COUR INTERNATIONALE DE JUSTICE
MÉMOIRES, PLAIDOIRIES ET DOCUMENTS
ADMISSIBILITI?DE L'AUDITION DE
~ÉTITIONNAIRES PAR LE COMITÉ
DU SUD-OUEST AFRICAIN CONTENTS - TABLE DES MATIÈRES
PART 1.-REQUEST FOR ADVISORY OPINION AND
WRITTEN STATERIENTS
PREMIÈRE PARTIE. - REQUÊTE POUR AVIS
CONSULTATIF ET EXPOSES ÉCRITS
SECTIOK A.-REQUIZST FOR ADVISOR\' OPINION
SECTION A. - REQIiETI: POUR AVIS CONSI'LTATIF
Pages
1.- Letter from the Secretary-General of the United Nations to the
Registrar of the internationalCourt of Justice19 sri 55)
- Lettre du Secrétaire généraldes Nations Unies au Gref-
fier de la Cour internationale de JusticeXII55) .. 8
II.- Resolution adopted by the General Assembly at its
550th Plenary Meeting on 3 December 1955. - Résolution
adoptée par l'Assemblée générale à sa 550~~~~ séance
pléniérele3 décembre 1955 ........... 9
SECTION B.-DOSSIER TRANSMITTED HY THE S13CRETARY-GESEIIASa
OF THE UXITED NATIONS (ART. 65. PARA. 2, OF THE STATUTE)
SECTIOX )'-. DOSSIIJR TRANSM- PAR LE SECIII?SAIRE GESNÊRAL
DES SATIOSS [:SIES (ART. 65, l'Ali2.DU SI'ATLIT)
lntroductory Note. - Introduction........... IO
Contents of the Dossier. - Contenu du dossier ...... 21
1. Written Statement of the United States of Americ..... 26
2. Letter from the Minister of External Affairs of India to the
Registrar(IIII56) ................ 37
3: Written Statement of the Government of the Republic of China
(18 II56) ..............
38
PART II.-ORAL STATEMENTS
IIEUXIÈME PARTIE. - EXPOSÉS ORAUX CONTENTS - TABLE DES MATIÈRES
g1
ANNEXTO THE MINUTES
ANNEXE AUX PROCÈS-VERBAUX
Pages
I. Oral Statement by Sir Reginald IlIanningliam-Bullcr (U.K.),
22 III 56 (m.). ....... ......... 43
PART III. - DOCUMENTS SUBRlITTED TO THE COURT
AFTER THE CLOSURE OF THE WRITTEN STATEMENTS
[No documentswere submitted]
TROISI~~ME PARTIE. - DOCUMENTS PRESENTÉS A LA
COUR APRÈS LA FIN DES EXPOS~~SÉCRITS
(Auczclzdocume?ztn'a été~réseitté]
PART IV.-CORRESPONDENCE
QUATRIÈME PARTIE. - CORRESPONDANCE
I. The Legal Counsel, Secretariat of the United Nations, to tlie
Iiegistrar (19 XII 55). (Seep. 8.)
2. Tlie Registrar to the Secretary-General of the United Nations
(tel.)(23 XII 55) ................ 5s
3. Le Grcffier au ministre clcs Affaires étrangères dJAfghanistan
(24 XII 55) .................. 5s
4. Le Greffier au ministre des Affaircs étraiigèrcsd'Afglianistan
(24 XII 55) .................. 9
5. Le ministère des Affaires étrangèresdu Luxembourg au Gref-
lier (29 XII 55) ................ 59
6. Le secrétaire d'État cles Relations cxtéricures (l'Haïti au Gref-
fier (23 I 56) ................. 59
7. The Legal Aclviscr, Department of State, of the United Statcs
of Americn to the Registrar (25 I56) ....... 60
8. Le ministre clcs Relations extérieures du Salvador au Grcffier
(18 I 56) ................... Go
g. 'l'lieMiiiister of External Affairs of New Zcaland to the Regis-
trar (27 I 56) ................. Go
IO. The Minister of Ireland in tlie Netherlands to the liegistrar
(extract) (3II 56) ................ 61
II. The Chargé d'Affairesa.i. iii the Netherlands of tlie United
Statcs of America to the Kegistrar (14 II 56) ...... 61
12. The Minister of Extemal Affairs of India to thc Registrar
(II II56). (Sec p. 37.)
