S/PV.681 Security Council

ln accotdance with Article 15 of the Statute of the International Court of Justice, the term of office of the member elected in the place of Sir Benegal Rau will expire on 5·February 1961. 7. Articles 2, 5, 8, 9, 10, 11 and 12 of the Statute of the International Court of Justice set forth the general methorls for the fust election and Article 14 provides that the Security Council should hold elections to :lm vacancies in accordance with that method. 8. The curricu/a l'itae of the candir'.Ltes are contained in docUt"llents S/3270 and Corr.l, S/3270/Add.l and 2. 9. The S~retariat will distribute the ballot papers. Ballot papers on which more names thhn one are marked will be invalid. Votes for persons not on the list of candidates will likewise be invalid. In accordance with Article 10, paragraph l, of the Statute, a candidate who obtains an absolute majority of votes in the General Assembly and in the Security Council will be considered elected as a member of the (.Jurt. The candidate who receives six or more votes will be considered elected by the Security Council. 10. We shall now proceed to the vote. A vote was taken by secret ballot. Numberofballot papers: 11 InvafuJbal/ots' 0 Numhe~ cfva/iJballots: Il Number ofmembers voting: 11 Requiredmajority: 6 Number ofvotes obtained: Mr. Mohammad Zafrulla Khan (pakistan) 6 Mr. Radhabinod Pal (India) 5 Il. The PRESIDENT: 1 declare Mr, Zafrulla Khan elected by the Security Council. The General Assembly will be informed immediately of his election. We sball shortly receive word by lctter from the President of the General Assembly regarding the results of the balloting in the Assembly. 12. 1 have just received a letter from the President of the General Assembly informing me that Mr. Zafrulla Khan of Pakistan has received the required majority in the voting in the General Assembly. As the same candidate has received the required majority in the Security Council, 1 am sure that the President of the General Assembly will declare him elected to the International Court of Justice. Election of five members of the Intemational Court of Justice (S/3281 and Add.l to 4,. 8/3293)

The Council will now proceed to the next item on OUI agenda-the election of five members of the International Court of Justice, in accordance with article 13, paragraph l, of the Statute, to fill the five seats which will become vacant on 5 April 1955, le suivre. .. A vote was taken by secret ballot. Numberofballotpapers: Il lnvalidballots: 0 Number ofvaUdballots: Il Number ofmembers voting: Il Rcquiredmajority: 6 Number ofvotes obtained: Mr. JuIes Basdevant (France) 10 Mr. Hersch Lauterpacht (United Kingdom) 9 Mi. Roberto C6rdova (Mexico) 8 Mr. José G. Guerrero (El Salvador). . . . . . . 7 Mr. Lucio M. Moreno Quintana (Argentina) 7 !\..fr. Charles de Visscher (Belgium). . . . . . . . 6 Mr. Shigeru Kuriyama (Japan) 2 Mr. RicardoJ.Alfara(panama) 1 Mr. Raul Sapena Pastor (paraguay) l Mr. Georges Sauser-Hall (Switzerland). . . . 1

The following candidates have received the required majority: Mr. Basdevant, Mr. Lauterpacht, Mr. C6rdova, Mr. Guerrero, Mr. Moreno Quintana and Mr. de Visscher. 18. We shall now proceed to a second vote. Since there are only five vacancies to be filled, members are requested to vote only for that number of candidates. Ballot papers containing the names of more tha.n five candidates will bi:l regarded as invalid. Members may vote for anyone on the list of candidates. didats devant, M. 18. Comme membres candidats. candidats peuvent la A vote !Vas taken by secret ballot. Number of ballot papers: Il InvaUd ballots: 0 Number of vaUd ballots: Il Number ofmembers voting: Il Requiredmajority: 6 Number of votes obtained: Mr. Jules Basdevant (France) .. . . . . . . . . . . 10 Mr. Roberto C6rdova (Mexico) .. . . . . . . . . 8 Mr. José G. Guerrero (El Salvador) 8 Mr. Hersch Lauterpacht (United Kingdom) 8 MT. Lucio M. Moreno Quintana (Argentina) 7 Ml". Charles de Visscher (Belgium). . . . . . . . 7

