1946 International Court of Justice judges election
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The 1946 International Court of Justice election took place on 6 February 1946 in Westminster Central Hall, London. This was the first ever election of Judges of the Court, one the six "principal organs" of the newly created United Nations. All 15 seats were to be filled.
Candidates
[edit]Qualifications
[edit]Article 2 of the Statute of the International Court of Justice provides that judges shall be elected "from among persons of high moral character, who possess the qualifications required in their respective countries for appointment to the highest judicial offices, or are jurisconsults of recognized competence in international law".
Nomination procedure
[edit]All States parties to the Statute of the ICJ had the right to propose candidates. Nominations of candidates for election to the ICJ are made by a group consisting of the members of the Permanent Court of Arbitration (PCA), designated by that State. For this purpose, members of the PCA act in "national groups" (i.e. all the PCA members from any individual state). (In the case of UN member states not represented in the PCA, the state in question may select up to four individuals to be its "national group" for the purpose of nominating candidates to the ICJ). Every such "national group" may nominate up to four candidates, not more than two of whom shall be of their own nationality. Before making these nominations, each "national group" is recommended to consult its highest court of justice, its legal faculties and schools of law, and its national academies and national sections of international academies devoted to the study of law.
1946 nominees
[edit]The following candidates were nominated for the election: [1]
| Candidates | Nominating national groups |
|---|---|
 Hildebrando Pompeu Pinto Accioli (Brazil) |
Brazil |
 Eduardo Blanco Acevedo (Uruguay) |
Uruguay |
 Mostafa Adl (Iran) |
Iran |
 Nasrat al-Farisi [ar] (Iraq) |
Iraq |
 Fares al-Khoury (Syria) |
Syria, Iraq |
| Tawfiq al-Suwaidi (Iraq) |
Iraq |
 Rafael Altamira (Spain) |
France |
 Alejandro Álvarez (Chile) |
Brazil, Chile, Colombia, Ecuador, Guatemala, Uruguay |
 Luis Anderson [es] (Costa Rica) |
Costa Rica, Guatemala, Honduras, Peru |
| Philadelpho Azevedo (Brazil) |
Brazil, Canada, Chile, Haiti, Lebanon, Paraguay |
 Abdel Hamid Badawi Pasha (Egypt) |
Egypt, Iraq, Lebanon, Saudi Arabia, Syria |
 Kenneth Hamilton Bailey (Australia) |
Australia |
 Alfredo Baquerizo Moreno (Ecuador) |
Ecuador |
 Jules Basdevant (France) |
Belgium, Canada, France, Greece, Luxembourg, United States |
| Octavio Béeche Argüello [es] (Costa Rica) |
Costa Rica |
 Cemil Bilsel (Turkey) |
Turkey |
 James Leslie Brierly (United Kingdom) |
Ethiopia |
 Antonio Sánchez de Bustamante y Sirven (Cuba) |
Cuba, El Salvador, Honduras, Panama |
 Julián Ríos Cáceres [es] |
Honduras |
 Choucri Cardahi [fr] |
Lebanon |
 Victor Cauvin |
Haiti |
 Cheng Tien-Hsi |
Netherlands |
| Miguel Cruchaga Tocornal |
El Salvador |
| Ahmad Matin-Daftari |
Iran, Lebanon |
 Reginald Percy Basil Davis |
South Africa |
 Francisco Delgado |
Philippines |
 Eduardo Díez de Medina |
El Salvador |
 Isidro Fabela Alfaro |
Bolivia, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, Haiti, Mexico, Nicaragua, Panama, Paraguay, Uruguay |
 Vladimír Fajnor [sk] (Czechoslovakia) |
Czechoslovakia, Ukrainian SSR |
 Jose Falla Aris (Guatemala) |
Guatemala (withdrawn) |
 Charles Fenwick (United States) |
Venezuela |
| Manuel Gallego (Philippines) |
Philippines |
 Arturo García Salazar [es] (Peru) |
Peru |
 Jose Gustavo Guerrero (El Salvador) |
