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[p182]
The International Court of Justice,
composed as above,
after deliberation,
having regard to Article 48 of the Statute of the Court,
having regard to Article 37 of the Rules of Court,
Makes the following Order:
Whereas, on October 16th, 1957, the Minister of Israel to the Netherlands
handed to the Registrar an Application by the Government of Israel, dated
October 9th, 1957, instituting proceedings before the Court against the
Government-of the People's Republic [p 183] of Bulgaria with regard to the
destruction, on July 27th, 1955, by the Bulgarian anti-aircraft defence
forces, of an aircraft belonging to El Al Israel Air-lines Ltd;
Whereas the Application recites, on the one hand, that Israel has accepted
the compulsory jurisdiction of the Court by its Declaration of October 3rd,
1956, replacing the previous Declaration of September 4th, 1950, and
covering disputes arising after October 25th, 1951; and, on the other hand,
that Bulgaria accepted the compulsory jurisdiction of the Court on July
29th, 1921, on the occasion of the deposit of the instrument of that
country's ratification of the Protocol of Signature of the Statute of the
Permanent Court of International Justice;
Whereas, by letter of October 16th, 1957, handed to the Registrar at the
same time as the Application, the Minister of Israel to the Netherlands
announced that Mr. Shabtai Rosenne, the Legal Adviser to the Ministry for
Foreign Affairs, had been appointed as Agent for the Government of Israel
and that his address for service was the Israel Legation at The Hague ;
Whereas the Minister for Foreign Affairs of Bulgaria was, on October 16th,
1957, notified by telegram of the filing of the Application, of which a
copy was at' the same time transmitted to him by letter in accordance with
Article 40, paragraph 2, of the Statute, and Article 33, paragraph 1, of the
Rules;
Whereas, by a telegram of November 5th, 1957, the Minister for Foreign
Affairs of Bulgaria acknowledged receipt of the Application and stated that,
while reserving the right to raise the preliminary question of the
jurisdiction of the Court, he would inform the Court without delay of the
name of the Agent for his Government and of his address for service at the
seat of the Court;
Whereas, on November 15th, 1957, the Agent for the Government of Israel was
notified by letter and the Minister for Foreign Affairs of Bulgaria by
telegram that the President proposed, pursuant to Article 37, paragraph r,
of the Rules, to receive the Agents or their representatives on November
20th, 1957, for the purpose of ascertaining their views with regard to
questions of procedure and, in particular, with regard to the time-limits to
be fixed for the -filing of the Pleadings;
Whereas the Minister of Israel to the Netherlands stated on November 18th,
1957, that he had been requested by the Agent for the Government of Israel
to represent him at that meeting;
Whereas, by telegram of November 18th, 1957, the Minister for Foreign
Affairs of Bulgaria requested the postponement of the meeting;
Whereas, on November 19th, 1957, the Minister of Israel to the Netherlands
was notified by letter and the Minister for Foreign [p 184] Affairs of
Bulgaria by telegram that the meeting would be postponed until November
25th, 1957;
Whereas, by telegram of November 23rd, 1957, the Minister for Foreign
Affairs of Bulgaria acknowledged receipt of the telegram of November 19th
and stated that the Bulgarian Government had appointed as its representative
Dr. Nissim Mevorah, Professor, whose address for service was the
Czechoslovak Legation at The Hague; and that, since Professor Mevorah was
temporarily absent from Bulgaria, the Minister for Foreign Affairs would be
grateful to the Court for a postponement of the meeting of the
representatives;
Whereas, in these circumstances, only the representative of the Government
of Israel was able to be present at the meeting on November 25th, 1957;
The Court,
After ascertaining the views of the Applicant,
fixes June 2nd, 1958, as the time-limit for the filing of the Memorial of
the Government of Israel;
reserves for a subsequent Order the fixing of the time-limit for the filing
by the Respondent of its Counter-Memorial.
Done in English and in French, the English text being authoritative, at the
Peace Palace, The Hague, this twenty-sixth day of November, one thousand
nine hundred and fifty-seven, in three copies, one of which will be placed
in the archives of the Court and the others transmitted to the Government of
Israel and to the Government of the People's Republic of Bulgaria,
respectively.
(Signed) Green H. Hackworth,
President.
(Signed) J. Lopez Olivan,
Registrar. |
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