote to be taken in the Security Council. l have not impression that we can draw a legal conclusion from that. For my own part, l doubt whether we can consider as legitimately elected, among our six candidates, four who already have the necessary nllmber of votes in the Assembly, simply because they are on both lists. IVe are supposed to supply two lists, and they have control over one another, because provision is made that, when one list does not coincide with the oth~r, shuttle must be established betweell the two bodies. That definitely presupposes that each of the two bodies establishes its list quite independently of the other, and that they then transmit them to one another. l therefore thinlc that it is quite in order for us individually, if vote again, to take into account the vote in Assembly. But as l understand it, it is a question fact and 110t of law.

l see that none of the members of the Security Council has appealed against my interpretation that it is fitting to submit the names of six candidates. l therefore regard that possibility as eliminated.

Without attempting challenge the ruling of the Chair, l should like to draw the attention of the Council to Article la oi.the Statute of the International Court of Justice, which seems appLy to this case. It says that those candidates who obtain an absolute majority of votes in the General Assembly and in the Security Council shal1 be considcred as elected. It does seem necessary to obtain absolute majority vote bath here and in the General Assembly. We have been informed that the e1ection has taken place there and that certain candidates have an absolute majority Qf yÇlt~§ ancl therefore, 62. l should therefore like to asle the representative India whether he will put his suggestion in the form a proposai which can be voted on.

l should like formally submit the following proposaI: "That the Security Couneil awaits the receipt of the result of the ballot the General Assembly before it talces a vote again this matter."

The members of the Council have now heard the definite proposai of the representative of India, and l shall that proposaI ta the vote immediately. n l' m Jr 65. l should merely like to reminel the members of Council of the provisions of Article 8 of the Statute the Court, which says: "The General Assembly and Secmity Coandl shall proceed independently of another to elect the members of the Court". lU lB .e,

l agree with the representative of France. l think the situation is as follows. The Security Council must produce names, ane! the General Assembly must also procluce five names. DoCltment A/1885-S/2352 submitted today by the Secretariat says that at this stage, the Sccurity Council has proe!uced five names and General Assembly has also produced five names, President of the Assembly will notify the Security Council of the five nan1es and, thereafter, the corresponding list fl"om the Secnrity Council will show which names have received an absolute majority in both places. Therefore l agree with the representative of France although the result of the first ballot in the General Asscmbly may have some value for us in making choice in our second ballot, it cannot determine that number of candidates are already definitely elected. ",'. 67. Our problem remains: to reduce to five the names which have obtained the requiredmajority of votes. There are various ways of doing this. President has suggested a few, and among those, perhaps others, we may choose, but it seems to me the Cotlncil must continue now with the work redtlcing six names to five. A suggestion has made that the three names which have obtained seven votes should be useel in the second ballot. My conscience is pained by. the suggestion, because should then be making distinctions a~llong se:ve~al peop.le, all of whoJl1 have obtained the reqU1red maJonty of To 111Y mind there are two possibilities,. either that submit the six candidates who have obta111ed more '~ :~. 69. Ml'. CHAUVEL (France) (translated French): The representatives of India and N etherlands have both referred ta l11Y opinion. say that of the two interpretations given by l would choose that of the representative of the lands. l consider, in effect, that the fact that has been made by the Assembly is only an indication to us of which wc l11ay talee note personal1y: but not constitllte a legal factor in the act that wc perform here. 70. The PRESIDENT (translated from Spanish): Idec1are the debate on the motion c1osed.We proceed ta vote on the Indian representative's proposaI. In favour: India, Yugoslavia. Against: China, France, Tllrkey, United Kingdom of Great Britain and Northern Ireland. Abstaining: Brazil, ECllador, Netherlands, Union Soviet Socialist Republics, United States of America. The proposai was rejected by 4 votes to 2, abstentions.

The proposai havillg been rej ected, wc are, as the sentative of the Netherlands said, faced with necessity of redllcing to five the number of candidates which the COl1ncil elects. l thinle there are two possibilities or methods of achieving that result, other alternatives are not thereby exc1uded. 72. In my opinion, the first possibility would the COllllCil, in view of the fad that six candidates obtained an absolute majority of votes, ta vote for five candidates. The second possibility, which of those referred to by myself as President representing my judgment as representative of Ecuador, has been vigorously supported by the representative the Soviet Union. l t is that, since three candidates ulldoubtedly obtained a greater number of votes the others, the Council should proceed ta elect only candidates. 73. It appears ta me that those are the two possibilities, and l suggest that the Council decide on one of them. l am therefore going ta that those members of the Council who consider the vote ShOllld be for five candidates should raise hands, unless the members of the Council prefer continue this discussion. :> actuelle· s. Il s'agit lit' ct'1ui·cj flone in;· tt"r ft celte '·1 r: 11111~ i,:'! "t'lll.mt de )llt l'tm et rt' ~ilùmtre . je chnj;i; :',",ifit~rt\ tu 1t.J.'f l'A,· d~~'n t n~}ü~ .i ... .:{~ n"bt 75. Consequently, if the question of a new only those three who received an equal nU111ber can be affected. The fact is that our probleminability at this moment to select five candidates - precisely because three of the candidates eqlml nUl11ber of votes, and not because the candidates received e1even, nine and eight tively. That is the situation, and there is no on al! six again. l repeat that our whole problem precisely on account of the three who received numher of votes: we must choose two tIll"ee, since. The Security Council shoulcl and not six members of the Court. ~n~1.s· a\"... ~n5 ',lWlA,n: Te "~'ntallt (le iIô. :"," l"r.iün r~~'>'t~~ ...'l·nis. 76. l repeat again, and l insist, that the have unquestionably heen chosen by the Security cil, and any further vote on those three incorrect procedure. We are not therefore eng-age in such a vote. The first three are contest. IVe have already voted for them. cloes remain a contest hetween the three who received an equal number of votes. Let {rom this situation by voting again on those l~~ ~:,r~';­ ,~~ ....,. ~:-:~';:":::r ;.'!~i lJ.1:~ ~l ;,,;h t~! ... ~~~.;: ~'ll ~~ 0.;X 77. Mr. VON BALLUSECK (NetherlandsJ: cannat quite fol1ow the representative of Union when he says that three members testably elected to this Council because ohtained respectively eight, nine and eleven should say that everybody who .has o1;>tained six votes or even who has obtal11ed SIX votes, is at this' moment elected. l read in document 5/2352, which '~as distributed to us this paragraph 17, WhlCh states: ~}~'~~:-,;::r ;:JX :, '.~ C:c·,~:] ~' q t, :-::,~~ li ~ "Those candidates who obtain an absolute of votes both in the General Assemhly Security Council will be considered as e1ected". ,'t~1"l:-:r ~~.\';':'; ~.~,"n~ n~" j,tt:-· 79. Therefore our criterion is not whether somebody has seven, eigh~) nine or eleven vo~es,. but wh~ther not he has ohtamed an absoll1te majonty. Sa It to me logical that we shol1ld submit those six once again to the Counci1 for another ballot.

Among the various solutions from which have to choose, there is none which l would particular1y, although l have a slight preference that proposed by the representative of the Netherlands. 81. l \Vou1d draw the attention of the Council following aspect of the Soviet Union proposaI. solution proposed by him raises a question of princip1e which exceeds rather considerah1y the scope of our cussion toc\ay. vVhat that solution ultimate1y amounts to is to ask us to deal \Vith the six candidates process of elimination, choosing those who obtained fewest votes. Today that procedure is simple, because we have three candidates who have received the votes, seven in each case. \i\That would happen insteac\ of three candidates who had obtained votes each, we had three candidates, one of whom received six votes, another seven votes, and the eight votes? \i\Toulc\ not the logic of the representative of the Soviet Union apply in that case?, WouId inform us that we could not choose the three canclidates because, after ail, some have obtained votes than the others? The logical conclusion arrived at in that case would be that canclidates who obtained the fewest votes would be automatically eliminated. 82. l wished to draw the attention of the Counci1 this point because it represents a problem which turn out to he important as constituting a precedent presenting a rule of a much more general character the case with which we are at present concernee!.

