1954 International Court of Justice judges election

The 1954 International Court of Justice election took place on 7 October 1954 at the Headquarters of the United Nations in New York. In the set of triennial elections, the General Assembly and the Security Council concurrently elect five judges to the Court for nine-year terms, in this case beginning on 6 February 1955. In this particular case, a sixth vacancy was to be filled due to the death of one of the judges. Background The International Court of Justice (ICJ), based in The Hague, is one of the principal organs of the United Nations. Also known as the World Court, it adjudicates legal disputes between states, and provides advisory opinions on legal questions submitted by other UN organs or agencies. The court consists of 15 judges, with five judges elected every three years. (In the case of death or other vacancy, a judge is elected for the remainder of the term.) Judges are required to be independent and impartial; they may not exercise any political or administrative function, and do not act as a representative of their home state. Elections of members of the Court are governed by articles 2 through 15 of the Statute of the International Court of Justice. The previous full election was held in 1951. On 27 November 1953, an election was held in order to fill the occasional vacancy following the resignation of the Soviet judge Sergei Golunsky. In a nearly unanimous vote, Fyodor Kozhevnikov, also of USSR, was elected for the remainder of Golunsky's term.United Nations UN document A/PV.458. General Assembly. 458th plenary meeting https://digitallibrary.un.org/record/728844?ln=enUnited Nations UN document S/PV.644. Security Council. Official records. 644th meeting https://digitallibrary.un.org/record/632011?ln=en On 30 November 1953, the Indian judge B.N. Rau died. The election to fill this occasional vacancy was scheduled to coincide with the regular 1954 election of five members. The composition of the Court prior to the 1954 elections was thus as follows: Judge Term starts / renewed Term ends Vacancy - India Benegal Narsing Rau (India) 1952 1961; died 1953 Chile Alejandro Álvarez (Chile) 1946 1955 France 1848b Jules Basdevant (France) 1946 1955 El Salvador Jose Gustavo Guerrero (El Salvador) 1946 1955 UK Arnold McNair (United Kingdom) 1946 1955 Brazil 1889 Levi Carneiro (Brazil) 1952 Elected to fill an occasional vacancy 1955 Egypt 1922 Abdel Hamid Badawi Pasha (Egypt) 1946, 1949 1958 China 1928 Hsu Mo (China) At the time, China was represented at the UN by the government of the Taiwan-based Republic of China. For details, see here. 1946, 1949 1958 CAN 1921 John Read (Canada) 1946, 1949 1958 POL 1928 Bohdan Winiarski (Poland) 1946, 1949 1958 YUG Milovan Zoričić (Yugoslavia) 1946, 1949 1958 Uruguay Enrique Armand-Ugón (Uruguay) 1952 1961 USA 1912 Green Hackworth (United States) 1946, 1952 1961 Norway Helge Klæstad (Norway) 1946, 1952 1961 USSR 1936 Fyodor Ivanovich Kozhevnikov (USSR) 1953 1961 Accordingly, the 1954 election saw the seat of the deceased Judge Rau to be filled as an occasional vacancy for the remainder of his term, and, technically in a separate election, the seats of Judges Álvarez, Basdevant, Guerrero, McNair and Carneiro were to be contested. Candidates Qualifications Article 2 of the Statute of the International Court of Justice provides that judges shall be elected "from among persons of high moral character, who possess the qualifications required in their respective countries for appointment to the highest judicial offices, or are jurisconsults of recognized competence in international law". Nomination procedure All States parties to the Statute of the ICJ had the right to propose candidates. Nominations of candidates for election to the ICJ are made by a group consisting of the members of the Permanent Court of Arbitration (PCA), designated by that State. For this purpose, members of the PCA act in "national groups" (i.e. all the PCA members from any individual state). (In the case of UN member states not represented in the PCA, the state in question may select up to four individuals to be its "national group" for the purpose of nominating candidates to the ICJ). Every such "national group" may nominate up to four candidates, not more than two of whom shall be of their own nationality. Before making these nominations, each "national group" is recommended to consult its highest court of justice, its legal faculties and schools of law, and its national academies and national sections of international academies devoted to the study of law. 1954 nominees For the occasional vacancy The following candidates were nominated for the election in order to fill the seat of the deceased Judge Rau of India: United Nations UN document A/2668-S/3270. Election of a member of the International Court of Justice: list of candidates nominated by the national groups https://digitallibrary.un.org/record/603276?ln=en Candidates Nominating national groups Denmark Ernst S.B. Colov (Denmark) Denmark Honduras 1949 Ramón Ernesto Cruz Uclés (Honduras) Honduras Denmark Thomas Frølund (Denmark) Denmark Mexico 1934 Luis Garrido Díaz es Luis Garrido Díaz sup (Mexico) Honduras Costa Rica Fernando Lara Bustamante es Fernando Lara Bustamante sup (Costa Rica) Costa Rica Peru Juan Bautista de Lavalle y García es Juan Bautista de Lavalle y García sup (Peru) Peru Iran 1925 Ahmad Matin-Daftari (Iran) Iran Costa Rica Edgar Odio González (Costa Rica) Costa Rica India Radhabinod Pal (India) Bolivia, Ecuador, Egypt, India, Liechtenstein, Mexico, Peru, Switzerland, United Kingdom, United States, Yugoslavia Union of Burma Myint Thein (Burma) Yugoslavia; withdrew BEL Charles de Visscher (Belgium) Egypt, France, Luxembourg, Mexico, Netherlands, Norway, Yugoslavia Pakistan Muhammad Zafarullah Khan (Pakistan) United States For the five regular seats The following candidates were nominated for the election: United Nations UN document A/2695-S/3281. Election of members of the International Court of Justice: list of candidates nominated by the national groups https://digitallibrary.un.org/record/592160?ln=en Candidates Nominating national groups Brazil 1889 Hildebrando Pompeu Pinto Accioli (Brazil) Brazil Panama Ricardo J. Alfaro (Panama) Bolivia, Brazil, Cuba, Haiti, Panama, Peru France Jules Basdevant (France) Belgium, Brazil, Canada, France, Egypt, Greece, Japan, Lebanon, Liechtenstein, Netherlands, New Zealand, Norway, Pakistan, Switzerland, United Kingdom, United States, Yugoslavia Lebanon Choucri Cardahi fr Choucri Cardahi sup (Lebanon) Lebanon Venezuela 1930 Ramon Carmona (Venezuela) Venezuela Denmark Ernst S.B. Colov (Denmark) Denmark Mexico 1934 Roberto Córdova (Mexico) Argentina, Brazil, China, Cuba, Ecuador, Egypt, Haiti, Honduras, Mexico, Netherlands, Nicaragua, Panama, Peru, Philippines, Sweden, Thailand, Turkey, Venezuela, Yugoslavia Denmark Thomas Frølund (Denmark) Denmark El Salvador Jose Gustavo Guerrero (El Salvador) China, Cuba, El Salvador, Greece, Haiti, Honduras, Japan, Liechtenstein, Mexico, New Zealand, Nicaragua, Paraguay, Thailand, Turkey, United Kingdom, United States Japan Shigeru Kuriyama ja 栗山茂 sup (Japan) China, Iran, Japan, United States UK Hersch Lauterpacht (United Kingdom) Belgium, Canada, New Zealand, United Kingdom, United States GRE old George Maridakis el Γεώργιος Μαριδάκης sup (Greece) Greece Iran 1925 Ahmad Matin-Daftari (Iran) Iran UK Arnold McNair (United Kingdom) France, Japan, Lebanon, Liechtenstein, Netherlands, Norway, Sweden, Switzerland, Yugoslavia; withdrew