INTERNATIONAL COURTOFJUSTICE
Peace Palace, 2517 KJ The Hague. Tel.(31-70-302 23 23). Cables: Intercourt, The Hague.
Telefax (31-70-364 99 28). Telex 32323. Internet address : http: Il www.icj-cij.org
Communiqué
unofficial
forimmediate release
No. 98/43
10 December 1998
Difference Relating to Immunity from Legal Process
of a Special Rapporteur of the Commission on Human Rights
Request for an adyisory opinion IzyECOSOC
Conclusion of the hearings
THE HAGUE, 10 December 1998_The public hearings in the case concerning the Difference
Relating toImmunity from Legal Process of a SpeciaiJWworteur of the Commission on Human
B..i.ghrequest for an advisory opinion) at the International Court of Justice (ICJ) were concluded
today, enabling theCourt to start its deliberations.
During these hearings, which started on 7 December 1998, the Secretary-General of the
United Nations represented by the Legal Counsel, Mr. Hans Corell, Costa Rica, Italy and Malaysia
made oral submissions.
The Court'sAdvisory Opinion will be delivered in the spring of 1999. lt will be read during
a public sitting on a date which will be announcedin a subsequent press release.
Background information
The request for an advisory opinion was made last August by the Economie and Social
Council (ECOSOC), one of the six principal organs of the United Nations. The case relates ta
Dato' Param Cumaraswamy, a Malaysianjurist who in 1994 was appointed Special Rapporteur on
the independence of judges and lawyers by the Commission on Human Rights, an organ of
ECOSOC.
Mr.·Cumaraswamy currently faces severa! lawsuits filed in Malaysian courts by different
plaintiffs for damages in atotal amount 112million US dollars. The plaintiffs assert that he used
defamatory language in an interview he gave in 1995 ta International Commercial Litigation
magazme.
However, according ta the United Nations Secretary-General, Mr. Cumaraswamy spoke in
his official capacityf Special Rapporteur and was thus immune from legal process by virtue of
the Convention on the Privileges and Immunities of the United Nations.
Maves by the United Nations Secretary-General ta ensure respect for this immunity did not
lead,in his view, to any appropriate intervention by the Malaysian Govemment in the Malaysian
courts. - 2 -
Internai Practice of the Court with respect ta deliberations
In accordance with the Internai Judicial Practice of the Court with respect to deliberations,
the judges will saon hold a preliminary discussion at which the President will outline the issues
which require discussion and a decision by the Court.
Afier initial consideration,eachjudge will prepare a written Note setting out his views on the
at thend of which, on the basis of the views expressed, a drafting committee will be chosen bys
secret ballot. That committee will consist of two judges holding the majority view and the
Presidentf he shares that view.
The draft text will go through two readings during which the amendments submitted in
writing by the judges will be considered. Meanwhile, judges who wish to do so may prepare a
separate or dissenting opinion.
The final vote will be taken after adoption of the final text in the second reading.
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NOTE FOR THE PRESS
The full transcripts of the hearings of 7-10 December 1998 can be found on the Court's
website at the following addhttp://www.icj-cij.org
Information Office:
Mr. Arthur Witteveen, Secretary of the Court (tel: 31-70-302 2336)
Mrs. Laurence Blairon, Information Officer (tel:02 2337)
E-mail address: [email protected]
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Difference relating to immunity from legal process of a Special Rapporteur - Request for an advisory opinion by ECOSOC - Conclusion of the hearings