l it is clear to ail of us that the matter is not so that one can afford to indulge in dogma, and l c\o intend to do 50. l have respect for those who feel it is possible ta state firm conclusions without possibility of. doubt. }!myever, ,yhat impels me ta 111 general with the pl'lnclpl~ whlch has been so ably forward by the representahves of the Netherlancls o~ TttrkeJ: is that there does seem to be some ehfficulty 111 ~he way of atte!I1P.ti,ng to distinguish tween the slzes of the majontles. The question \~hether there ~s ~ majority or no majority, and slze of the majonty, at first sight at least, does seem ta be relevant; it certainly does not seem decisive. 84. ~t the same time, .paragraph 17 of the document ~o whlch. the representatlve of the Netherlands referred, lf rea~l hteral~y, of course cou~d result in the absurdity that SIX canchclates could recelve absolute majorities ?oth. the Security Council ancl the. General Assembly. fhel dore l merely refer to that 111 order to indicate that ail these rules and statements must be read 85. In saying that, l wish to repeat the full deference which l feel ta those who have indicated a contrary view. l l11ake this statement with the realization that the c1istinguished and competent J udge I-Iackworth has received a unanimous enc10rsement by the Council in the first ballot, but l do not think that any one of us at the table should permit considerations of this sort ta persuac1e thel11. l think that it woulc1 be more clearly understood generally by those who watch our proceedings if we \Vere ta ballot anew on the whole proposition.

The delegation of the USSR still insists that three of the candidates have already been unquestionably elected. 87. As a result of the discussion which has taken place here, it l11ight easily happen that a candidate who was elected the first time, having received more votes than any other, might recelve less votes in the new ballot and thus fail ta be electecl. That could very easily happen aHer the "consultations" which have taken place, and such il development would show that the second vote by the Secui'ity Council was a manœuvre. We have already votec1 according ta the Charter and we have already e1ccted our candidates. Of the candidates we have electec1 three have been e1ccted without question. To cast da'ubt on their election and make them submit to a new vote would, l maintain, be completely unfair and without justification. 88. There is no doubt that they have received a definite and overwhelming maj ority. 89. Our problem has arisen on account of the last three. These three received an equal number of votes. We now have ta choose two candidates outof these last three. Same members of the Council must reconsider their decision on the three, bearing in mind ~hat only two are ta be elected, so as to enable the Secunty C.ouncil to present a list of five members of the InternatlOnal Court. . 90. That is logical, but to call in ques~ion th~ el~ction of those who obtained an overwhelnung maJonty of 92. The question of a new vote arose because candidates had obtained the same number of votes. being so, we have to vote on them agai,n. nothing else we can do. But to suggest that candidates should be voted on again would be It means revising and reconsidering a decision already taken. . 93. The Security Council has already taken a It has elected Mr. Hackworth, Mr. Golunsky Mr. Klaestad by an overwhelming majority. maining duee have received a smaller number namely seven. They therefore must be voted on but there must on no account be another vote candidates, as the United States representative or even only six of them, as suggested by the lands representative. 94. The USSR delegation objects to those who received an overwhelming majority of votes also obliged to t1l1dergo re-eleetion. Their case has been settled. The USSR clelegation cannot permit matter upon which a decision has been taken reconsiderecl.

reply to the United States representative l wish out that l have confined myself to suggesting possibilities and l have not indicated a preference any one. l merely stated that, in my opinion, it fitting to send the names of the six candidates Assembly, and nothing more. 96. l am now suggesting that the two remaining possibilities would be to repeat the voting or, USSR representative proposes, to vote for those dates only who obtained fewer votes than the that is to say, for the two vacancies which remain lillecl. 97. l do not il1tend to take a decision on this but to ask the Council to vote upon it.

l agree l11uch withwhat the representative of the United said, namely, that this is not a matter on which be dogmatic. The situation is, as l see it, that very few rules to guide us in this matter. There much laid clown in the Charter, there is not much clown in the Statute of the Court, nor in our own of procedure. vVe have, l think, in fact only points to hold on to; one is that it is our job live Judges, and the other is that aIl these Judges have a majority of the votes in the Council. extent, therefore, within the framework of those points it seems to me that the Council is free on. t1~e procedure which it will adopt for the purpose electll1g the five Judges.

In order to move this matter forward, l should like formally to propose that the Council proceed now to take a ballot on all candidates. Before proposing that the motion be put to a vote, however, l should like to renew the request which was made, l think, by the representative of Yugoslavia that the Councilmight be informed regarding the state of the matter in the General Assembly.

