United Nations Security Council Resolution 58

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United Nations Security Council Resolution 58
by the United Nations

Adopted by the Security Council at its 360th meeting, on 28 September 1948 [1]

Whereas, having complied with the conditions set out on 11 December 1946 by the General Assembly pursuant to Article 93, paragraph 2, of the Charter of the United Nations, the Swiss Confederation has become a party to the Statute of the International Court of Justice; and whereas it has even, under Article 36 of the Statute, accepted the compulsory jurisdiction of the Court,

Whereas the Assembly will have to hold at its next session elections of members of the Court,

Whereas is consequently behoves the Security Council to make to the Assembly the recommendations provided for in Article 4, paragraph 3, of the Statute of the Court, which concern any State which is a party to the Statute but not a Member of the United Nations,

The Security Council,

Recommends to the General Assembly to determine as follows the conditions under which a State which is a party to the Statute of the Court but not a Member of the United Nations may participate in electing the members of the International Court of Justice:

1. Such a State shall be on an equal footing with the Members of the United Nations in respect to those provisions of the Statute which regulate the nomination of candidates for election by the General Assembly.
2. Such a State shall participate, in the General Assembly, in electing the members of the Court in the same manner as the members of the United Nations.
3. Such a State, when in arrears in the payment of its contribution to the expenses of the Court, shall not participate in electing the members of the Court in the General Assembly if the amount of its arrears equals or exceeds the amount of the contribution due from it for the preceding two full years. The General Assembly may, nevertheless, permit such a State to participate in the elections, if it is satisfied that the failure to pay is due to conditions beyond the control of that State (cf. Charter, Article 19).

[1] In the absence of any objection, the President stated that the draft resolution was adopted unanimously.

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