Request for Advisory Opinion (including the dossier of documents transmitted to the Court pursuant to article 65, paragraph 2 of the Statute)

PREMI~RE PARTIE

REQUÊTE POUR AVIS CONSULTATIF

ET PIÈCESDE LA PROCÉDURE ÉCRITE

PART 1.

REQUEST FOR ADVISORYOPINION

AND DOCUMENTS OF THE WRITTEN
PROCEEDINGS 8

SECTION A.-REQUEST FOR ADVISORY OPINION.

1,-LETTER FRQM THE SECRETARY-GENERAL OF THE

UNITED NATIONS TO THE PRESIDENT OF THE INTER-
NATIONALCOURT OF JUSTICE, THE HAGUE.

4 December 1948.
Sir,
1 have the honour to inforrn you that the General Assembly
of theUnited Nations, at its One hundred and sixty-ninth Plenary
Meeting held on 3 December 1948, decided tosubrnit the following
legalquestions to theInternationalCourt of Justicefor an advisory
opinion.

"1. Inthe event of an agent of the United Nations in the
performance ofhis duties suffering injury in circumstances
involving the responsibility oa State,hasthe United Nations,
as an Organization, the capacity to bring an international
claim against the responsible de jure orde fwto government
with a view to obtaining the reparation due in respect of the
damage caused (a) to the United Nations, (b) to thevictim
or to perçons entitled through him ?
XI. In the event of an affirmative reply on point 1 (b),
how is action by the United Nations to be reconciled with
such rights as may be posseççed by the State of which the
victirn is a national?"
Certified copies of the French and English texts of the Reso-
Iution of the Generâl AssembIy are enclosedherein.
The Semetariartwill transmit to the Court as soon as possible,
in accordance with Article65 ofthe Statute, al1documents likely
to throw light upon the question.
I have, etc,

(Signed)TRYGVE LIE,
Secretary-Genesal. 11.-RESOLUTION ADOPTED BY THE GENERAL ASSEM-
I BLY OF THE UNITED NATIONS ON DECEMBER grd, 1948.

Wherm the series of tragic events which have lately befallen
agents of the United Nations engaged in the performance of theil
duties mises, with greateur rgency than ever, the question of the
arrangements to be made by the United Nations with a view to
ensuring to its agents the fulleçt rneasure of protection in the
future and ensuring that separation be made for the injuries
suffered ;and
Wk~rraa st ishighiy desirable that the Secretary-General should
be able to act without question as efficaciously as possible with
a view ta obtaining any reparation due ; therefore
1
1 Tha Geaerd Assenably
D~cides to submit the following legal questions to the Inter-
national Court of Justice for an advisory opinion :

"1. In the event of an agent of the United Nations In the
performance of his dutieç sufiering injury in circumstances
involving the xesponsibility of aState,has the United Nations,
as an Organization, the capacity to bring an international
daim against the reçponsible de jzareor da facto government
with a view to obtaining the reparation due in respect ofthe
damage caused (a) to the United Nations, (b) to the victim
or to persons entitled through him ?
II. In the event of an affirmative seply on point 1 (b),
how isaction by the United Nations to be remnciled with
such rights as may be possessed by the State of which the
victim is a national ?"
Irtstructs theSecretary-General, after the Court has given its
opinion, ta prepare proposais in the light of that opinion, and to
submit them to the General Assembly at its next regular session.

Certified tme copy :
For the Secretas-G eneral,
(Signed) KERNO ,

Assistant Secretary-General
jricharge of the Legal Department. SECTION B.-DOCUMENTS TRANSMITTED

WITH THE REQUEST.

LIST OF DOCUMENTSSUBMITTED TO THE COURT1.

DOCUMENT SSBMTTTED BY THE SECRETARY-GENEM OFL THE

UNITED NATIONS IN THE COURSE OF THE WRLTTEN PROÇEEDINGS.

I. Document of the General Assernbly (A1674,Octobes 7th, 1948).

2. Record of Plenary MeetingofGeneraI Assembly (AlPV 169,Decem- ,
ber 3rd, rg48).

,, 292.

,, 281IRev. 2.

4. Report of Sixth Committee of the General Assernbly (A/74g,
December znd,1g48)C .on. I,French text, and Cors. 2,English

Records of Sixth Cornmittee of the Generd Assembly.
5.

A/C.b/ÇR xrz. A/C.G/SR 118.
,, 113. ,, ==9.
, 114. ,, T20.
,, 121.
,, 124.
,, 124,Cosr. r,Engl. text.

1These documents are not reproduced in this volume. lheRegzstrar.]