General Assembly Session 51 meeting 98

The President

The General Assembly will now proceed to the election of 11 judges of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 for a four-year term of office commencing on 17 November 1997.

At the previous election of judges, in 1993, in accordance with article 13, paragraph 4, of the Statute of the International Tribunal, 11 judges were elected for a term of four years. The terms of office of the judges began on 17 November 1993 and will expire on 16 November 1997.

In connection with the election, I should like to bring the following matters to the attention of the General Assembly:

First, according to article 13, paragraph 2, of the Statute of the International Tribunal, the 11 judges of the International Tribunal shall be elected by the General Assembly from a list of candidates submitted by the Security Council.

At its 3763rd meeting, on 8 April 1997, the Security Council, in accordance with article 13, subparagraph 2 (c), of the Statute of the International Tribunal, established in resolution 1104 (1997) a list of 19 candidates, taking due account of the adequate representation of the principal legal systems of the world. The list was formally conveyed to the President of the General Assembly by letter dated 8 April 1997 from the President of the Security Council. The letter was issued as document A/51/867.

Secondly, in accordance with article 13, subparagraph 2 (a), of the Statute of the International Tribunal, the Holy See and Switzerland, the two non-member States which were invited to nominate judges for the International Tribunal, shall participate in the election in the same manner as the States Members of the United Nations. On this occasion, I am happy to welcome here the representatives of the Holy See and Switzerland.

Finally, I should like to draw the attention of the Assembly to the documents relating to the election. The memorandum by the Secretary-General concerning the election of judges of the International Tribunal is contained in document A/51/877. The list of candidates is to be found in paragraph 6 of document A/51/877.

I should like to inform the Assembly that the Permanent Representative of Qatar to the United Nations has informed me, in a letter dated 19 May 1997, that Mr. Masoud Mohamed Al-Amri does not wish to be considered as a candidate. Accordingly, the name of Mr. Masoud Mohamed Al-Amri has been deleted from the ballot paper.

The curricula vitae of the candidates are to be found in document A/51/878. In that connection, may I bring to Members' attention the provision of article 13, paragraph 1, of the Statute of the International Tribunal, which reads as follows:

"The judges shall be persons of high moral character, impartiality and integrity who possess the qualifications required in their respective countries for appointment to the highest judicial offices. In the overall composition of the Chambers due account shall be taken of the experience of the judges in criminal law, international law, including international humanitarian law and human rights law."

As delegates know, the election of judges will take place in accordance with the relevant provisions of article 13 of the Statute of the International Tribunal. In addition, given the similar nature of the election of judges of the International Court of Justice and the election of judges of the International Tribunal, it was decided at the time of the previous election of judges in 1993 to follow similar election procedures in the General Assembly. In his memorandum, the Secretary-General suggests that this precedent be applied to the election of judges of the International Tribunal.

If I hear no objection, may I take it that the Assembly agrees to that suggestion?

The President

In accordance with article 13, subparagraph 2 (d), of the Statute of the International Tribunal, the candidates who receive an absolute majority of the votes of States Members of the United Nations and of the non-member States maintaining permanent observer missions at United Nations Headquarters shall be declared elected.

The consistent practice of the United Nations has been to interpret the words "absolute majority" as meaning a majority of all electors, whether or not they vote or are allowed to vote. The electors, for this purpose, are all the Member States (185) and the two non-member States: the Holy See and Switzerland. Accordingly, 94 votes constitute an absolute majority for the purpose of electing judges of the International Tribunal.

If, in the first ballot, fewer than the required number of candidates obtain an absolute majority, a second ballot will be held and balloting will continue until the required number of candidates obtains an absolute majority.

Following the practice in the election of judges of the International Court of Justice, the Secretary-General suggests in his memorandum that subsequent balloting should be unrestricted -- I repeat, that subsequent balloting should be unrestricted.

It is further suggested that, if more than the required number of candidates obtain the absolute majority of votes in the first ballot, in accordance with the practice followed in the elections of the judges of the International Court of Justice, a second ballot be held on all candidates and balloting continue until the required number of candidates, and no more, obtains an absolute majority.

If I hear no objection, may I take it that the Assembly agrees to the procedures I have just outlined?

The President

I call on the representative of Mexico.

Mr. Tello (Mexico)

On the occasion of today's election of judges of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1 January 1991, my delegation wishes to state the following:

The Government of Mexico reaffirms its commitment to international humanitarian law and the importance it attaches to compliance therewith. We condemn all violations of international humanitarian law committed in the territory of the former Yugoslavia or anywhere else in the world, and are convinced that the international community should continue to strive to safeguard its full observance in accordance with the means available under international law.

Apart from all this, we believe that, in adopting the decision to establish the International Tribunal for the former Yugoslavia, the Security Council acted beyond its sphere of competence. The United Nations Charter contains no provision substantiating the competence of any of its principal organs to implement binding jurisdictional mechanisms of this sort. That is why, as in 1993, my delegation will not participate in the election of judges to the Tribunal.

The President

I call on the representative of the Holy See.

Archbishop Martino (Holy See)

The Holy See has followed with great interest the work of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1 January 1991.