Australia, Cuba, El Salvador, Guatemala, Nicaragua |
| Green Hackworth (United States) |
Nicaragua, Turkey, United States |
| Francois Petrus van den Heever (South Africa) |
South Africa |
| Hsu Mo (Republic of China) |
China, Philippines |
| Manley Hudson (United States) |
Argentina, Canada, Chile, Dominican Republic, Ethiopia, Panama, Philippines |
| Cecil Hurst (United Kingdom) |
France, Greece |
| Salih Jabr (Iraq) |
Iraq (withdrawn) |
| Mariano Honrade de Joya (Philippines) |
Philippines |
 Helge Klæstad (Norway) |
Australia, Denmark, Netherlands, New Zealand, Norway |
 Mihailo Konstantinović [sr] (Yugoslavia) |
Byelorussian SSR, Czechoslovakia, Yugoslavia |
 Vladimir Mikhailovich Koretsky [ru] [ukr] [de] (Ukrainian SSR)[2] |
Ukrainian SSR |
| Jan Krčmář [cz] (Czechoslovakia) |
Czechoslovakia |
 Sergei Borisovich Krylov (USSR) |
Poland, USSR |
 Jerzy Langrod [pl] (Poland) |
Poland, Ukrainian SSR, USSR |
| Abel Leger (Haiti) |
Haiti |
 Arturo Logroño [es] (Dominican Republic) |
Dominican Republic |
| Julián López Pineda [de] (Honduras) |
Honduras |
 Carlos Lozano y Lozano (Colombia) |
Bolivia, Brazil, Colombia, Costa Rica, Guatemala, Panama, Paraguay, Peru, Venezuela |
| Arnold McNair (United Kingdom) |
Argentina, Australia, Belgium, New Zealand, Turkey, United Kingdom |
 George Maridakis [gr] (Greece) |
Greece |
| Martín C. Martínez (Uruguay) |
Uruguay |
 Michael Myers (New Zealand) |
New Zealand |
 Caracciolo Parra Pérez [es] (Venezuela) |
Venezuela |
| Ivan Sergeyevich Peretersky [ru] (USSR) |
USSR |
| Néstor Luis Pérez [es] (Venezuela) |
Venezuela |
 Massimo Pilotti (Italy) |
France |
 Luis Podestá Costa [es] (Argentina) |
Argentina |
 Nikolai Nikolayevich Polyansky [ru] (Byelorussian SSR) [2] |
Byelorussian SSR |
| Miguel Prado Solares (Guatemala) |
Guatemala (withdrawn) |
 John Erskine Read (Canada) |
Canada |
| Julio Salmón (Bolivia) |
Bolivia |
| Muammer Raşit Seviğ [tr] (Turkey) |
Turkey |
| Jean Spiropoulos (Greece) |
Greece, United States |
| Cosme de la Torriente (Cuba) |
Cuba |
| Manuel de Jesus Troncoso de la Concha (Dominican Republic) |
Dominican Republic |
| José Macedonio Urquidi [es] (Bolivia) |
Bolivia |
| Francisco José Urrutia (Colombia) |
Colombia |
 Celso Ramon Velázquez [es] (Paraguay) |
Paraguay |
 Jan Hendrik Willem Verzijl [nl] (Netherlands) |
Belgium, Luxembourg, Netherlands |
| Manuel Vicente Villarán [es] (Peru) |
Peru |
 Charles de Visscher (Belgium) |
Argentina, Belgium, Ethiopia, Luxembourg, Netherlands, New Zealand, United Kingdom |
| Bohdan Winiarski (Poland) |
Poland |
 Muhammad Zafarullah Khan (India) |
India, United Kingdom |
 Maximo Zepeda (Nicaragua) |
Nicaragua |
| Milovan Zoričić (Yugoslavia) |
Ukrainian SSR, United Kingdom, USSR, Yugoslavia |
| Youssef Zulficar Pasha (Egypt) |
Egypt, Iraq, Saudi Arabia, Syria |
Procedure
[edit]As the 1946 election was the first of its kind, some aspects of the rules of procedure were yet to be finalized.
According to the Statute, ICJ judges are elected through parallel procedures at the General Assembly and the Security Council. To be elected, a candidate must obtain an absolute majority of votes both in the General Assembly and in the Security Council.
At the time, 26 votes constituted an absolute majority in the General Assembly and 6 votes constituted an absolute majority in the Security Council (with no distinction being made between permanent and non-permanent members of the Security Council).
Results
[edit]Vote 1
[edit]Thirteen candidates received an absolute majority of votes in both bodies and were thus elected to the Court. Two seats were to be filled through further rounds of voting.
