BUDGET, STAFF CUTS PUT STRAIN ON INTERNATIONAL COURT OF JUSTICE, COURT PRESIDENT TELLS GENERAL ASSEMBLY

27 October 1997

Press Release
GA/9336

BUDGET, STAFF CUTS PUT STRAIN ON INTERNATIONAL COURT OF JUSTICE, COURT PRESIDENT TELLS GENERAL ASSEMBLY

19971027 Work of Judicial Body Applauded; Delegates Urge Provision Of Adequate Resources To Enable It to Meet Responsibilities

The International Court of Justice faced a heavy caseload under severe financial constraint, the General Assembly was told this morning by the President of the Court, Justice Stephen M. Schwebel, as he introduced the Court's annual report. He said the Court had suffered severely in the last financial biennium from budget and staff cuts, and resources were barely sufficient to meet the costs of dealing with pending cases.

Justice Schwebel said the Court was developing proposals to maximize efficiency and had altered several of its working practices. Such measures and related changes in its administrative and internal practices were a response to the legitimate aspirations of States to have their judicial disputes resolved as soon as possible. The Court must continue to enjoy complete autonomy in establishing its own practices and procedures if its judicial independence were to be preserved. Equally, if it was to operate as the United Nations Charter provided, it must be given the resources to do its work.

Several speakers this morning expressed concern that the Court was falling behind in discharging its responsibilities. They stressed that undue delays in judicial proceedings must be prevented otherwise there could be scepticism and disillusionment with the Court's international role.

Representatives also praised the Court's use of its website on the Internet, including the posting of its judgments, to promote a greater awareness of its work.

Statements were made by the representatives of Mexico, Brazil, Philippines, Malaysia, Argentina and Costa Rica.

The Assembly will meet again at 10 a.m., on Tuesday, 28 October, to consider cooperation between the United Nations and the Inter-Parliamentary Union.

Assembly Work Programme

The General Assembly met this morning to take up the report of the International Court of Justice (document A/52/4). The report covers the period 1 August 1996 to 31 July 1997 and details the full composition of the Court, as well as its jurisdiction in both contentious cases and advisory proceedings. As of 31 July, the 185 Member States of the United Nations, along with Nauru and Switzerland, were parties to its Statute.

During the period under review nine contentious cases were pending, including Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libya v. United Kingdom and Libya v. United States), Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Yugoslavia), Land and Maritime Boundary between Cameroon and Nigeria, and Fisheries Jurisdiction (Spain v. Canada). Orders concerning time-limits were made in the case concerning the Maritime Delimitation and Territorial Questions between Qatar and Bahrain and in the case of oil platforms between Iran and the United States.

The report also includes a judgment on the Court's jurisdiction in the case concerning oil platforms and an order on the visit in situ in the case of the Gabcikovo-Nagymaros Project (Hungary/Slovakia). In the oil platforms case, the Court rejected the preliminary objection of the United States, that the Treaty of 1955 does not provide any basis for the jurisdiction of the Court. In the case of the Gabcikovo-Nagymaros Project, the Court decided to "exercise its functions with regard to the obtaining of evidence by visiting a place or locality to which the case relates" and to "adopt to that end the arrangements proposed by the parties". The visit to the site of the hydroelectric dam project, which was the first in the Court's 50-year history, took place from 1 to 4 April.

The document also reports on visits to the Court by the Secretary- General, and various heads of State, members of government and high officials during the past year. In addition, many talks and lectures on the Court were given by its President, members, the Registrar and its officials to improve public understanding of its work. Also, Members of the Court decided to create a website to increase the availability of documents and reduce communication costs.

Statements

STEPHEN M. SCHWEBEL, President of the International Court of Justice, in introducing the Court's report, said the Gabcikovo-Nagymaros Project case, brought by the special agreement between Hungary and Slovakia, concerned a project for the joint construction of dams on the Danube river, and much more. It raised not only an exceptional amount of public interest in those countries, but also difficult and challenging issues fundamental to the law of

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treaties, environmental law, the law on international watercourses and of State succession and State responsibility.

The case also called on the Court's resourcefulness. The pleadings and documentary annexes which were filed exceeded 500 volumes, and placed a considerable burden on the Court's tiny translation services and on its budget. The Court's "site visit", the first in its history, to locations along the Danube river between Bratislava and Budapest allowed it to gain an insight into the case that it could not have gleaned if proceedings had been confined to The Hague. Issues of law could usually be decided without a site visit, and in the exceptional cases where it was warranted, such exercises required a high degree of cooperation between the parties concerned.

