Voting procedure on questions relating to reports and petitions concerning the Territory of South West Africa: request for an advisory opinion from the International Court of Justice

UN General Assembly, Voting procedure on questions relating to reports and petitions concerning the Territory of South West Africa: request for an advisory opinion from the International Court of Justice, A/RES/904, UN General Assembly, 23 November 1954, https://www.refworld.org/legal/resolution/unga/1954/en/7367 [accessed 24 January 2025]
LinkedIn

IX. RESOLUTIONS ADOPTED WITHOUT REFERENCE TO A COMMITTEE
904. Voting procedure on questions relating to reports and petitions concerning the Territory of South West Africa: request for an advisory opinion from the International Court of Justice

The General Assembly, Having accepted, by resolution 449 A (V) of 13 December 1950, the advisory opinion[1] of the International Court of justice of 11 July 1950 with respect to South West Africa, Having regard, in particular, to the Court's opinion on the general question, namely, "that South-West Africa is a territory under the international Mandate assumed by the Union of South Africa on December 17th, 1920", and to the Court's opinion on question (a), namely, "that the Union of South Africa continues to have the international obligations stated in Article 22 of the Covenant of the League of Nations and in the Mandate for South-West Africa as well as the obligation to transmit petitions from the inhabitants of that Territory, the supervisory functions to be exercised by the United Nations, to which the annual reports and the petitions are to be submitted, and the reference to the Permanent Court of International justice to be replaced by a reference to the International Court of Justice, in accordance with Article 7 of the Mandate and Article 37 of the Statute of the Court;", Having expressed, in resolution 749 A (VIII) of 28 November 1953, its opinion "that without United Nations supervision the inhabitants of the Territory are deprived of the international supervision envisaged by the Covenant of the League of Nations" and its belief "that it would not fulfil its obligation towards the inhabitants of South West Africa if it were not to assume the supervisory responsibilities with regard to the Territory of South West Africa which were formerly exercised by the League of Nations", Having regard to the opinion of the International Court of Justice that "The degree of supervision to be exercised by the General Assembly should not exceed that which applied under the Mandates System, and should conform as far as possible to the procedure followed in this respect by the Council of the League of Nations" and that "These observations are particularly applicable to annual reports and petitions", Having adopted, by resolution 844 (IX) of 11 October 1954, a special rule F on the voting procedure to be followed by the General Assembly in taking decisions on questions relating to reports and petitions concerning the Territory of South West Africa, Having adopted this rule in a desire "to apply, as far as possible, and pending the conclusion of an agreement between the United Nations and the Union of South Africa, the procedure followed in that respect by the Council of the League of Nations", Considering that some elucidation of the advisory opinion is desirable, Requests the International Court of justice to give an advisory opinion on the following questions:

"(a) Is the following rule on the voting procedure to be followed by the General Assembly a correct interpretation of the advisory opinion of the International Court of justice of 11 July 1950:

"'Decisions of the General Assembly on questions relating to reports and petitions concerning the Territory of South West Africa shall be regarded as important questions within the meaning of Article 18 paragraph 2, of the Charter of the United Nations.'"

"(b) If this interpretation of the advisory opinion of the Court is not correct, what voting procedure should be followed by the General Assembly in taking decisions on questions relating to reports and petitions concerning the Territory of South West Africa?"

501st plenary meeting,
23 November 1954.
[1] See International Status of South West Africa, Advisory Opinion: I.C.J. Reports 1950, p. 128.
Disclaimer:

This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.