13. The Ambassador of C'mada in the Netlierlancls to the Iicgis-
trar (14 II 56) ................. 62
14. Le Greffier au ministre des Affaires étrangcres tl'Afglianistnn
(16 II 56) .................. 62
S SECTION C.--WRITTEN STATEMENTS
SECTION C. - EXPOSÉS ÉCRITS
1. WRITTEN STA'IEMENT OF THE UNITED STATES
OF AMERICA
INTRODUCTORY
The General Assembly of the United Nations, in Resolution 942
(X) dated December 3, 1955, has requested the International Court
of Justice to give an advisory opinion on the following question:
"1s it consistent with the advisory opinion of the International
Court of Justice ofIJuly 1950for the Committee on South West
Africa,established by General Assemblyresolution 74gA (VIII) of
relating to the Territory of South West Af?"catitioners on matters
The General Assembly has requested this advisory opinion as a
consequence of the report of the Committee on South West Africa
to the General Assembly. UN Document A/zg13/Add. z,13 October
1955. In this report, the Committee on South West Africa drew the
attention of the General Assembly toSection 1)of the Committee's
provisionalmles of procedure, entitled "Transitional provisions",
reading as foUows :
"If the Committee should receive rcquests for oral hearings from
inhabitants of the Territory of South West Africaor other sources,
these shall be referred. with the comments of the Committre. to the
General Assembly atits ninth session fora decisionconcerning the
admissibility of oral hearings."
The Committee had no oi:casion to refer such a request to the ninth
session of the General P,ssembly, but, having received a request
for an oral hearing in 1955. decided to refer this matter to the
tenth session.
In its report, the Cominittee on South West Africa recalled that
its present terms ofeference in respect of petitions, as set forth in
General Assembly Resoliition 749A (VIII) of 28 November 1953.
require it to examinepetitions "as far as possible in accordance with
the procedure of thefornier Mandates System". The report further
stated that the Permanent Mandates Commission (established by
the Council of the Leagui: of Nations) had no provision in itsles
for oral representations concerning the Mandated Territories;
that in practice the Mandates Commission did not think itits duty
to receive petitionersbutthat al1members of the Commissionwere
entitled to hear persons who applied to them for ari interview, STATEMEXT OF THE USlTED STATES OF AMERICA 27
althoueh official use would not be made of anvthina-unless formallv
subrnitted in writing.
The report of the Committee on South West Africa was referred
to the Fourth Committee of the General Assemblv. The question
of the admissibility of oral hearings by the cornmittee on South
West Africa concerning the Territory of South West Africa was
debated in the Fourth Committee from its 500th to its 506th
meetings. In view of differences on the Iegal issue involved, the
Fourth Committee recommended a draft resolution referring a
question to the International Court of Justice. Report of the Fourth
Committee, Question of South West Africa, UN Document A/3043,
24 November 1955. This draft resolution was adopted by the
General Assembly, as Resolution 942(X), at its 550th plenary
meeting. UN Documents A/IXF/69, 6 January 1956; A/RES/353.
13 December 1955.
It is recalied that in the AdvisoryOpinion of July II,r95o (Inter-
national Status of South-West Africa). the following observations
wcre made with respect to petitio~is :
"The right of petition was not mentioned by Article 22 of the
C1923. the Council of the League of Nations ado ted certain rules,
relating to this matter. Petitions to the League rom comrnunities
or sections of the populations of mandated territories were to be
transmitted by the mandatory Govemments, which were to attach
to these petitions such comments as they rnight consider desirable.
By this innovation the supervisory function of the Council was
rendered more effective.
The Court is of opinion that this right, which the inhabitants
of South-West Africa had thus acquired, is rnaintained by Article 80,
paragraph I,of the Charter, as this clause hasbeeninterpretedabove.
In view of the result at which the Court has arrived with respect to
the exercise of the supervisory functionsby the United Nations and
the obligation of the Union Government to subrnit to such super-
vision, and havingregard to the fact that the dispatch and examina-
opinion that petitions are to be transmitted by that Govemments of the
to the General Assembly of the United Nations, which islegally
qualified to deal with them.
It follows from what is said above that South-West Africa is
still to be considered as a territory held under the Mandate of Decem-
ber 17th, rgzo. The degree of supervision to be exercised by the
General Assembly should not therefore exceed that which applied
under the Mandates System, and should conform as far as possible
to the procedure followedin this respect by the Councilof the Lcigue
of Nations. These observations are particularly appliciiblc to annual
reports and petitions." [1g50]I.C.J. 128. 137-38.28 STATEIIENT OF THE UKITED STATES 01: AIIERICA
In this connection, it is also iioted that in the Advisorv O~iiiion
of June 7,15)j j(Voting Procedure on Questions Relating Co~é~orts
and Petitions concernino the Territorv of South-West Afri-~)-----.,,
Court commented as folgws :
"Wheii the Court stated in its previous Opinion that in exer-
cisingits supervisory functions the General Assemblyshould conform
'asfar as possible to the procedure followed in this respect by the
Councilof the League of Nations', it was indicating that in thenature
of things the Gener~il Assembly, operating under an iiistrument
different from that vihich governed the Council of the League of
Nations, would not be able to follow precisely the same procedures
as were followed by the Council. Consequently, the expression 'as
far as possible' was dcsigned to allow for adjustments and modifica-
tions necessitated by legal or practical considerations." [1355]
I.C.J. 67, 76-77.