The Court's judgment in the Gabcikovo-Nagymaros case, given on 24 September, was important not only for Hungary and Slovakia but for the application and development of international law, and for the work of the International Law Commission. The judgment gave great weight to treaties concluded pursuant to the Commission's proceedings on the law of treaties, on State succession in respect of treaties and on the law of international watercourses. It also gave weight to some of the Commission's draft articles on State responsibility, as did Hungary and Slovakia. It showed how the Court's judgments and opinions influenced the Commission's work, and how it, in turn, influenced the Court's work. The Gabcikovo judgment was the first placed on the Court's own website.

He said the case was ongoing even after the judgment because of the parties' agreement as to the Court's role. Essentially, in their special agreement, they handed over to the Court for resolution the legal aspects of an intractable dispute that had divided them politically. The Court answered their questions clearly and conclusively, in accordance with international law. The agreement provided for the parties, immediately after the judgment, to discuss the modalities of its execution. It also provided the parties with the legal answers within which they might pursue further negotiations -- in other words to advance their search for solutions by assuming responsibility for defining the fundamental legal parameters for that process. In applying the Court's judgment, the parties would be directed not only by the judgment on the legal rights and wrongs of the past, but also by the Court's views as to the practical content of future cooperative arrangements.

He said the Court was gratified with the continuing development of its role, not only as a sort of judicial "last resort" but also as a "partner in preventive diplomacy". It was important, therefore, to take into account not only cases subject to the Court's judgment or settled because of the prospect of resort to the Court, but also cases which, at a certain stage of proceedings, were ripe for and resulted in negotiated settlements. However, the Court had suffered severely over the last budgetary biennium from budgetary and staff cuts. Although the Secretary-General and the Assembly had helped the Court, it still faced a heavy caseload under severe financial

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constraints. Despite changes in the way translation was handled, resources were barely sufficient for the needs of impending cases. There was no room for forward planning to translate cases which were not close to being ready for hearing. Over the last 12 years, the Court had become much busier while operating under sharp financial restrictions.

The Court, he went on, had charged its Rules Committee to develop proposals to maximize the Court's efficiency, and had altered several of its working practices. For instance, a new case could not be heard until its pleadings were ready in both English and French. Appropriate cases on jurisdiction may be heard "back to back", so that work could proceed on them concurrently. That innovation would be undertaken on an experimental basis where there were appropriate cases and a need to proceed rapidly.

He said the Court had decided on such measures, and a series of related and consequential changes in its administrative and internal practices, to respond to the legitimate aspirations of States to have their cases heard as soon as possible. If States and the Court cooperated on cases, including those in the current docket, such cases could be ready for oral argument within an acceptable time after the conclusion of the written phase. The Court must continue to enjoy complete autonomy in establishing its own practices and procedures if its judicial independence were to be preserved. Equally, if it was to operate as the United Nations Charter provided, it must be given the resources to do its work.

MANUEL TELLO (Mexico) said his country was pleased that States were more frequently turning to judicial means as solutions to their problems. In a scenario where differences over questions of right constituted a normal reality, the use of adjudication through Court channels was a major development. So far, 60 States -- or less than a third of the membership of the United Nations -- recognized the competence of the International Court of Justice. During the period covered by the Court's report, Paraguay was the only State that had conformed to Article 36 of the Statute.

He said Mexico applauded Paraguay's decision, and urged States which had not done so to follow in the same fashion; recognition of the Court's compulsory jurisdiction by the permanent members of the Security Council would be a crucial element in determining how best to promote judicial measures as solutions to problems.

He said the broad dissemination of Court publications and decisions had made the major study and understanding of international law possible. The Court's decision to put its documents on the Internet was welcome, and his country was confident it would not affect the availability of the number of printed copies of Court documents which was still indispensable to those countries where access to electronic media was not easily accessible.

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He noted the budgetary restrictions mentioned in the report and said Mexico had proposed that the problem be addressed by the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization. The Court must be provided with the necessary means of support.

He referred to the Court's advisory opinion on 8 July 1996 that nuclear threats were contrary to international law in the area of armed conflict and in particular to the principles of humanitarian law. It was an important ruling, he said, and all States should conclude negotiations leading to nuclear disarmament, since there had as yet been no sign of an equivocal decision to implement the Court's judgment.

CELSO L.N. AMORIM (Brazil) said the latest report from the International Court of Justice showed that the Court was dealing with disputes of varying nature, including the use of threat and the use of force. In one case the Court had helped to prevent hostility between two bordering African nations; in other instances, it had acted as a channel for preventive diplomacy in incidents which may have given way to unbridled antagonism. The Court had also retained its capacity to issue advisory opinions on legal questions in response to requests by the Assembly and the Security Council. Further evidence of the Courts's relevance was shown by the growing number of treaties provided for submission to the Court.