As only five vacancies rernain to be filled, we shall have to vote again. Representatives are requested to vote only for that number of candidates. Ballot papers with more than five names will be considered invalid. A vote was taken by secret ballot. Number of ballot pape,-s: Il Invalid ballots: 0 Number ofvalid ballots: Il Number ofmembers voting: Il Requiredmajority: 6 Number ofvotes obtained: Mr. Jdes Basdevant (France)........... 9 Mr. Roberto Cordova (Mexico). . . . . . . . . . 8 Mr. Hersch Lauterpacht (United Kingdom) 8 Mr. Lucio M. Moreno Quintana (Argentina) 7 Mt. Charles de Visscher (Belgium). . . . . . . . 7 Mr. José G. Guerrero (El Salv~dor). . . . . . . 6 Mr. Ricardo J. Alfaro (panama) 2 Mr. Shigeru Kuriyama (Japan) 2 Mr. RaUl Sapena Pastor (paraguay) . . . . . . 2

Since there are only five vacancies to be filled, the Security Council must prm:eed to another vote. Members are requested to vote for five candidates on1y. Ballot papers contaîning the names of more than five candidates will be regarded as invalid. A vote was taken by secret ballot. Nwnher of ballot papas: Il InvaUd ballots: 0 Number ofvalid ballots: Il Number ofmemhers voting: 11 Requiredmajority: 6 Nwïiber of l'otes obtairl€d: Mr. Jules Basdevant (France).".... . . . . . . . 9 Mr. Roberto COTdova(Mexico).......... 9 MT. Herscb. Lauterpacht (United Kingdom) 8 Mr. LucioM.MorenoQuintana(Argentina) 8 Mr. José G. GueTTero (El Salvador). . . . . . . 5 MT. Charles de Visscher (Belgium). . . . . . . . 5 MT. Ricardo J. Alfaro (panama) .. . . . . . . . 2 MI. RaUl Sapena Pastor (paraguay) . . . . . . 2 MT. ShigeruKuriyama(Japan) 1 Mr. Choum Cardahi (Lebanon) ., . . . . . . . 1 Mr. Georges Sanser-Hall 1

The candidates who received the required majority are the followin.g: MT. Basdevant, MT. Cordova, MT. Lauterpacht and MT. Moreno Quintana. As only four candidates have been elected, we shall have to vote again.Those four candidates have received the necessary number of votes in the Council; the Assembly is voting at the same time, and must elect the same candidates. If the elected candidates are the same, the President of the General Assembly will declare them elected. 1 am sure that the President of the Assembly will declare those four elected.

There is a point on which 1 have some doubt. and though 1 ought not perhaps to say anything about it at present. since we are now going to vote for a single candidate only, 1 wonder whether we have proceeded as wc really ought to have done; because Article 10 of the Statute of the Court says very clearly: " Those candidates who obtain an absolute majority of votes in the General Assembly and in the Security Couneil shall be considered as elected." 25. Now it might very ,,'ell be the case that while we were voting-I recall that six candidates rbtained a majority in the Council-five of the candidates had already secured an absolute majority in the Assembly. Theoretically, five of the candidates should have been declared elected half an '/lour ago. 1 hope the system we have adopted of continumg with the voting will enab~e us to arrive at some result, but suppose the fifth candidate whom we have now to select does not obtain a majority, although he had one halfan hour ago and also a majority in the Assembly. What will the situation be then? But that is a question for the future. Let us at present, as agreed, vote for one candidate, though 1 am not very sure of the procedure.