II. PROCEDUI~ EF THE LEAGUE OF NATIONS
The records indicate that the Permanent Mandates Commission
had no provision in its niles for oral representations concerning the
Mandated Temtories and did not in practice grant such oral
hearings to petitioners, although individual memhers of the Com-
mission were free to hear petitioners privately.
The Court's attention is invited to the League of Nations publica-
tion, The Mandales Syslem ; Origin, Principles, Application (L.N.
publication V1.A. Mandates; 194j.VI.A.1. Geneva, 1945). The
third chapter of this publication discusses the experience of the
League of Nations in i:onnection with the supervision of the
Mandates System. The ctiapter begins as follows :
"III. THE ~UPERV~!~IOS OF THE ?~~.~SDATOR ADMINISTRATION
BY THE LEAGUE OF XATIONS
1. Nature and Extent of the Supervision.
The international supervision provided for in paragraphs 7 and
g of Article 22 of the Covenant is the cornerstone of the whole
mandates svstem.
Since theCovenant institutes a system of tutelage to be exer-
cised on behalf of the League of Sations, the guardians or Manda-
tories are responsible to the League and mus: accordingly accept
its supervision. The v:ry conceptions of tutelage and of a mandate
imply confidence in the person or authority entrusted with it ; it is
therefore obvious that the supervision must not be exercised in ?ny
spirit of mistrust. It clearly emerçes, however, from the provisions
ofthe Covenant and from the dccisions of the Council that what is
intended is an effective and genuine, not a purely theoretical or
formal, supervision.
In a report presented to the Council by the rapporteur, the
I3elgian representative. on August jth, 1920. the question of the
estent of the right of control to be exerciscd by the League of
Xations was dealt witli in the following terms : STATEMENT OF THE USITED ST.4TES OF AIIERICA 29
'What will be the responsibility of the mandatory Power
before the League of Nations. or in other wnrds, in what direction
will the League's right of control he exercised ? 1s the Council
to content itself with ascertaining tliat the mandatory Power
has remained within the limits of the powers which were con-
ferred upon it, or is it to ascertain alsowhether the mandatory
Power has made a good use of these powers and whether its
administration has conformed to the interests of the native
population ?
It appears to me that the wider interpretation should be
adopted. Paragraphs I and z of Article 22 have indicated the
spirit which should inspire those who are entmsted with admin-
istering peoples not yet capable of governing themselves. and
have detemined that this tutelaee should be exercised hv the
States inquestion. ;u:\landatorics~irid in the name of the Lea~ie.
'l'lieanniial report stipulated for in par;igraph 7 shoiild crrtainly
incliide a statement as tu the rhole moral and m:iteri:ilsituation
of the roplrs under the mandate. It is clcar. therefore, ttiat the
CoiinciY should also examine the questiori of tlit!whole :idrninis-
tration. In this matter the Council willnh\~iouslvlin\,c to display
eutreme prudence so that the extrcise of its right of control
should not provoke any jiistifiûble complairits, and tlius increase
ttir dificulties of the tisk undertaken hv the mandator) Power.' '
By adopting this report, the Council approved the wider inter-
pretation advocated therein.
A report presented by the Council to the Assembly on December
6th. rgzo, contains the following statement to the same effect :
'With regard to the responsibility ofthe League for ocuring
the observance of the terms of the mandates, the Council inter-
prets its duties in this connection in the widest manner.' '
Reference should also be made to the terms of the mandates and
to the Council resolution ' under which mandatories are required to
attach to their annual reports the complete text of ail general
legislative or administrative decisions adopted in the mandated
temtories. Again, the constitution of the Mandates Commission
adopted by the Council provides that the accredited representatives
of the mandatory Powers are to furnish any supplementary explana-
~~-~~or in~o~mation for which the Commission mav ask them and
nuthorisrs the Commis~ion.after it has examined the'annual reports,
to la,, before the rcprcscntatives 'an\, uther matters coniiected
with the mandates'.
The mandatory Powers, therefore, are supposed to render an
account of al1 details of their administration and it 1sclearly the
intention of the Council to exercise its right ofsupervision in respect
of their administration as a whole." Id.at 33-34.
Specifically in connection with means of supervision, the League
of Nations publication States :
"' League Anîembly document zojq81161.
