Western Sahara - General Assembly requested the Court to give an Advisory Opinion

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INTERNATIQN.A Cl OURTOF.JUSTICE

Peace Palace,The Hague Tel. 92 44 41 Cables: !ntercourt, The Hague

communiqué
unofficial
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Nù, 75/1
9.January 1975

Western'Sahara

The·'foliowins. 'information 1s ·made avà.1lable ·to the Press by the
Registry· of the •International Court of Justice:·

..~ 21 ·necember 1974 the Court rece1ved from the Oeneral Assembly
of tbé·Vntted N! i ions a .request for an advis or.y opinion on the following
questions:. . ' . . . .

• "I •.- ·WaWe$tern Sahara .(Rio de Oro and' Saki et El Hamra) a.tthe
time of colonization by Spain a terr1tory.belong1ng to no one
(terra_nullius)?

If the answer to the first question is in thé negative,

II. What were the legal ties between this territory and the
l{ingdom of Morocco ànd the Mauritanian ent1ty?"

On 3 Jan~ary·1975 the Predi.dent of the Court made an Qrder t'ixing
'Z7 March 1975 as the time-limit ·for the submission·.of written statements
by Stat~'3 considered by the Court as l1lŒly to be 11ble to furnish
informatlon on these questions ..

The States Membera of the United Nations have been informed that,
in the event of their be1ng able to provide re~Jvant information, the
Court will be prepared to receive their written statements w1th1n the

above-mentioned time-limit,

The subsequent procedure is reserved for further dec1sion.

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The following is the text of the two .main Articles of the Co:urt s
Statute govem1ng the pt'ocedure on requests for advisory opinions:

Article 65

n1. The Court ma.y give an adviaory opinion on any legal
question at the request of wiatever body may be autbor1zèd
by or in accordance with the Charter of the United Natior.s to
make suoh a request.

2. Questions upon which the adv"isory opinion of the Court
1s asked shall be laid bet'ore the Court by means of a written
request contain:tng an exact statement of the question upcn
llfhiche.nopinion :!.s required, and accompanied by all documents
likely to throw light upon the question. n

Article 66 •••• - 2 -

Article 66

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1. The Registrar shall forthwith give notice of the
request for an advisory opinion to all States entitled to
appear before the Court.

2, The Registrar shall also, by means ;of a special and
direct communication, notify any State enti~led to appear before
the Court or international organization considered by the Court,
or, should it not be Sitting, by the Presid~nt, as likely to be
able to furnish information on the ouestion, that the Court will
be prepared to receive, within a time-limit to be fixed by the
President, written statements, or to hear, at a public sitting to

be held for the purpose, oral statements re]ating to the question.

3, Should any such St.ate entitled to a.ppear before the Court
have failed to receive the special communication referred to in
paragraph 2 of this Article, such State may·express a desire to
submit a written statement or to be heard; and the Court will ·
decide.

4. States and organizations having pr~sented written or
oral statements or both shall be permitted to comment on the
statements made by other States or organiza~ions in the form,

to the extent and within the time-limits which the Court, or,
should it not be sitting, the President, shall decide in each
particular case. Accordingly, the Registrai' shall in due time
communicate any such written statements to States and organizations
having submitted similar statements. n

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