Argentina Lucio Moreno Quintana (Argentina) Argentina, Bolivia, China, Ecuador, Egypt, Haiti, Honduras, Mexico, Nicaragua, Paraguay, Peru, Venezuela, Yugoslavia Philippines 1936 Ricardo Paras (Philippines) Philippines Sweden Sture Petrén (Sweden) Sweden Venezuela 1930 Eduardo Plaza (Venezuela) Venezuela Thailand Seni Pramoj (Thailand) Thailand BEL Henri Rolin (Belgium) Denmark, Iran, Panama Paraguay 1954 Raúl Sapena Pastor (Paraguay) Argentina, Bolivia, Ecuador, El Salvador, Honduras, Paraguay, Peru SUI Georges Sauser-Hall (Switzerland) Belgium, France, Liechtenstein, Sweden, Switzerland GRE old Jean Spiropoulos (Greece) Greece Thailand Phya Ladpli Thamaprakhan (Thailand) Thailand Philippines 1936 Pedro Tuason (Philippines) Philippines Nicaragua Modesto Valle (Nicaragua) Nicaragua NED Jan Hendrik Willem Verzijl nl Jan Hendrik Willem Verzijl sup (Netherlands) Netherlands BEL Charles de Visscher (Belgium) Belgium, Canada, Denmark, France, New Zealand, Norway, Switzerland, United Kingdom Ecuador Homero Viteri Lafronte (Ecuador) Ecuador Pakistan Muhammad Zafarullah Khan (Pakistan) Canada, Egypt, Lebanon, Pakistan Election procedure The General Assembly and the Security Council proceed, independently of one another, to elect five members of the Court (or one member, if the election is held in order to fill an occasional vacancy). To be elected, a candidate must obtain an absolute majority of votes both in the General Assembly and in the Security Council. At the time, 32 votes constituted an absolute majority in the General Assembly and 6 votes constituted an absolute majority in the Security Council (with no distinction being made between permanent and non-permanent members of the Security Council). When five candidates have obtained the required majority in one of the organs, the president of that organ notifies the president of the other organ of the names of the five candidates. The president of the latter does not communicate such names to the members of that organ until that organ itself has given five candidates the required majority of votes. After both the General Assembly and the Security Council have produced a list of five names that received an absolute majority of the votes, the two lists are compared. Any candidate appearing on both lists is elected. But if fewer than five candidates have been thus elected, the two organs proceed, again independently of one another, at a second meeting and, if necessary, a third meeting to elect candidates by further ballots for seats remaining vacant, the results again being compared after the required number of candidates have obtained an absolute majority in each organ. If after the third meeting, one or more seats still remain unfilled, the General Assembly and the Security Council may form a joint conference consisting of six members, three appointed by each organ, in order to elect a candidate to fill the remaining seat(s). This option had never been used prior to the 1954 elections, and would never be used up to now. Results Filling the occasional vacancy Candidates that did not receive a single vote in either the General Assembly or the Security Council are not listed. Candidates General Assembly United Nations UN document A/PV.493. General Assembly. 493rd plenary meeting https://digitallibrary.un.org/record/737935?ln=en majority = 33 Security Council United Nations UN document S/PV.681. Security Council. Official records. 