Council resolution of Augurt zgth. 1924.iMinuler of theThirliclhSession.
page 1287.3" STATEMEKT OF THE USlTED STATICS OF AMERICA
"3. Sources of 1nfoi:mation-hleans of Su~>crvisioii.
In accordance with the Couiicil's decision of August 5th, rqzo
(see pages 33-34). the >fandates Commission examines the wliole of
the administration of the various territories in the light of the prin-
ciples laid down in the Covenaiit nnd of the provisions contained iii
the Mandates themselves. It does not therefore limit itself to the
more or less neea-ive role which would consist in verifvine that the
>land;ituries Ii~vcnot uverstel,yed tlic poivcrs coiift:rrc;iiIhiitlieni ;
ilIikt:\$'iscnsc~~rt:iiii;.i.hctiii.r liicst! poii<:rs 1i:ivr hi:cii lut to good
use ;ind \\,li~tlicrthc ;idriiiiii~trntioii 1:~sbcvn in nccord;iiiri~ivitli the
interests of the native populations.
This twofold object of its super\.isioii leads the Commission to
go thoroughly into evcry aspect and al1thr dctails of themandatory
administration.
The chief source of information at its disposa1 consists iii the
annual reports of the mandatory Powers. From the outset, tlic
Commission applied itself to facilitating the preparation of these
reports and to the im&~roveinentof tlieir system by drafting,for the
use of the mandatory Powers, questionnaires of different types
corresponding to the "A", "B" and "C" Mandates. The reports and
their annexes which, in general, are prepared on the linesof these
questionnaires, cover the whole field of activity of the various
branches of the administration. The mandatory Powers, iii fact.
have continuallv soueht to render their aniiual reports morc com-
~>rcliensive.nndto iiiJude in tlieni al1r,,lc\.3iit infoiiiiation conct2rii.
ing tlic ~IUIII~of SI)CCI:I iiIiter~st to tlic iiiciiil>:rtlikCoriiiiii~~ioii.
!dani. of tlicsc rcnorts 315.0i:c)~itaiii\.,,ri, \aIu:itiIi: scientinc inIt)riiiii.
tionLn geographicaI, geological. linguistic, ethnographical, etc..
subjects-which it woiild be difficult to find elsewhere.
The terls of laws and administrative rcgulations, which the
mandatory Powers ari: under an obligation to c~mmunicate to the
League of Nations (ses page 34). constitute an indisl~ensable adden-
dum to the annual reports.
The hetitions which the Commission receives from time to time,
t:itlicr fruiii iiiliahit;iiiis ui tlic iii;iii<l;itedl~.rrirories or froni soiiii.
ottier soiirce,iiiaccur(1irice uith ;i.ilicci:ilpiocediiri: laid d0u.n hytlit:
Council l,constitute not only a me& \vhireby those concerned may
state their grie\.ances and secure redress for an). wrongs done them
but also an ndditional r;oiirceof information forthe Commissiori.Any
petitioii froni the inhabitants of a mandatcd area must be trans-
mitted to the League of Sations througli the maiidatory Po\i.er.
which is entitled to attach thereto such coinments as it may thinli
desirable. Any petition froiii anotlier soiirce is coinmuriicated to the
Chairman of ttie Cominission. Thc latter dccides ivhich, by reason
of the nature of their contents or tlic authority or disinterestedness
of tlieirauthors, slioulclhe regarded as clairiiing attention and which
slioold be regarded as obvioiisly trivial. The former ;ire commiinicat-
ed to the maiidatory I'ower, whicli is askecl to prescrit its observa-
"' Rules ofI'roccdure in respect ofl'etitions concerr$inginliabitants ofmandate4
tcrritorieîa<loptedby tlic Council on Jan~nry 3ist. 1923.See also Suncinory ofIhe
Procedzrrr Io 08 foiloiriiithe .llaIler of Prtiiiotzs coitc~ii,iirg .ITen'ilories,
LcaglieofSations dociii,irnt C.j~g.\f.rp).ig~i.VI. STATE31EST OF THE UNITED STATES OF AMERICA 3I
tions ; the latter (i.c., thc petitions regarded as non-receivable)
are reported upon by the Chairman to the Coinmission. With regard
to petitions received through the mandatory Governments, the
Commission itself decides, in accordance with certain criteria laid
down in the rules, whether they can be entertained '. Finally, with
regard to petitions which are considered receivable, the Commission
is at liberty to formulate such conclusions or recommendations as
itmay consider appropriate for submission to the Council.
This procedure, while securing to interested parties the right
to ~resent vetitions. had rerrar.,to the Deculiadv delicate ~osition
of ;n:indargry ~oii.c;s rvliosexiitliority ;t i.i(1rsi;ablc iiot16 Ics'en.
