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[p.423]
The senior judge, acting President of the International Court of Justice
under Article 13, paragraph 3, of the Rules of Court,
Having regard to Article 66, paragraphs 2 and 4, of the Statute of the
Court, Whereas on 5 August 1998 the United Nations Economic and Social
Council adopted the following decision (decision 19981297) :
"The Economic and Social Council, Having considered the note by the
Secretary-General on the privileges and immunities of the Special
Rapporteur of the Commission on Human Rights on the independence of judges
and lawyers, [FN1]
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[FN1] E/1998/94
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Considering that a difference has arisen between the United
Nations and the Government of Malaysia, within the meaning of Section 30 of
the Convention on the Privileges and Immunities of the United Nations, with
respect to the immunity from legal process of
Dato' Param Cumaraswamy, the Special Rapporteur of the Commis- sion on Human
Rights on the independence of judges and lawyers, Recalling General Assembly
resolution 89 (1) of 11 December
1946,
1. Requests on a priority basis, pursuant to Article 96, paragraph 2, of
the Charter of the United Nations and in accordance with General Assembly
resolution 89 (1), an advisory opinion from the International Court of
Justice on the legal question of the applicability of Article VI, Section
22, of the Convention on the Privileges and Immunities of the United Nations
in the case of Dato' Param Cumaraswamy as Special Rapporteur of the
Commission on Human Rights on the independence of judges and lawyers, taking
into account the circumstances set out in paragraphs 1 to 15 of the note by
the Secretary-General, and on the legal obligations of Malaysia in this
case;
2. Calls upon the Government of Malaysia to ensure that al1 judgements and
proceedings in this matter in the Malaysian courts are stayed pending
receipt of the advisory opinion of the International Court of Justice,
which shall be accepted as decisive by the parties.
Whereas certified true copies of the English and French texts
of that decision, of the note by the Secretary-General referred to therein,
and of the Addendum thereto (El1998194 and Add. 1) were transmitted to the
Court by a letter from the Secretary-General of the United Nations dated 7
August 1998 and received in the Registry by facsimile on 10 August 1998;
Whereas in fixing time-limits for the proceedings, it is necessary to bear
in mind that the request for opinion was expressed to be made "on a priority
basis", Decides that the United Nations and the States which are parties to
the Convention on the Privileges and Immunities of the United Nations are
likely to be able to furnish information on the question submitted to the
Court for advisory opinion; Fixes 7 October 1998 as the time-limit within
which written statements on the question may be submitted to the Court in
accordance with Article 66, paragraph 2, of its Statute; Fixes 6 November
1998 as the time-limit within which States and organizations having
presented written statements may submit written comments on 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 English and in French, the English text being authoritative, at the
Peace Palace The Hague, this tenth day of August, one thousand
nine hundred and ninety-eight.
(Signed) Shigeru ODA, Senior Judge.
(Signed) Eduardo VALENCIA-OSPINA, Registrar. |
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