681st meeting https://digitallibrary.un.org/record/636492?ln=en majority = 6 India Radhabinod Pal (India) 32 29 5 Pakistan Muhammad Zafarullah Khan (Pakistan) 30 33 6 Zafarullah Khan was thus elected to fill the seat that became vacant due to the death of B.N.Rau. This was a departure from the experience of the two previous elections held in order to fill occasional vacancies, whereby the seats were filled by judges of the same nationality as the judge who had died or resigned. On the other hand, the informal rule was confirmed to the effect that the vacant seat is to be filled by a judge at least from the same region as the one who had vacated the seat (note the large number of candidates from outside Asia who received zero votes at the election). Filling regular seats Candidates that did not receive a single vote in either the General Assembly or the Security Council are not listed. Candidates General Assembly United Nations UN document A/PV.493. General Assembly. 493rd plenary meeting https://digitallibrary.un.org/record/737935?ln=en majority = 33 Security Council United Nations UN document S/PV.681. Security Council. Official records. 681st meeting https://digitallibrary.un.org/record/636492?ln=en majority = 6 Brazil 1889 Hildebrando Pompeu Pinto Accioli (Brazil) 0 0 Panama Ricardo J. Alfaro (Panama) 21 1 France Jules Basdevant (France) 40 10 Lebanon Choucri Cardahi fr Choucri Cardahi sup (Lebanon) 1 0 Venezuela 1930 Ramon Carmona (Venezuela) 1 0 Denmark Ernst S.B. Colov (Denmark) 0 0 Mexico 1934 Roberto Córdova (Mexico) 41 8 Denmark Thomas Frølund (Denmark) 0 0 El Salvador Jose Gustavo Guerrero (El Salvador) 41 7 Japan Shigeru Kuriyama ja 栗山茂 sup (Japan) 16 2 UK Hersch Lauterpacht (United Kingdom) 39 9 GRE old George Maridakis el Γεώργιος Μαριδάκης sup (Greece) 0 0 Iran 1925 Ahmad Matin-Daftari (Iran) 2 0 UK Arnold McNair (United Kingdom) 1 0 Argentina Lucio Moreno Quintana (Argentina) 36 7 Philippines 1936 Ricardo Paras (Philippines) 2 0 Sweden Sture Petrén (Sweden) 0 0 Venezuela 1930 Eduardo Plaza (Venezuela) 0 0 Thailand Seni Pramoj (Thailand) 1 0 BEL Henri Rolin (Belgium) 5 0 Paraguay 1954 Raúl Sapena Pastor (Paraguay) 21 1 SUI Georges Sauser-Hall (Switzerland) 10 1 GRE old Jean Spiropoulos (Greece) 0 0 Thailand Phya Ladpli Thamaprakhan (Thailand) 1 0 Philippines 1936 Pedro Tuason (Philippines) 1 0 Nicaragua Modesto Valle (Nicaragua) 0 0 NED Jan Hendrik Willem Verzijl nl Jan Hendrik Willem Verzijl sup (Netherlands) 0 0 BEL Charles de Visscher (Belgium) 19 6 Ecuador Homero Viteri Lafronte (Ecuador) 2 0 Pakistan Muhammad Zafarullah Khan (Pakistan) - - Despite a large number of candidates (which still was lower than at any previous election), the election was relatively uneventful: the same five candidates obtained an absolute majority of votes in the first round of voting in both the General Assembly and the Security Council. They were declared elected to the Court, without a need for further rounds of voting. Aftermath The composition of the Court following the election was as follows: Judge Term starts / renewed Term ends Egypt 1922 Abdel Hamid Badawi Pasha (Egypt) 1946, 1949 1958 China 1928 Hsu Mo (China) 1946, 1949 1958 CAN 1921 John Read (Canada) 1946, 1949 1958 POL 1928 Bohdan Winiarski (Poland) 1946, 1949 1958 YUG Milovan Zoričić (Yugoslavia) 1946, 1949 1958 Uruguay Enrique Armand-Ugón (Uruguay) 1952 1961 USA 1912 Green Hackworth (United States) 1946, 1952 1961 Norway Helge Klæstad (Norway) 1946, 1952 1961 USSR 1936 Fyodor Ivanovich Kozhevnikov (USSR) 1953 1961 Pakistan Muhammad Zafarullah Khan (Pakistan) 1954 1961 France 1848b Jules Basdevant (France) 1946, 1955 1964 El Salvador Jose Gustavo Guerrero (El Salvador) 1946, 1955 1964 Argentina Lucio Moreno Quintana (Argentina) 1955 1964 UK Hersch Lauterpacht (United Kingdom) 1955 1964 Mexico 1934 Roberto Córdova (Mexico) 1955 1964 The seats of Judges Badawi Pasha, Hsu, Read, Winiarski and Zoričić were to be contested at the 1957 election. However, following the death of Judge Hsu in June 1956, an election to fill the occasional vacancy was held in December 1956. References 1954 International Court of Justice