In order to disioiir:ijir: c;iliiniiiioiis srateiiicii:idistiiiction isdr.lwn
between petitions emanating from a source worthy of attention and
~~--- which are. for instance. si.olvi',vired br. ill-will.
A variely of 'documenls not commun'icated 'by the mandatory
Powers constitute yet another source of information for the Commis-
s~o~ ~ ~ese mav béeither official documents. such as the records of
pnrliamciitary &l>ates cviirerning ni3iidated terrirorics. or iiifunna-
rioii ïm:inatiiig from pri\,ate sources, such as scitntinc studies or
articles uublisticd in rci.ic\vs ur iti111sdaily t'ress. The cullectioii of
such do'cumentation is the duty of the hfandates Section of the
Secretariat, whicli is instructcd by the Commission to submit to it
anv vublications or documents rvhich mav be of intcrest to it and
l~rb\.;dc ir \rirtiinlorm~tior~r<:g:irdingevpiesjions of public opinion
tliroiiglioiit th* world concïrning 1 inandates systrm'. This
<I~lic;itctask \ins<I~scril>~d I>\llic IJircctor of ttic brction as follo\r.S.
'In iindertaking such a selection, we endeavour to be guided by a
single consideration-that of unswerriiig impartiality. It does not
fall aithin our provincc to judge of the tendencies and opinions
which ive bring to the notice of members of the Commission, but
merely of the apparent sincerity, the seriousiiess of purpose and the
competence of their authors ... We resolutely refrain lrom taking
sides in any aay in the clash of opinions which is revealed in our
documents. Sor caii these documents ever serve, as the sole basis
for any action or intervention by the Commission in any sphere
whatever.'
The heariitg of the accrediled represe~italives of lhe mandatory
Powers. on the occasion of the examination of the annual reports,
generally enables the Commission to make good any deficiencies in
the written information at its disposal, to clear iip obscure or
doubtful points, to dispel any misunderstaridings and ihus to elimi-
iiate the possibility that its coiiclusions may be based on incomplete
"' I'etitionsare regardcd as non-receivable on the following grounds amongrt
otliers (a) if the) contain complaints which are incompatible with the provisions
of the Covenant or of the iliandates: (b) if they enianate from an anonymous
suurïc :(c) if tliccoiw the saiiic groundas ,vas covercd by a reccntly submitted
lxtitiu~i anddu not contain any new information of iiiiportnnce ; or(d) if they la?
beforc the Coniiiiisiioni disputes with which the Courts have conipctence to deal or
if their authors ..rieal froa decision r-.ular... uronouneed ....urouerls constitut-
cd Court.
"2 Sec, in ~>aitictildli8tiileO/the Firsl Sessioit of theCoiriiiiis(page 30) and
of tlieSecuizdSessivir (page O).
""At the second çessioii(.lliiiiipage 6).
132 STATEMENT OF THE UPIITED STATES OF AHERICA
data. The presence of representatives of the mandatory Powers has
roved of the greatest assistance to the Commission in the per-
Formance of its tasks. It affords an ouuortunitv for the discussion.
not only of questions arising out of examination of the annual
reports, but also of any questions of a general nature regarding the
mindatoxy regime. In the result, there has grown upa geniiine
collaborationbetween the Commission and these representatives.
The Commission has made rvrrv effort to render tliis collabora-
~ ~ ~ ~~ ~. ~~,
tion as fruitful 3s possible. At tirsr. tlic ni;iridator! Pox.cri iiiii:ill!.
sent officials of the Iionic-couritry to rcprescnt tlierii. 111tlic r<-liurt
on its foiirtli session. Iiowrver '.tliç Commission drcw the Coiincil's
attention to the exceptional assistance u.liich an nccreditcd repreicri-
rative. ivho \vasIiimself tlie a<lrninistratiir of tlic ttrritII<~iit~stion.
Iiiid :iHor<lt:dit. Tlie iominijsiun. iittiis conncctidn. rern;irl;~d th.it
'the presence during its discussions of those who are personally
responsihle forthe actual administration of the mandated territories
presents, in the Commission's opinion, eminent advantages'. The
Council, concurring in the view taken by the Commission, expressed
the hope that the mandatory Powers woiild in future years find it
possible 'to send the officials personally responsible for the adrninis-
tration of mandated territories as representatives to the Mandates
Commission' '.
