A/RES/904(IX) GA

RESOLUTIONS ADOPTED WITHOUT REFERENCE TO A COMMITTEE CONTENTS Page 903 (IX). Question of the representation of China in the General Assembly (21 September 1954) .. . . . . . . . . . .. . . .. . . . . . . . .. .. .. .. .. . . .. . . . .. . . .. . 55 904 (IX). Voting procedure on questions relating to reports and petitions con- cerning the Territory of South West Africa: request for an advisory opinion from the International Court of Justice (23 November 1954) (item 34) . . . 55 905 (IX). Report of the Security Council (4 December 1954) (item 11) . . . . . . 56 906 (IX). Complaint of detention and imprisonment of United Nations military personnel in violation of the Korean Armistice Agreement ( 10 December 1954) (item 72) . . . .. . .. . .. .. . .. . .. .. .. . .. .. .. .. . . .. . . .. .. .. . .. .. .. . 56 907 (IX). Appointment of members of the Peace Observation Commission ( 11 December 1954) (item 24) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . 56 903 (IX). Question of the representation of China in the General Assembly The General Assembly Decides not to consider, at its ninth regular session during the current year, any proposals to exclude the representatives of the Government of the Republic of China or to seat representatives of the Central People's Government of the People's Republic of China. 473th plenary meeting, 21 September 1954. 904 (IX). Voting procedure on questions relating to reports and petitions concerning the Ter- ritory of South West Africa: request for an advisory opinion from the International Court of Justice The General Assembly, Having accepted, by resolution 449 A (V) of 13 December 1950, the advisory opinion1 of the Interna- tional Court of Justice of 11 July 1950 with respect to South West Africa, Having regard, in particular, to the Court's opinion on the general question, namely, "that South-West Africa is a territory under the international Mandate assumed by the Union of South Africa on December 17th, 1920", and to the Court's opinion on question (a), namely, "that the Union of South Africa continues to have the international obligations stated in Article 22 of the Covenant of the League of Nations and in the Mandate for South-West Africa as well as the obligation to transmit petitions from the inhabitants of that Territory, the supervisory functions to be exer- cised by the United Nations, to which the annual reports and the petitions are to be submitted, and the reference to the Permanent Court of International 1 See International Status of South West Africa, Advisory Opinion: I.CJ. Reports 1950, p. 128. 65 Justice to be replaced by a reference to the Inter- national Court of Justice, in accordance with Article 7 of the Mandate and Article 37 of the Statute of the Court;", Having expressed, in resolution 749 A (VIII) of 28 November 1953, its opinion "that without United Nations supervision the inhabitants of the Territory are deprived of the international supervision envisaged by the Covenant of the League of Nations" and its belief "that it would not fulfil its obligation towards the inhabitants of South West Africa if it were not to assume the supervisory responsibilities with regard to the Territory of South \Vest Africa which were formerly exercised by the League of Nations", Having regard to the opinion of the International Court of Justice that "The degree of supervision to be exercised by the General Assembly should not ... exceed that which applied under the Mandates System, and should conform as far as possible to the procedure followed in this respect by the Council of the League of Nations" and that "These observations are par- ticularly applicable to annual reports and petitions", Having adopted, by resolution 844 (IX) of 11 Oc- tober 1954, a special rule F on the voting procedure to be followed by the General Assembly in taking decisions on questions relating to reports and petitions :oncerning the Territory of South West Africa, Having adopted this rule in a desire "to apply, as far as possible, and pending the conclusion of an agreement b~tween the United Nations and the Union of South Africa, the procedure followed in that respect by the Council of the League of Nations", Considering that some elucidation of the advisory opinion is desirable, Requests the International Court of Justice to give an advisory opinion on the following questions : " (a) Is the following rule on the voting procedure to be followed by the General Assembly a correct 56 General Auembly - Ninth SeNion interpretation of the advisory opinion of the Inter- national Court of Justice of 11 July 1950: " 'Decisions of the General Assembly on questions relating to repo,·ts and petitions concerning the Ter- ritory of South West Africa shall be regarded as im- portant questions within the meaning of Article 18, paragraph 2, of the Charter of the United Nations.'" " ( b) If this interpretation of the advisory opinion of the Court is not correct, what voting procedure should be followed by the General Assembly in taking decisions on questions relating to reports and petitions concerning the Territory of South West Africa?" 501st plenary meeting, 23 November 1954. 905 (IX). Report of the Se4:urity Council The General Assembly Takes note of the report2 of the Security Council to the General Assembly covering the period from 16 July 1953 to 15 July 1954. 503rd plenary meeting, 4 December 1954. 906 (IX). Complaint of detention and imprison• ment of United Nations military personnel in violation of the Korean Armistice Agree- ment The General Assembly, Having considered the item proposed by the United States of America as the Unified Command regarding eleven members of the United States armed forces under the United Nations Command captured by Chinese forces when undertaking a mission on 12 January 1953, at the direction of the United Nations Command, 2 See Official Records of the General Assembly, Ninth Ses- sion, Supplement No. 2. Recalling the provisions of article III of the Korean Armistice Agreement3 regarding the repatriation of prisoners of war, 1. Declares that the detention and imprisonment of the eleven American airmen, members of the United Nations Command, referred to in document A/2830,' and the detention of all other captured personnel of the United Nations Command desiring repatriation is a violation of the Korean Armistice Agreement ; 2. Condemns, as contrary to the Korean Armistice Agreement, the trial and conviction of prisoners of war illegally detained after 25 September 1953; 3. Requests the Secretary-General, in the name of the United NationsvJ:o seek the release, in accordance with the Korj:an Armistice Agreement, of these eleven United Nations Command personnel, and all other cap- tured personnel of the United Nations Command still detained; 4. Requests ilie Secfetary-General to make,. by the means most appropriate in his judgment, continuing and unremitting efforts to this end and to report progress to all Members on or before 31 December 1954. 509th plenary meeting, 10 Decem;ier 1954. 907 (IX). Appointment of members of the Peace Observation Commission The General Assembly Appoints as members of the Peace Observation Com- mission, for the calendar years 1955 and 1956, the following fourteen States Members: China, Czechoslo- vakia, France, Honduras, India, Iraq, Israel, New Zealand, Pakistan, Sweden, the Union of Soviet So- cialist Republics, the United Kingdom of Great Britain and Northern Ireland, the United States of America and Uruguay. 510th plenary meeting, 11 December 1954. 3 See Official Records of the Security Council, Eighth Year, Supplement for July, August and September 1953, document S/3079. 4 See Official Records of the General Assembly, Ninth Ses- sion, Annexes, agenda item 72.

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