Lecture de l'avis consultatif - Audience publique tenue au Palais de la Paix, La Haye, le 12 juillet 1973, sous la présidence de M. Lachs, Président

READING OF THE ADVISORY OPINION

PUBLIC SITTING

he/d at the Peace Palace on 12 Ju/y /973.
the President, Judge Lochs presiding 179

PUBLIC S11T1NGll2 Vll 73, 10 a.m.)

Present: President LAcHS; Judges FORSTER,GROS, BENOZON,ÜNYEAMA,
MoRozov, JIMÉNEZDEARÉCHAGAS,ir Humphrey WALOOCKN , AGENDRA S1NGH,
RUDA; Registrar AQUARONE,

READING OF THE ADVISORY OPINION

The PRESIDENT: The Court meets today to deliver at a public sitting, in
accordance with Article 67 of its Statute, its Advisory Opinion on the Applica­

tion/or Review of Judgement No. 158of the United Nations Administrative Tribu­
nal which was requested of it on 3 July 1972 by the Committee on Applications
for Review of Administrative Tribunal Judgements.
Before Iproceed to read out the Advisory Opinion, it ismy sad duty to record
the death of President Hackworth, whose depart ure adds a distinguished name to
the Iengthening rollofthose who served upon this Bench and are now no more.

Green H. Hackworth was a Member of this Court from 1946 to 1961, and its
President from 1955 to 1958. He came to The Hague after a long and distin­
guished career as a member of the Bar of the Supreme Court of the United
States and 21 years as Legal Adviser to the Department of State. In the latter
capacity he took an active part in many international law-making conferences,
notably those which led to the establishment of the United Nations. He chaired

the United Nations Committee of Jurists, composed of 44 States, which met at
Washington in 1945 to prepare the draft of the Statu te of this Court.
Two years before his election to the Court he completed a work of eight
volumes, which bas made his name a household word to every international
jurist. There can be few among them who, in matters of jurisprudence, have not

made copious use of his Digest of InternationalLaw, which isa treasure-house of
precedents and decisions in ail branches of international Jaw.
He served with great distinction on this Court for 15 years, and in several
individual opinions shed a most interesting light on the decisions in which he
took part.
In honouring his memory today we can say with pride that Green H. Hack­

worth served well the cause of justice and law in relations among States. I invite
you to honour his memory by a minute of silence.
I now return to the matter with which we are concerned this morning, and,
with regard to the composition of the Court, I wish to announce that Judge
Petrén and Judge Ignacio-Pinto did not sit in these proceedings, having in­
formed President Sir Muhammad Zafrulla Khan in accordance with Article 24,

paragraph 1, of the Statute that, having contributed to the formation of the
jurisprudence of the United Nations Administrative Tribunal which had been
cited in the advisory proceedings pending before the Court, they considered
that they should not take part in the decision in those proceedings. President
Sir Muhammad Zafrulla Khan indicated that there was within the meaning of
Article 24, paragraph 3, of the Statu te, no disagreement between them and him,

and that it was therefore in order for them not to sit.
For reasons of health, Vice-President Ammoun and Judge Dillard and, for
family reasons, Judge de Castro are unfortunately unable to take part in the
present sitting.il three ofthem, however, took part in thedeliberations and the
final vote.180 APPLICATION FOR REVIEW

Vice-President 'Ammoun and Judge de Castro were present when the Court
proceeded to the vote.

Judge Dillard, however, was unable to leave the hospital where he was under
treatment and, in accordance with Article 9, paragraph (ii), of the Resolution
concerning its Internai Judicial Practice, was authorized by the Court to com­
municate his vote in writing.
1will now read out the Advisory Opinion in English.
[The President reads paragraphs 10to l01 of the Opinion 1.]

1call upon the Registrar to read the operative part of the Advisory Opinion in
French.
[The Registrar reads the operative part of the Advisory Opinion in French 2.]
1 myself append a declaration to the Advisory Opinion. Judges Forster and
Nagendra Singh append a joint declaration. Judges Onyeama, Dillard and

Jiménezde Aréchagaappend separate opinions to the Advisory Opinion. The
Vice-President, Judges Gros, de Castro and Morozov append dissenting opin­
ions to the Advisory Opinion.

The sitting is closed.

(Signed) M. LACHS,
President.

(Signed) S. AQUARONE,

Registrar.

1
I.C.J. Reports 1973, pp. 168-213.
1 I.C.J. Reports 1973, p. 213.