The mandatory Powers have complied with this wish so far ashas
been possible in practice and consequently the Commission has
frequently had the henefit of the CO-operationof personalities in
direct charge of the administration of the mandated territories, such
asthe High Commissioners for Syria, Iraq and Palestine, the Gover-
nor of Tanganyika, the Commissioner for tlie French Cameroons or
the Administrator of South West Africa, or again District Commis-
sioners from Togoland, the Director of Native Affairs in Xew Guinea.
etc. The persona1 contact thus established between the Commission
and the officials of the various territories kas been attended by the
happiest results and has singularly facilitated the working of the
system. hfembers of the Commission have heen enabled to form an
exact idea of the characteristic problems and special difficulties
confronting the administration of a particular territory. The
officials, for their part, as a result of contact with the memhers of
the Commission, have acquired a fuller understanding of the
spirit animating the Commission's observations and of the atmo-
sphere in which the international supervision of the mandatory
administration is conducted.
Though it meets in Geneva, the Mandates Commission. tlianks to
these various sources of information, has at its disposal abundant
data of different kinds which is supplemented by verbalinformation ;
it is thus in a position to form an impression with regard to al1
aspects of the mandatorv administration and to the conditions
pievailing in the territorks and, in general, to express opinions
based on a complete acquaintancc with the facts.
"' League of Xations document A.r5.rgz4.VI.
"I :ilinulcof the Thirfielh Serriooffhc Council (meeting oAugust 29th. 1924).
page 1287. STATEMENT OF THE UNITED STATES OF .431ERIC.4 33
The Covenant and the Rnles of Procediire with regard to the
examination of annual reports and of petitions do not empower the
Coinmission to obtain supplementary information through ch[innels
other than tliose mentioned above. On the other hand. there is
nothing in these riiles whicli expressly precludes it from so doing.
In the absence of an express prohibition in regard to this point,
the ouestion mav arise-and has in fact arisen-whether. in case
ihr ir;funii.itit,;;tits<lisl~osalsli~~iilnftcrnllapl)car ili:irlr~(ii:irril.ic
1:oiiimisjiiiii iniglii iiot h.ivi, ri:cour10!otli,.r iiii..iiii of ~~~ciirlictg
iiiforni.irioii ri~itiircdIiv 'ltiif;ict tliat it is tlic diii>ftlit.Coiiiinib-
sion to furnish 'the ~oiiicil with its opinion on al1q;iestions relating
to the execution of mandates would seem to involve an obligation
to do so with a full knowledge of the facts. Docs it not follow tli;it the
Commission should be free to select the means which it may consider
most appropriate with a view to securing the requisite information ?
On tlie othcr hand. since the Council has laid down rules for the
procediire to be followed with regard to the examiriation of ailnual
reports and of petitions, must it not be inferred that recourse to
any other form of procedurc is precluded ?
The question has been raised, in the first placc, in connection
with the admissibility of an oficzal heariiegof pctitiorrcrs.Discussions
took place on this subject at the third, eighth and ninth sessions of
the Commission '.The views of members of the Commission were
summarised in the notes appended to the minutes of its ninth
session '.These notes make clear, on the one hand, the Commission's
desire fully and impartially to investigate grievances which are
referred to it and. on the other hand. its a~prcciation of tlic diffi-
culties of the task of the mandatoryPowérS. In its report to the
Council on this session, the Commission, howci~er,coiifined itself to
the following observations $:
'The Commission has again carefully considered the procedure
in force aith regard to petitions. Experience having shown that
sometimes the Commission has been unable to lorm a clefinite
opinioii as to whether certain petitions are well founded or not,
the Commission is of opinion that in those cases it might appear
indispensable to allow the petitioners to be heard by it. The
Commission, however, would not desire to formiilate a (lefinite
rccommendation on this subject before being inlormed of the
views of the Council.'
Followine ~2un,n this observation. the Council decided to reouest
Ili<:in;ind:itory I'o\icrs to givc tli<ir vicw, i~iitlic <~iicstioiir.iij~rl 11).
the C<iriiriiisïion. Iii tlivir replies' thesc I'ou.cri a11oplioscd thc
Iitxrinl: of petitioncrs. 'i'hcv)>ointe<o \ uil IIi;<t,u.it>li<:tn proc<:<lar<:
-\ihicli \r.oiild invol\,e th,, liearin:it tli< s;im<!tiiii<:c;ir<,[ircscnt;i-
tive of tlic ninnd.itor\. I'oii.,,r-tlii: Ixirtic. woiilrliif:ii:t,I,i.t:ng;igi.tl
"' Sec ~llinulerofthe Third Sessioripages 62 and 64-67; ofthe Eighth Session.
pages 157.159a ,nd of the 'Vinth Session,pages 47-5052-56and129-130.
"' Minutes of the Ninlh Sessio~ of the Cornnzissii>n,pages 189.192.
Mi,iulcr ofthe XinlhSesriorz of fhr Comritisrio?page 216.