The President has not yet received any official communication from the President of the General Assembly. l am informed that it is not yet in a position to give information on this subject.

shoulcl like to inquire whether the Secretariat can advise us when we may receive that information which several of us. have already received infonl1ally and which we \Voulel clesire to confirm. l would support the point of view previously expressed by the representative of France on the question of the inclependence of the Secnrity Council; but l should like to know whether it is possible for the Council to be informed with regard ta the state of this matter in the General Assembly. 1 1 .,

Yes; it is possible to say now that the Council will be infonned about the results of the e1ections in the General Assembly after the Council makes its own decision on the matter.

That \Vonld appear to pose a questioÎ1 of principle, and shoulcl have thought that a question of faet would be at the disposaI of the Council. l resp~et that i~dependen~e of action on the part of the Secunty Councl! and l dld not consider that my suggestion or request for information in any way cut across or impaired that proper respect for the independent action of the Security Conncil. Having said that l do not press my request for information. lOS. The PRESIDENT (translated fram S paJ~ish): vVe shal!now proc~ecl to vote upon the for.mal proposaI made by the Umted States representatlve. that the Conncil shall take another vote. for the electlOn of <:11 five candidates who are reql11red to be. e1eeted accordance with the Statute of the International Court of J ustïee. l will, however, first caU upon the representative of India. 107. It seems ta my delegation to be somewhat ta reconcile these three Articles, and before the establishes any precedent in this matter it would that we should be allowed more time for reflection. the opinion of my delegation no harm will be we have another short adjournment of, say, minutes, in order to. consider these matters necessary, to consult with our colleagues.

Is the representative of India presenting a formaI tion for suspension of the meeting or for its postponement ta another clay? 109. ML DAYAL (India): I propose that the he suspended for fifteen minutes,

In accordance with the rules of procedure of the rity Conneil, motions referring to the suspension meeting have priority over all other motions. therefore put to the vote the Indial1 representative's proposaI. 111. Will the representative of India be good ta state whether he is proposing suspension Îor a period or indefinitely?

My proposaI was pend this meeting for, say, fifteen minutes.

Representatives have heard the proposaI of the representative. We shall now vote upon it.

We shall now vote upon the proposaI of the States representative to take another vote for the tion by the Security Council of the five members International Court of Justice. In favour: Brazil, China, Ecuador, France lands, Turkey, United Kingdom of Great B;itain

l request the Secretariat to distrilmtc new ballot papers, 50 that we may proceed to the election of five members of the International Court of Justice, bearing in the names on the list of nominations. ~te la , à ·f , Cf;

l shall now announce the results of the vote. '}11~ : It ùi; 117. There were eleven ballot papers, ail of which valid. AlI the persons voted for were eligible and result of the voting is as follows: Mr. Armand Ugon, nine votes; Mr. Golunsky, seven votes; Mr. Hackworth, nine votes; Ml'. Klaestad, nine votes; Ml'. Paras, vote; Sir Benegal Rau, eight votes; and Ml'. Visscher, four votes. ,JllS U!1~ (e~ BVi:": La oel:e m,'- 118. l therefore declare elected by the Security Council as candidates for l11embership of the International of Justice the five persons who have obtained an absolute majority of votes, namely, Ml'. Armand Mr. Golunsky, Ml'. Hackworth, Ml'. Klaestad and Benegal Rau. Jt ~-;;. Lr. ù1»* 119. Furthermore, the Secretariat has just handed a note from the President of the General Assembly informing me that the Assel11bly has elected as mel11bers of the International Court of Justice Ml'. Armand Ml'. Golunsky, ]VIl'. Hackworth, Mr. Klaestad and Benegal Rau. ~'.:r :.m; ~':l ;t::tr· 120. As the same candidates have been e1ected uy the Security Council and the General Assembly, l am sure that the President of the Assembly will declare that the five gentlemen chosen by both these organs elected members of the International Court. :~:::'t !':;. 121. Ml'. BEBLER (Yugoslavia) (translated FI'ench): l do not understand why the Presldent General Assembly should be the one to make announcement. Could not the President of the Security Counci1 do so here? The two organs are on an footing and have similar powers. ~ ~.~ ~--~~- ;:-:

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