INTERNATIONAL COURT OF JUSTICE
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
unofficîal
forimmediaterelease
No. 98/38
13 November 1998
Difference Relating to Immunity from Legal Process
of a Special Rapporteurof the Commission on Human Rights
Reguest for an advisory opinion by ECOSOC
• Public sittine-s to be held on 7 and 8 December 1998
THE HAGUE, 13 November 1998. The International Court of Justice (ICJ) will hold public
sittings on Monday 7 December and Tuesday 8 December 1998, from 10 a.m. to 1 p.m., in order
to hear oral statements in the case concerning the Difference Relatîng to Immunity from Legal
Process of a Special Rapporteur of the Commission on Human Rights (request for an advisory
opinion).
The United Nations will be the first to speak. Costa Rica, ltaly and Malaysia will follow.
The Court may also, if it considers it necessary, hold a public sitting on Thursday
10 December 1998, from 10 a.m. to 1 p.m., in arder to hear any replies to the oral arguments.
By an Order dated 10 August 1998, Judge Shigeru Oda, the Senior Judge, decided that
the United Nations and the States parties to the Convention on the Privileges and Immunities of
the United Nations (the interpretation or application ofwhîch is the source of the difference) might
furnish information on the question submitted to the Court by Economie and Social Council of the
United Nations (ECOSOC). He fixed 7 October 1998 as the tîme-limit within which written
statements on the question could be submitted ta the Court.
Besides the United Nations Secretary-General, Mr. Kofi Annan, the following States
submitted written statements within the time-limit fixed: Rica, Germany, Italy, Malaysia,
Sweden, United Kingdom and United States of America. Greece submitted a written statement after
expiryof the time-limît, but the President of the Court gave Ieave for this late filing.
Further, as provided by theer of 10 August 1998, the United Nations Secretary-General
and the above-mentioned eight States bad until 6 November 1998 ta file written comments on the
other written statements.Besîdes the United Nations Secretary-General, the followingtes
submitted such written comments: Costa Rica, Malaysia and United States of America.
A written communication was also received from Luxembourg.
The written statements and the written comments are not yet available to the press and public.
They may be made public after the opening of the oral proceedings. - 2 -
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 to
Mr. Data' 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 a total amount of 112 million US dollars. The plaintiffs assert that he used
defamatory language in an interview he gave in 1995 to International Commercial Litigation
magazine.
However, accordîng to the United Nations Secretary-General, Mr. Cumaraswamy spoke in
his official capacity of Special Rapporteur and was thus immune from legal process by virtue of
the Convention on the Privileges and Immunities of the United Nations.
Moves by the United Nations Secretary-General to ensure respect for this immunity did not
lead, in his view, to any appropriate intervention by the Malaysian Government in the Malaysian
courts.
•
NOTE FOR THE PRESS
1. The public sittings will be held in the Great Hall of Justice of the Peace Palace in
The Hague, Netherlands. Mobile telephones and beepers are allowed in the courtroom provided
they are turned off or set on silent mode. Any offending deviee will be temporarily retained.
2. Members of the Press will be entitled to attend on presentation of an admission card, which
may be obtained upon application. The tables reserved for them are situated on the far left of the
public entrance of the courtroom.
3. Photographs may be taken for a few minutes at the opening and at the end of the sittings.
Television crews may film, but advance notice should be given to the Information Office (see •
paragraph 7).
4. In the Press Room, located on the ground floor of the Peace Palace (Room 5), the Court's
proceedings will be relayed through a loudspeaker.
5. The verbatim records of the oral proceedings will be available on a daily basis on the
Website of the.Court {bttp://www.icj-cij.org).
6. Members of the Press who wish to make telephone caUsmay use the phone located in the
Press Room or the public telephones in the Post Office in the basement of the Peace Palace.
7. Mr. Arthur Witteveen, Secretary of the Court (tel: 31-70-302 2336), and
Mrs. Laurence Blairon, Information Officer (tel: 31-70-302 2337), are available to deal with any
requests for information and for making arrangements for television coverage.
Difference relating to immunity from legal process of a Special Rapporteur - Request for an advisory opinion by ECOSOC - Public sittings to be held on 7 and 8 December 1998