"' ~llirrtrl01 the Forty-firrSession of fhe Coi<ltcipage 1239.
"' Summarised on pagc 438 01 thei\li>zi<ter ofthe Forfy-foiirlhSessiu,luffhe
Couitcil.34 STATEhlEST OF THE UKITED STATES OF AMER1C.X
in a controversy before the Commission and that any procedure
which would seem to transform the Commission into a court of
law would be inconsistent with the very nature of the mandatory
system. They added that the hearing of petitioners would weakeii
the authority which the Mandatory should possess in order to
carry out its duties successfully and tliat it might lend itself to
intrigues on the part of those who were more desirous of promoting
disorder than of remedying defects. Furthermore, it was ohserved
that, in countries where the right of petition was governed b'-
regulations, petitioners were not as a rule entitled to a hearing by
the competent authorities.
The Council. recognising the justice of these observations, ex-
pressed the opinion that 'there is no occasion to modify the procedure
which has hitherto been followed by the Commission in regard to
this question' '.The Rapporteur, however, observed in his report
that, if, in a particular case, the circumstances showed that it \vas
impossible for al1 the necessary information to be secured by the
usual means, the Council might 'decide on such exceptional proce-
dure as might seem appropriate and necessary in the particular
circumstances'.
On the other hand,the meinhers of the Commission have generall?
taken the view that, individuallv and in a private capacitv, tliev
might grant interviews to any person anxious-to explain-to them the
situation in some mandated territory or to present private griev-
ances '.
Investigalioirs011 the spol are not, generally speaking, regarded
as within the cornoetence of the Mandates Commission. The auestion
whether it should'he permissible for the Commission, or fo;special
committees appointed ad hocbv the Leanue of Nations, to undertalie
such investiaaiions in order. ifneed be.to suvvlement the infonnû-
tion at its dysposal and obtain a personal im6;ession on the spot of
the conditions prevailing in mandated territories, has frequently
heen discussed by public opinion throughout the world and in
literature relating to the mandates system. It has heeii contended iii
some quarters that the fact that it is the duty of the League of
Nations to supervise the mandatory administration implies, or
should imply, a right of enquiry, and the absence of local investiga-
tions has been criticised asa weakness of the system.
* * *
It has seemed worth while to mention these facts in connection
with the ver? important question of principle involved by tlie powrr
to carryout local investigations.Though the qucstion lias never beeii
explicitly settled by the organs of the League of Xations, the state-
ments and decisions set out above afford sonie clue to the standpoint
adopted in regard to it by the members of the Xandates Commission
and of the Council and show how difficult, delicate and cornplex are
tlie problems whicli it raises.
"'illirrufofIha Forty-fourth Serriorr of tlte Cotiircil, page 138.
"'See.in particular, hIi>tufesoSeve>?lS<srio>ofIheCoi,imisrioii. pnges3)-jj,
anclof tlic Nipith Sessioli. page 51. STATEIENT OF THE USITED STATES OF ANERICA 35
To sum up, it may be said that-within the framework of the
mandates system, as it has been applied hitherto-the Couiiciland
the Mandates Commissionhave at their dis~osala varietv ofaD..o-
priate mcniisof olitniniiigiiiforiiiation\vliicti.in gencral, cuiistitutc
an excrllent b:lsisfor tlic e.~rrciseofsiil>cri.iover rtie1n;indatory
administration, but that sornetimes, in particular cases and excep-
tional situations, they can discharge their task only 'withincertain
limits'unless they have recourseto more direct means of procuring
information." Id. at 37-42, 46.
III. PRESENT PRACTICE OF UNITED NATIONS COIIMITTEE ON
SOUTH \VEST AFRICA
In 1955, the Committee on South West Africa reported to the
General Assembly (UN Document A/z913) that the Committec had
invited the Government of the Union of South Africa to assist
the Committee in its work and in particular to render a report on
the Territory of SouthWest Africa for the year 1954.The Committee
reported that the Government of the Union of South Africa had
notified the Committee that the Union Government's attitude
had remained unclianged conceming the submission of reports.
In July, 1949. the Union Government notified the Secretary-
General of the United Nations that the Union Government had
decided to discontinue the submission of reports '.In addition, the
Cnion Government has refused to submit petitions onthe Territory,
or othermise provide information to the Committee.
1 Inçi~nnection \\.itli the annual reports which wcre the chief sourcc of inforiiia-
tion at the disposa1 of the llandateCommission, onc authorityhaç ohscrred :
"The anni~al reports of the mandatory powers on the territorieunder tlieir
a ,videnrea than tliat indicated in the questionnaire drawn up by the Comniissi<in.