The balloting we had previously was necessary because there were six candidates elected, which is one too many. 1wish to call attention to Article 8 of the Statute of the International Court of Justice, which states: "The General AsseœlJly and the Security COUDcil shall proceed independently of one another to elect the members of the Court." 27. We will not know what has happened in the General Assembly until we receive a message from the President of the General Assembly. In my view, we have to vote in the Security Council until we have elected five candi.; dates with the necessary majority of six votes.. We now have four candidates elected, and therefore one more ballot is necessary in order to elect the fiftn candidate. When we have obtained that result, then, independently of the General Assembly, we shall have fu1fil1ed what is required of us by the Statute of the International Court of Justice, that is, electing five judges with the necessary majority. If the two organs of the United Nations do not elect the same number, there are special rules which apply in that case.

1 sUPi--.Jrt the interpretation just given by the President. 1 might add that at the time when six candidates had obtained an absolute majority in the Security Couneil, . none of them could be elected, because, since the number of seats to be filled was five, only five 01 fewer candidates 1

1am sorry to have to insist, but this question and its interpretation have been the subject ofso many studi,es and articles that 1 think it may be of value, especially for future reference, to clarify the issue. 30. Our interpretation, which is different, is as follows. It is nowhere provided that only five candidates may obtain a majority in the Security Council and the General Assembly. On the contrary, the rules seem to me to indicate that if, at any given time, six candidates have obtained a majority, it would be quite in order for the COUDcil to communicate that result to the Assembly. These candidates will not have been elected. Only if five of the six candidates also obtain a majority in the Assembly will they he elected. But 1 do not see why the Security COUDcil should not inform the General Assembly -.,.and there is nothing in the Statute to stop it from doing so-that, in an election which has just taken place, sueh-and-such candidates have obtaintld an absolute majority, Article 10 of the Statute of the Court does not require anything dse. 31. 1 believe, therefore, that ifin future a situation again arises in which six candidates obtain an absolute majority in the Couneil, the Couneil should eommunicate that result to the Assembly in accordance with Article 10 of the Statute. If two, thre-e, four or five of the candidates obtain a majority in the Assembly, there will bl;' no difficulty. The only case in which a fresh ballot might have to he taken would be if six candidates reeeived a majority vote in both the Assembly and the Council. But where six candidates received an absolute majority in the Couneil and five in the A!:sembly, the five who received a majority onboth organs should be elected. 32. 1 would therefore suggest that, in future, consideration might re given to the possibility of asking the President of the General Assembly and the President of the Security Council to exchange letters after each ballot. The fact is that, although the General Assembly and the Security Council each conduct the election independently of the other, we must make sure whether at any particular time the requirements of Article 10 are satisfied, as was the case several times today. 33. 1 do not, however, raise the matter with regard to what has already taken place, and my observations are made with a view to the future. At the present time, 1 agree with the President that the Council should proceed to elect a candidate for the fifth seat remaining to he filled.

Since the representative of Colombia dœs not insist that any new decision should be taken, we sùall proceed with the voting. 1 should like to inform him, however, that we have acted today in accordance \Vith the procedure which we followed in Paris in 1951.

