Peace Palace, 2S17 KJ The Hague. Tel. 92 44 41. Cables, lntercourt, The Hague
Telex 32323
Communiqué
forfimm11diat1r111/11BS11
English distributed to Members
of the Court 4-3-88 (17.45)
Press called - Mrs. El-Erian
No. 88/3
Staff and Post Office (E + F) 4 March 1988
Monday 7-3-88 at 11 a.m.
New request for advisory opinion
received by the Court
The following information is made available to the press by the
Registry of the International Court of Justice:
The Secretary-General of the United Nations has transmitted to the
International Court of Justice a request by the General Assembly for an
advisory opinion on the following question:
"In the light of facts reflected in the reports of the
Secretary-General, is the United States of America, as a party
to the Agreement between the United Nations and the
United States of America regarding the Headquarters of the
United Nations, under an obligation to enter into arbitration
in accordance with section 21 of the Agreement?"
The principal subject of the reports to which the question
alludes is an exchange between the Secretary-General and the
United States Government concerning the possible consequences of the
United States Anti-Terrorism Act of 1987 for the maintenance in
New York of an office of the Palestine Liberation Organization,
which was granted observer status at the United Nations in 1974.
The Act is due to take effect ninety days after its enactment, which
took place on 22 December 1987.
The relevant provision of the United Nations Headquarters
Agreement referred to in the questi.on reads:
"Any dispute between the Uni.ted Nations and the
United States concerning the interpretation or application of
this agreement or of any supplemental agreement, which is not
settled by negotiati.on or other agreed mode of settlement,
shall be referred for fi.na! decision to a tribunal of three
arbitrators, one to be named by the Secretary-General, one to
be named by the Secretary of State of the United States, and
the third persan to be chosen by the two, or, if they should
fail to agree upon a third, then hy the President of the
International Court of Justice."
/. - 2 -
Article 96 of the United Nations Charter authorizes the
General Assembly to request an advisory opinion of the Court on any
legal question. The Assembly acted in this instance by adopting, on
2 March 1988, resolution 42/229 B by 143 votes t-0 one. The
United States of America did not participate in the vote.
*
The Court has been convened to consider at once the procedure
to be adopted, which is governed by Chapter IV of its Statute and
Part IV of its Rules.
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INTERNATIONAL COURT OF JUSTICE
Peace Palace, 2517 KJ The Hague. Tel. 92 44 41. Cables, lntercourt, The Hague
Telex 32323
Communiqué
unofficial
for imm11diat11r11/11as11
Distributed Judges and. Staff 8-3-88 (9.30)
Post Office P.P. 8-3-88 (10 a.m.)
No. 88/3 bis
7 March 1988
Corrigendum
On page 2 of I.C.J Press Communiqué No. 88/3, voting figures of
"143 to one" were incorrectly given for the adoption of General Assembly
resolution 42/229B. These were in fact the figures for resolution
42/229A. Resolution 42/229B was adopted by 143 votes to none. The
United States of America did not participate in either vote.
New request for advisory opinion received by the Court