...Tlic reports.even for minor teiritoricshecame massive printed docunients
containing a vast atnount of detailed information about almost cvery conceivable
aspect of thc territory onwhich inform?tion likely to interest the Commission could
be given. Thus, the annual report on South-\Vest Afriea fur th1939,received
by the Lengucin 1940,containcd some 250closely printecl folio pages1<.It covered
thiiteenchapters with 1.368 nuniheied paragraplis.\\'hile in constructiand
arrangenient it follo\i,ed more or less the generalline of the questionnaire. it includcd
more headings anda far \vider field than that document."
Hall..lln>~dnleDcpctzdci~cicsaiTruslscshi(19.48)187-SS.3b STATEZIEST OF THE IISITED STATES OF AYERIC:\
IV. Cosc~uslos
The .Court's Advisory Opinion of July II, 1950, concluded that
the General Assembly of the United Nations should act in the
place of the Council of the League of Xations in exercising inter-
national supervision over the administration of the Territory of
South West Africa and should conform as far as possible to the
procedure followed in this respect by the Council of the League
of Nations. The Conncil never authorized the Permanent Mandates
Commission to grant oral hearings of petitioners. The Council and
the Mandates Cominission did, ho~vever,receivc extensive informa-
tion concerning the Territory from direct sources such as annual
reports. -vrittcn ~~etitions,and hearings ofaccredited representatives.
What action the Council would have taken, had that body and the
Mandates Commission been denied such information, must neces-
sarily be a mattcr of speculation. It does appear, however, that
the Council considered itself competent ta authorize the Mandates
Commission to obtain information through such appropriate
means as circumstances miglit require for the effective supervision
of the Mandates System. \Vhere the United Nations body charged
with supervision of a mandate is denied access to direct sources
of information concerning the mandated territory-through
absence of annual repsrts, comments of the mandatory on written
petitions, and appearance of a representative of the mandatory
at meetings of thesupervisory body-it would seem that the General
Assembly (as thc United Nations body responsible for supervision)
could properly authorize resort to other sources in order to gain
information on thc mandate, incliiding the oralhearing of petitioners
from the tcrritory.2. LETTER FROM THE MINISTER OF EXTERNAL AFFAIRS
OF INDIA TO THE REGISTRAR OF THE COURT
NO. ~-I/~~-AFRI.
11th February, 1956.
Sir,
In continuation of this Ministry'setter No. F.7-1156-AFRI, ated
the~gth January, 1956.1 am directcd tostate that the Government
of India do not consider it necessary to submit any written state-
ment in regard to the admissibility of oral hearings frompetitioners
on mattcrs relating to the territory of South West Africa in view of
the fact that their views in the matter have already been indicated
in the relevant records of the Tenth Sessionof the General Assenihly
of the United Xations.
Yours faithfully,
(Signerl) [Ill~gihle.]
For Secretary. 3. WRITTEN STATEMENT OF THE GOVERNMENT OF
THE REPUBLIC OF CHINA
February IS, 1956.
The Goveriiment of the Republic of China has the honor to
submit to the InternationalCourt of Justice the following state-
ment on the admissibility of oral heariiigs before the Committee
on South West Afnca, on which question a request for advisory
opinion has been transrnitted to the Court under the resolution of
the General Assembly of the United Nations on December 3, 1955.
The Government of the Republic of China is of the view that
in deciding whether oral hearings before the Cominittee on South
West Africa are admissible, the previous advisory opinion of the
International Court of Justice should be adhered to and the proce-
dure under the former Mandates Svstem of the League-of Nations
should be followed.
The Government of the Republic of China notes that the advis-
ory opinion given by the International Court of Justice on JulII,
1950. and accepted by the United Nations General Assembly
during its fifth session has provided, inter alia. that the degree
of suvervision to be exercised bv the General Assemblv with
respec't to the Territory of South i~est Africa should not éxceed
that which applies under the Mandates Systein and should conform
as far as possible to the procedure followedby the Council of the
League of Xations.
In view of the fact that there \'as no provision for oral hearings
in the rules of procedore of the Permanent Mandates Commission
and that the Commissioii did iiot consider it its duty to hear
petitioners, the Government of tlie Republic of China is of the
opinion that the admission of oral hearings by the General Assem-
bly would ~iot be in conformity with the past practice of the
League of Nations and would not be in consonance with the
previous advisory opinion of the Court.
The Government of the Republic of China voted in favor of
the resolution of the General Assembly in its tenth session request-
ing for another advisory opinion from the Court on the admissi-
bility of oral hearings before the Committee on South \\'est Africa,
in the belief that a iicw opinion from the Court would dispel al1
doubts on this question, as expressed by certain other I>elcgations
during the discussion.
Written Statements