Further votes
[edit](Candidates who did not obtain a single vote in any of the two bodies are not listed)
| Candidates | General Assembly [5] [6] majority = 26 |
Security Council [7] majority = 6 | ||||
|---|---|---|---|---|---|---|
| Mostafa Adl |
0 | 1 | 1 | 1 | 0 | 0 |
| Kenneth Hamilton Bailey |
15 | 15 | 12 | 3 | 1 | 1 |
| Cemil Bilsel |
2 | 0 | 0 | 0 | 0 | 0 |
| Julián Ríos Cáceres [es] |
1 | 2 | 0 | 0 | 0 | 0 |
| Francisco Delgado |
2 | 4 | 1 | 0 | 0 | 0 |
| Arturo García Salazar [es] |
1 | 0 | 0 | 0 | 0 | 0 |
| Manley Hudson |
0 | 0 | 0 | 1 | 0 | 0 |
| Helge Klæstad |
16 | 30 | - | 5 | 8 | - |
| Mihailo Konstantinović [sr] |
0 | 0 | 1 | 0 | 0 | 0 |
| Jerzy Langrod [pl] |
1 | 0 | 0 | 0 | 0 | 0 |
| Carlos Lozano y Lozano |
1 | 0 | 0 | 0 | 0 | 0 |
| Luis Podestá Costa [es] |
4 | 3 | 1 | 0 | 0 | 0 |
| Jean Spiropoulos |
10 | 3 | 0 | 1 | 0 | 0 |
| Jan Hendrik Willem Verzijl [nl] |
11 | 8 | 0 | 3 | 1 | 2 |
| Bohdan Winiarski |
18 | 24 | 26 | 7 | - | 8 |
| Muhammad Zafarullah Khan |
15 | 11 | 7 | 2 | 1 | 0 |
At the second vote, Mr Winiarski obtained an absolute majority of votes in the Security Council, and no candidate could obtain an absolute majority of votes in the General Assembly.
After the second vote, debates followed both in the Council and the Assembly, seeking to clarify the procedure to be followed. The Statute provided that if vacancies remain after the first meeting, the two organs proceed, again independently of one another, at a second meeting and, if necessary, a third meeting to elect candidates by further ballots for seats remaining vacant, the results again being compared after the required number of candidates have obtained an absolute majority in each organ. If after the third meeting, one or more seats still remain unfilled, the General Assembly and the Security Council may form a joint conference consisting of six members, three appointed by each organ. This joint conference may, by an absolute majority, agree upon one name for each seat still vacant and submit the name for the respective acceptance of the General Assembly and the Security Council.
The discussion therefore arose as to whether each round of voting should count as one meeting, or whether several rounds of voting may be held at one meeting - in other words, whether the next round of voting at each body would constitute the third meeting following which a joint conference could be formed.
The General Assembly proceeded on the understanding that each round of voting is a separate meeting. At its third vote, Mr Klaestad received an absolute majority of votes.
The Security Council proceeded on the opposite understanding and took a third vote without the candidature of Mr Winiarski, who had obtained an absolute majority at the second vote. Mr Klaestad received an absolute majority of votes and was declated elected.
The Assembly then discussed whether a joint conference was to be formed, but decided to go on with the fourth round of voting. Mr Winiarski obtained an absolute majority of votes. The Security Council then proceeded on its fourth round of voting and confirmed an absolute majority of votes in favour of Mr Winiarski who was thus also elected.
In future elections, this procedure would be streamlined in order to avoid this sort of confusion.
Composition of the Court
[edit]Following the election, lots were drawn in order to determine which judges were to sit a nine-year term, a six-year term and a three-year term, so as to allow a re-election of one third of the judges every three years.[8] The final composition of the Court, with indication of the length of judges' terms, was as follows:
| Judge | Term starts / renewed |
Term ends |
|---|---|---|
| Abdel Hamid Badawi Pasha |
1946 | 1949 |
| Hsu Mo |
1946 | 1949 |
| John Read |
1946 | 1949 |
| Bohdan Winiarski |
1946 | 1949 |
| Milovan Zoričić |
1946 | 1949 |
| Isidro Fabela Alfaro |
1946 | 1952 |
| Green Hackworth |
1946 | 1952 |
| Helge Klæstad |
1946 | 1952 |
| Sergei Krylov |
1946 | 1952 |
| Charles de Visscher |
1946 | 1952 |
| Alejandro Álvarez |
1946 | 1955 |
| Philadelpho Azevedo |
1946 | 1955 |
| Jules Basdevant |
1946 | 1955 |
| Jose Gustavo Guerrero |
1946 | 1955 |
| Arnold McNair |
1946 | 1955 |
The election in order to fill vacancies that would open in 1949 were held in 1948, launching the now standard three-year cycle of ICJ elections.
References
[edit]- ^ "UN document A/8. Election of members of the International Court of Justice: list of candidates nominated by the national groups" (PDF). United Nations.
- ^ a b The Ukrainian SSR and the Byelorussian SSR, constituent republics of the Soviet Union, enjoyed UN membership in their own right
- ^ "UN document A/PV.23. General Assembly. 23rd plenary meeting" (PDF). United Nations.
- ^ "UN document S/PV.9. Security Council. Official records. 9th meeting" (PDF). United Nations.
- ^ "UN document A/PV.24. General Assembly. 24th plenary meeting" (PDF). United Nations.
- ^ "UN document A/PV.25. General Assembly. 25th plenary meeting" (PDF). United Nations.
- ^ "UN document S/PV.9. Security Council. Official records. 9th meeting" (PDF). United Nations.
- ^ "UN document A/PV.26. General Assembly. 26th plenary meeting" (PDF). United Nations.
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