Letterdated 9June 1994 fromthe'~mbassad0r of ltaïiato the
NetherlandsL'AMBASCIATORED'ITALIA
L'MA
The Hague, 9 June 199;
Mr. President,
with reference to the request of an
Advisory Opinion formulated by the World Health Organization (WHO)
on 27 August 1993 and pursuant to article 66 of the ICJ Statute,
the Italian Government has requested me to address, by this
letter, the following statement to the Court.
After a close examination of the text of the question :,
addressed by WHO to the Court, the Italian Government has reached
the conclusion that the question is non-receivable and therefore
it respectfully suggeststhat the Court decline to answer.
In fact the question does not fa11 within the "scope of
activities" of WHO and therefore it does not meet the requirements
needed for the application for an Advisory Opinion as provided for
by art. 96 para. 2 of the Charter of the U.N., and recalled in the
Agreement between the United Nations and the World Health
Organization, approved by the General Assembly of the United
Nations on 15 November 1947, under which the WHO has been
authorized to ask an Advisory Opinion to the Court.
In fact it is nor possible to consiàer the question (on the
other hand proposed as a simple hypothesis) of the use of nuclear
weapons by a Çtate during a war or an armed conflict as an issue
concerning the aims and functions of the W90, such as they result
from the clear formulation of artt. 1 and 2 of Constitution of
such Organization,done at New York on 22 July 1946.
On this matter, it must be held that the question of
legality or not of the use of nuclear weapons - on the substance
of which the Italian Government does not intend to take a stand in
this context - preceeds logically and juridically the matter of
the effects of the use of nuclear weapons on human health and
environment. The study of these effects and of the possible
techniques for limiting their impact, may fa11 within the
competence of the WHO, even pursuant to art. 2 of the above
mentioned Constitution. But one thing is the assessment,
-lia of the impact of these effects and of the possibility of
limiting it, another is =O quesiion wheiher acts which produced
these effects are legitimate.
H.E. Mohamed Bedjaoui
President of the International
Court of Justice
The Haaue
Aiexanoersr-251: J? DEN -NEDERLAND- T070-34692 49 This last matter, which is the subject theme in the
question addressedby the WHO, falls in the Italian Government's
opinion, under the competence of other organs and institutions of
the United Nations. It is well known that the issue was already
raised within the frameworkof the U.N. General Assembly, the only
organ which, together with the Security Council, has the right to
directly request an Advisory Opinionto the Court.
Even under this profile, the question submitted by the WHO
is non-receivable, as the answer that it would possibly obtain
from the Court would in the end represent a limit -
notwithstandingits contents - to a free evaluation of the General
Assembly in a field that, pursuant to Art. 11 of the UN Charter,
is of its specific competence.
is of the view that this honorable Courtshould not be seized witht
the question submittedby the WHO, declaring it as non receivable
from a procedural pointof view.
The Italian Government is interestedin knowing whether the
Court intends to convene a Sitting in order to debate the
considerations submitted in written forn. In such a case, it
reserves its right to decide whether to take part in it.
Please accept, Kr. President, the assiirancesof my high
Letter dated 9 June 1994 from the Ambassador of Italy to the Netherlands