This interest is a natural consequence of the efforts of the Holy See, culminating in the visit to Sarajevo by His Holiness Pope John Paul II on 12 and 13 April this year, to work for peace, justice and lasting reconciliation in that area, which has undergone so much bloodshed and instability. But real peace and reconciliation must be grounded in a profound respect for each and every human person. For that reason, Pope John Paul II recently stated:

"The Holy See supports every effort to establish effective juridical structures for safeguarding the dignity and fundamental rights of individuals and communities."

The International Tribunal must therefore be seen as an expression of the condemnation by the international community of particularly serious violations of the most basic elements of human rights and dignity.

The Holy See welcomes the provisions of the Statute of the International Tribunal found in article 13, subparagraphs 2 (a) and (d), which acknowledge its participation in the nomination and the voting for judges for the Tribunal, consistent with its status as a non-member State maintaining a permanent observer mission at United Nations Headquarters.

However, in consideration of its specific nature and of its objectives, and according to the recognized praxis in similar cases, the Holy See has decided to abstain from casting its vote on the individual candidates to the office of judge of the International Tribunal.

The President

We shall now proceed with the election.

The voting process has now begun.

Representatives are requested to use only the ballot papers now being distributed. Only those candidates whose names appear on the ballot papers are eligible for election. Representatives will indicate the 11 candidates for whom they wish to vote by placing crosses to the left of their names on the ballot papers. Ballot papers on which more than 11 names are marked will be considered invalid. Votes may be cast only for those whose names appear on the ballot papers.

The President

The result of the voting is as follows:

Number of ballot papers: 166 Number of invalid ballots: 1 Number of valid ballots: 165 Abstentions: 2 Number of members voting: 163 Required absolute majority: 94 Number of votes obtained: Mr. Antonio Cassese (Italy) 146 Mr. Richard George May (United Kingdom of Great Britain and Northern Ireland) 129 Mr. Mohamed Shahabuddeen (Guyana) 127 Mr. Wang Tieya (China) 123 Mr. Claude Jorda (France) 119 Ms. Gabrielle Kirk McDonald (United States of America) 118 Mr. Fouad Abdel-Moneim Riad (Egypt) 118 Mr. Lal Chand Vohrah (Malaysia) 113 Mr. Rafael Nieto Navia (Colombia) 96 Mr. Almiro Simões Rodrigues (Portugal) 89 Ms. Florence Ndepele Mwachande Mumba (Zambia) 85 Ms. Elizabeth Odio Benito (Costa Rica) 83 Mr. George Randolph Tissa Dias Bandaranayake (Sri Lanka) 76 Mr. Saad Saood Jan (Pakistan) 71 Mr. Jan Skupin'ski (Poland) 66 Mr. Adolphus Godwin Karibi-Whyte (Nigeria) 62 Mr. Daniel David Ntanda Nsereko (Uganda) 48 Mr. Babiker Zain Elabideen Elbashir (Sudan) 47

The President

The following nine candidates, having obtained an absolute majority, are elected members of the International Tribunal for a four-year term beginning 17 November 1997: Mr. Antonio Cassese (Italy), Mr. Claude Jorda (France), Mr. Richard George May (United Kingdom of Great Britain and Northern Ireland), Ms. Gabrielle Kirk McDonald (United States of America), Mr. Rafael Nieto Navia (Colombia), Mr. Fouad Abdel-Moneim Riad (Egypt), Mr. Mohamed Shahabuddeen (Guyana), Mr. Lal Chand Vohrah (Malaysia) and Mr. Wang Tieya (China).

There remain two seats to be filled. The Assembly will now proceed to another ballot to fill the remaining two vacancies. In accordance with the decision taken earlier, that ballot shall be unrestricted. Only those candidates whose names appear on the ballot papers are eligible for election. The names of the following nine candidates, who have already obtained an absolute majority of votes have been deleted: Mr. Antonio Cassese, Mr. Claude Jorda, Mr. Richard George May, Ms. Gabrielle Kirk McDonald, Mr. Rafael Nieto Navia, Mr. Fouad Abdel-Moneim Riad, Mr. Mohamed Shahabuddeen, Mr. Lal Chand Vohrah and Mr. Wang Tieya.

Once again, I would remind delegations that only the names of two candidates shall be marked with a cross. Any ballot paper on which more than two names are marked will be considered invalid. Votes may be cast only for those whose names appear on the ballot papers.

The President

The result of the voting is as follows:

Number of ballot papers: 166 Number of invalid ballots: 3 Number of valid ballots: 163 Abstentions: 3 Number of members voting: 160 Required absolute majority: 94 Number of votes obtained: Mr. Almiro Simões Rodrigues (Portugal) 63 Ms. Florence Ndepele Mwachande Mumba (Zambia) 54

Ms. Elizabeth Odio Benito (Costa Rica) 50 Mr. George Randolph Tissa Dias Bandaranayake (Sri Lanka) 38 Mr. Saad Saood Jan (Pakistan) 36 Mr. Jan Skupin'ski (Poland) 24 Mr. Adolphus Godwin Karibi-Whyte (Nigeria) 22 Mr. Babiker Zain Elabideen Elbashir (Sudan) 15 Mr. Daniel David Ntanda Nsereko (Uganda) 12

The President

Since no candidate has obtained an absolute majority, the Assembly will have to proceed to another unrestricted ballot to fill the remaining two vacancies. In view of the lateness of the hour, we will continue with the balloting this afternoon.