INTERNATIONAL COURT OF JUSTICE
Peace Palace, 2517 KJ The Hague. Tel. 92 44 41. Cables: lntercourt, The Hague
Telex 32323
Communiqué
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,,1 No. 88/4
9 March 1988
The Court accelerates its procedure in the advisory case
submitted by the General Assembly of the United Nations
The following information is made available to the press by the
Registry of the International Court of Justice:
On 9 March 1988 the International Court of Justice unanimously
adopted an Order accelerating its procedure on the request just submitted
by the General Assembly of the United Nations for its advisory opinion on
a question concerning the applicability of section 21 of the
United Nations Headquarters Agreement.
As stated in I..C.J. Press CommuniquéNo. 88/3, the Court's opinion
has been requested 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 the
Permanent Observer Mission of the Palestine Liberation Organization to
the United Nations. The Act is due to take effect ninety days after its
signature by the Pn!sident of the United States, which took place on
22 December 1987.
The relevant provision of the United Nations Headquarters Agreement
referred to in the question reads:
"Any dispute between the United Nations and the
United States concerning the interpretation or application of
this agreement or of any supplemental agreement, which is not
settled by negotiation or other agreed mode of settlement,
shall be refer:red for final decision to a tribunal of three
arbitrators, one to be named by the Secretary-General, one to
be named by thie Secretary of State of the United States, and
the third person to be chosen by tpe two, or, if they should
fail to agree upon a third, thei\ by the President of the
International Court of Justice.~
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In its Order the Court notes the time constraints drawn toits
attention by the General Assembly and concludes that the provision
of an early answer to the Assembly's question is desirable.
Accordingly it has applied Article 103 of the Rules of Court under
which, in such circumstances, it "shall take all necessary steps to
accelerate the procedure".
The Secretary-General has informed the Court that the documents
required to throw light upon the question will be supplied toit as
soon as possible.
So far as consistent with the Statute of the Court, States and
international organizations may submit statements, whether written
or oral, for consideration by the Court in proceedings of an
advisory nature. To that end, while each State entitled to appear
before the Courtis automatically notified of the filing of the
request, any State or international organization deemed likely to be
able to furnish information on the question putto the Courtis also
directly notified of the Court's readiness to receive or hear such
statements.
In the present instance, the Court has decided that the
United States of America and the United Nations shall receive a
direct notification of that kind, and has fixed 25 March 1988.as the
time-limit for the receipt of their written statements and those of
any other State party to the Statute wishing to participate in the
proceedings. The Court has further decided to open a hearing on
11 April 1988 for the purpose of enabling the participants to
comment on each other's written statements.
The programming of the Court's subsequent deliberation is also
covered by its decision to accelerate the procedure under
Article 103 of its Rules.
*
Within the text of its Order the Court, prior toits decisions,
takes note of a clause in General Assembly resolution 42/229 A
(adopted at the same meeting as the resolution, 42/229 B, whereby an
advisory opinion was requested) which inter alia calls upon the
United States, as host country, "to provide assurance that no action
will be taken that would infringe on the current arrangements for
the official functions of the Permanent Observer Mission".
Judge Schwebel has appended to the Order a separate opinion
expressing his regret that the Court should have quoted a text
which, in his view, exceeds the bounds of the question putto the
Court and encroaches upon the merits of a dispute which has not been
referred to the Court.
*
The printed text of the Order will be available shortly.
5Gd28
The Court accelerate its procedure in the advisory case submitted by the General Assembly of the United Nations