He said the question of calling upon the Court to examine jurisdictional boundaries between different organs of the United Nations system, and granting it power of judicial review over administrative action or political decision, was likely to re-emerge in the future. Warnings that the Court had been falling behind in discharging its responsibilities were serious. Remedies must be found to prevent undue delays from giving rise to skepticism or disillusionment regarding the Court's international role.

Brazil had taken note of the Court's decision on the Treaty of the Non-Proliferation of Nuclear Weapons and looked forward to working closely with other States to give meaning to the finding of the Court and the achievement of precise results.

Concluding his statement, he referred to a draft resolution (document A/52/L.7) which he said had been circulated (in connection with Assembly's agenda item 59 on the question of membership of the Security Council). He said the text of the draft raised important legal questions. It suggested there was a "need to comply faithfully with the provisions of Article 108 of the Charter of the United Nations with respect to any resolution with Charter amendment implications".

He said the word "implications" was "dangerously vague". The Charter did not provide for the adoption of resolutions according to Article 108, which applied specifically to amendments.

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FELIPE MABILANGAN (Philippines) said that with far too few exceptions the truly significant disputes and conflicts in the world still failed to reach the International Court of Justice or any other judicial or third party forum. The non-compulsory jurisdiction of the International Court had been an excuse for inaction by many involved in disputes. He said that for two reasons he anticipated that more cases would be brought to the Court. First, the end of the cold war meant a reduction in the role of power in determining the outcome of State behaviour; second, the stigma of resorting to third parties was declining. The Court must, therefore, have the resources with which to meet its increasing role in resolving disputes and in the progress of international law.

In spite of the logistical difficulties it faced, the Court had not failed to keep up with technology and the challenges of cyberspace. It had an impressive website, dignified and full of useful information, yet user- friendly. He hoped that one day all the decisions, advisory opinions, orders and pleadings of the Court would eventually be available on the website. There was much that the Court said about international law that could help guide States not only in settling disputes, but also in preventing them.

KAMARUDDIN AHMAD (Malaysia) said it was disquieting to note that nine contentious cases under the Court's review were still pending. Some would have been expeditiously solved, but for the objections of certain Member States by virtue of Article 79, para. 3 of the Rules of the Court. He urged parties to disputes to cooperate as fully as possible with the Court to ensure expeditious settlement. Observing that the Court had been placed under a severe strain due to reductions in both its human and financial resources, he strongly supported the call for the Court to be given adequate resources to enable it to fulfil its functions and responsibilities. In addition, since the International Tribunal for the Law of the Sea would receive States' maritime disputes, he hoped the burden of the International Court of Justice would be lessened.

He said the intergovernmental organs of the United Nations should not only utilize the Court as a source of interpreting the relevant and applicable laws, but they should also refer controversial issues for advisory opinions. Malaysia was pleased with the advisory opinion the Court had rendered on the "Threat and Use of Nuclear Weapons" last year, which was an important development on the issue of nuclear disarmament. He commended the efforts of the Court to increase public awareness and understanding of its work, and strongly supported the steps taken to take advantage of the benefits provided by the electronic media, such as the Internet.

ORLANDO REBAGLIATI (Argentina) said the annual dialogue between the General Assembly and the International Court of Justice was important. It showed not only the interest of the Assembly in the activities of the Court but also the cooperation between the principal organs of the United Nations and the Court in achieving its goals. The Court had a privileged position in

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the overall activity of maintaining international peace and security. Progress in international law was enhanced in the willingness of States to bring their disputes to third party adjudication. This was the progressive recognition by the international community that justice was an important component of international peace. Most cases brought to the attention of the Court demonstrated the readiness of States to accept the role of the Court in all aspects of international relations.

He said States must ensure that the Court was provided with appropriate resources to make the best use of its capabilities. Budgetary restrictions should not be allowed to undermine the eminent role of the Court in maintaining international peace and security.

FERNANDO BERROCAL SOTO (Costa Rica) said international law was the sole reliable warranty of independence. It had enabled the building of a more humane society based on international human rights. The International Court of Justice played a central role in the goals of the United Nations Charter, and legal systems played a central role in settling international disputes. States had a parental obligation to settle disputes peacefully without a recourse to arms. Costa Rica had this year celebrated 49 years of having no army.

It was only the International Court of Justice which had the intellectual resources to analyse the disputes submitted by parties and the recourse to find justice for the parties involved. It played a progressive role in the development of international law. It recognized the obligation of all States to carry out negotiations for complete nuclear disarmament.

He said only 60 States had accepted compulsory jurisdiction of the Court, and many of those acceptances had been accompanied by reservations expressed; his country urged States to accept the complete jurisdiction of the Court.

He said the number of cases before the Court was high, and it was being used more and more by developing countries. A great number of States had participated with the Court on the illegality of the use of nuclear weapons. He welcomed the availability of documentation and judgments on the Internet, and hoped this would reduce costs now being incurred by the Court.

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