Mr. Guerrero has obtained the necessary majority in the Council, and 1 shall now inform the President of the General Assembly of the result of the Council's vote. 37. 1 have received a letter from the President of the General Assembly stating that the same five candidates have received al absolute majority in the Assembly. The election of judges to the International Court of Justice has therefore been completed. The meeting rose at 1.5 p.m. FINLAND - FINLANDE kauppa, 2 Keskuskatu, AUSTRAUA - AUSTRALIE : H. A. Goddard Ply., Ltd., 255a George Street, Sydney, N.S.W. Melbourne University Press, Carlton N. 3 (Victoria). FRANCE : Editions A. Paris V'. AUSTRIA - AUTRICHE : Gerold & Co., J. Graben 31, Wien 1. B. WUlIcrstorff, Book Import and Subscriptlon Agcncy, Markus SiUlkussL'"llSSe 10, Salzburg. GERMANY - ALLEMAGNE: Ehvert & Meurer, ScMneberg. W. E. Saarbach, G.m.~.H., handel, Gcrconstrasse, Alexander Ho;n, Spiegelgasse BELGlUM - BELGIQUE : Agence ct Messageries de la Presse S. A., 14-22 rue du P=i1, Bruxelles. W. H. Smith & Son. 71·75 bd Adolphe-Max, Bru."elles. GREECE - GR~CE Stadion Street, Athens. BOUVIA - BOUV!E: Librer;a Selccciones. Empresa EditClra .. La Razôn ", Casilla 972. La Paz. HAITI : Max Bouchereau, velle", Boite poslale HONDURAS: Libreria Fuente. Tegucigalpn. BRAZIL - BRÉSIL : Livraria Agir. Rua Mexico 98·B, CaL",a Postal 3291. Rio de JllIIeiro, D.F. HONG KONG : Swindon Road, Kowloon. CAlI-mODIA - CAMBODGE : Papeterie-Librairie nouvelle, Albert Portail, 14 av. Boulloche, Pnom·Penh. lCELAND - ISLANDE: Eymundsonnar. Austurstreti CANADA : The Rycrson Press, 299 Queen Strect West, Toronto, Ontario. Periodica, 5112 av. Papineau, Montréal 34. INDIA - INDE: Oxford Company. Scindia Howe, P. Varadachary & Madras 1. CEYLON - CEYLAN: The Associated Newspapers of Ceylon, Ltd., Lake House, Colombo. INDONESIA - INDONÉSŒ gunan, Gunung Sahnri 84. CHILE - CHILI : Llbrcria Ivens, Calle Moneda 822, Santiago. Editorial deI Pacilico. Ahumada 57, Santiago. IRAN : Ketab Khaneh Teheran. CIDNA - CHINE : The World Book Co., Ltd., 99, Chung King Road, !st Se<:tion, Taipeh, Taiwan. The Commercial Press, Ltd., 170 Liu Li Chang, Peking. IRAQ - IRAK: Mackenzie's sellers and Stationers, ISRAEl. : Blumslein's Bookstores, Road. P.O.B. 4154, Tel COLOMBIA - COLOMBŒ : Libreria Nacional, Ltda., 20 de Julio. San Juan·Jesus, Baranquilla. Librcria Buchholz Gaie.ia, Av. Jimenez de Quesada 8-40, Bogotà. Libreria América, Sr. Jaime Navarro R., 49-58 Calle 51, Medellin. ITALY - ITALIE: Sansoni, Via Gino Capponi JAPAN - JAPON: Maruzen Nichomc. Nihonbashi, P.O.B. 605, Tokyo Central. LEBANON - LIBAN: Beyrouth. COSTA RICA: Trejos Hermanos, Apartado 1313, San José. LmERIA: Mr. Jacob and Front Streets, Monrovia. CUBA: La Casa Belga, René de Smedt, O'Reilly 455, La Habana. LUXEMBOURG: Librairie Guillaume, Luxembourg. CZECHOSLOVAKIA - TCHÉCOSLOVAQUŒ : Ccskoslovensky Spisovatel, Nàrodni Trida 9, lTaha I. MEXICO - MEXIQUE Ignacio Mariscal 41, Mexico, . DENMARK - DANEMARK: Messrs. Einar Munksgaard. Ud., Norregade 6, Kobenhavn. NETHERLANDS - PAYS-BAS: Nijhoff. Lange Voorhout DOMlN1CAN REPtiôUC - RÉPUBUQ1.lE DOMINICAINE: Libreria Dominicana. Calle Mercedes 49, Apartado 656. Ciudaà Trujillo. NEW ZEALAND - The United Nations Association G.P.O. 1011, Wellington. ECUADOR - ÉQUATEUR : Libreria Cientilica Bruno Moritz, Casilla 362, Guayaquil. NICARAGUA: Dr. Ramiro de Publicaciones, Managua EGYPT - ÉGYPTE : Librairie .. La Renaissance d'Egypte ". 9 Sharia Adly Pasha, Cairo. NORWAY - NORV~GE: ForIag. Kr Augustsgt SaIes Section, European Office of the United Nations, Palais des Nations, GENEYA (Switzerland) or SaIes and Circulation Section, United Nation., NEW YORK (U.S.A.) Printed in Franee Priee: $U.S. 0.10; 9 (or equivalent in