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[p.3]
The International Court of Justice,
Composed as above,
After deliberation,
Having regard to Articles 48, 65, 66 and 68 of the Statute of the Court and
Articles 103, 104 and 105 of the Rules of Court,
Whereas on 15 December 1994 the General Assembly of the United Nations
adopted resolution 49/75 K whereby it decided, pursuant to Article 96,
paragraph 1, of the Charter of the United Nations, to request the Court for
an advisory opinion on the following question: "1s the threat or use of
nuclear weapons in any circumstance permitted under international law?";
Whereas the text of this resolution was transmitted to the Court by a letter
from the Secretary-General of the United Nations dated 19 December 1994,
received in the Registry by facsimile on 20 December 1994 and filed in the
original on 6 January 1995; [p 4]
Whereas the General Assembly requested that the advisory opinion of the
Court be rendered "urgently";
Whereas by resolution WHA46.40 dated 14 May 1993 the Forty-sixth World
Health Assembly asked the Court to give an advisory opinion on the following
question:
"In view of the health and environmental effects, would the use of nuclear
weapons by a State in war or other armed conflict be a breach of its
obligations under international law including the WHO Constitution?";
Whereas by Order dated 20 June 1994 the President of the Court fixed 20 June
1995 as the time-limit within which States and organizations having
presented written statements on the question submitted to the Court by the
World Health Assembly might submit written comments on the other written
statements,
1. Decides that States entitled to appear before the Court and the United
Nations may furnish information on the question submitted to the Court by
the United Nations General Assembly for advisory opinion;
2. Fixes 20 June 1995 as the time-limit within which written statements
relating to the question may be submitted to the Court in accordance with
Article 66, paragraph 2, of its Statute;
3. Fixes 20 September 1995 as the time-limit within which States and
organizations having presented written statements may submit written
comments on the other written statements in accordance with Article 66,
paragraph 4, of the Statute of the Court; and
Reserves the subsequent procedure for further decision.
Done in French and in English, the French text being authoritative, at the
Peace Palace, The Hague, this first day of February, one thousand nine
hundred and ninety-five.
(Signed) Mohammed Bedjaoui,
President.
(Signed) Eduardo Valencia-Ospina,
Registrar. |
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