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[p.347]
The President of the International Court of Justice,
Having regard to Article 48 of the Statute of the Court and to Article 74 of
the Rules of Court,
Having regard to the Application by Pakistan filed in the Registry of the
Court on 11 May 1973, instituting proceedings against India in respect of a
dispute concerning charges of genocide against 195 Pakistani nationals,
prisoners of war or civilian internees in Indian custody,
Whereas this Application was, in accordance with Article 40, paragraph 2, of
the Statute of the Court, communicated to the Government of India, and was,
in accordance with Article 40, paragraph 3, of the Statute, notified to
Members of the United Nations and to the other States entitled to appear
before the Court;
Whereas the notification provided for in Article 63, paragraph 1, of the
Statute was addressed to the States parties to the Convention for the
Prevention and Punishment of the Crime of Genocide adopted by the General
Assembly of the United Nations on 9 December 1948, which was invoked in the
Application;
Whereas by an Order dated 13 July 1973 the Court decided that the written
proceedings should first be addressed to the question of the jurisdiction
of the Court to entertain the dispute, and fixed 1 October 1973 as the
time-limit for the Memorial of the Government of Pakistan and 15 December
1973 as the time-limit for the Counter-Memorial of the [p 348] Government of
India, and whereas by an Order of 29 September 1973 the President of the
Court extended to 15 December 1973, at the request of the Agent of Pakistan,
the time-limit for the filing of the Memorial and extended to 17 May 1974
the time-limit for the filing of the Counter-Memorial;
Whereas by a letter dated 14 December 1973 and received in the Registry the
same day, the Agent of Pakistan referred to negotiations between the
Government of Pakistan and the Government of India which had resulted in an
agreement signed at New Delhi on 28 August 1973, and, with a view to
facilitating further negotiations, requested the Court to make an Order
officially recording discontinuance of the proceedings in this case;
Whereas the Government of Pakistan has thus informed the Court in writing
that it is not going on with the proceedings;
Whereas the Government of India, while it has addressed certain
communications to the Court through its Ambassador in The Hague, has not yet
taken any step in the proceedings;
Places on record the discontinuance by the Government of Pakistan of the
proceedings instituted by the Application filed on 11 May 1973;
Orders that the case be removed from the list.
Done in English and in French, the English text being authoritative, at the
Peace Palace, The Hague, this fifteenth day of December, one thousand nine
hundred and seventy-three, in three copies, one of which will be placed in
the archives of the Court and the others transmitted to the Government of
Pakistan and the Government of India respectively.
(Signed) Manfred Lachs,
President.
(Signed) W. Tait,
Deputy-Registrar. |
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