VZCZCXYZ0010
PP RUEHWEB

DE RUCNDT #1063/01 3182019
ZNR UUUUU ZZH
P 132019Z NOV 08
FM USMISSION USUN NEW YORK
TO SECSTATE WASHDC PRIORITY 5356

UNCLAS USUN NEW YORK 001063 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL UNGA
SUBJECT: UNGA: ANNUAL REPORT OF THE ICJ IN THE UN 63RD 
GENERAL ASSEMBLY 
 
REF: 07 USUNNEWYORK 1008 
 
 ¶1.  SUMMARY: President Rosalyn Higgins presented the annual 
Report of the International Court of Justice (ICJ) (A/63/4) 
to the General Assembly on October 30.  She gave an overview 
of action on key cases during what she called the ICJ's "most 
productive year."  The Court delivered four substantive 
judgments and one order on a request for the indication of 
provisional measures.  Higgins also detailed the court's 
financial and staffing needs and called for the GA to provide 
funds to enable the ICJ to perform with maximum efficiency. 
During the debate, many countries expressed support for the 
work of the ICJ, calling in general terms for adequate 
resources for the Court.  Paragraph 7 lists all the countries 
that gave interventions.  END SUMMARY. 
 
UPDATE ON THE WORK OF THE ICJ 
----------------------------- 
 
¶2.  During the period from August 1, 2007 to July 31, 2008 
the ICJ handed down four substantive judgments.  The Court 
also ruled on Mexico's request for the indication of 
provisional measures in the case, "Avena and other Mexican 
Nationals (Mexico v. United States of America)."  The ICJ 
stated that the United States should take all measures 
necessary to ensure that the five Mexican nationals are "not 
executed pending judgment on the Request for interpretation." 
 Hearings have been held in the case: "Application of the 
Convention on the Prevention and Punishment of the Crime of 
Genocide (Croatia v. Serbia)."  Since the close of the year, 
the court has indicated provisional measures in a pending 
case between Georgia and Russia, begun hearings in two 
additional cases, and received five new cases.  There are 
currently 14 cases on the docket. 
 
¶3.  Judge Higgins reported that three of the cases decided 
last year involved sovereignty over maritime features.  On 
the case, "Territorial and Maritime Dispute between Nicaragua 
and Honduras in the Caribbean Sea (Nicaragua v. Honduras)," 
the ICJ found that sovereignty over the islands concerned 
belonged to Honduras.  Furthermore, the Court found that 
there was no established boundary for the maritime areas and 
determined the delimitation itself (for a description of the 
boundaries see paragraph 132 of the Report).  In the case, 
"Territorial and Maritime Dispute (Nicaragua v. Colombia), 
the ICJ held that the 1928 Treaty signed by the parties 
outlined sovereignty over three of the islands under the 
dispute.  However, the Court determined that the 1928 Treaty 
did not govern sovereignty over the rest of the San Andres 
Archipelago and that the Court had jurisdiction, under the 
Pact of Bogot, to adjudicate on the dispute.  The ICJ has 
set time limits for the parties to file written pleadings. 
Finally, in "Sovereignty over Pedra Branca/Pulau Batu Puteh, 
Middle Rocks and South Ledge (Malaysia/Singapore)," the ICJ 
awarded sovereignty over Pedra Branca/Pulau Batu Puteh to 
Singapore.  However, the Court found that Malaysia retained 
sovereignty over Middle Rocks and that the South Ledge 
belonged to the State in whose territorial waters it lies. 
 
¶4.  On the case, "Certain Questions of Mutual Assistance in 
Criminal Matters (Djibouti v. France)," Higgins noted that 
this was the Court's first occasion to pronounce on a dispute 
brought in an application based on Article 38, paragraph 5 of 
the Rules of Court.  That paragraph outlines the case where a 
State proposes to found the Court's jurisdiction upon consent 
yet to be given or manifested by the State, against which the 
application is made.  France did give consent in a letter to 
the Court; however, the Parties disagreed on what 
jurisdiction exactly France had agreed to.  The ICJ was able 
to determine the extent of the mutual consent between France 
and Djibouti and resolve the problem.  In the actual 
consideration of the case, the ICJ concluded that France had 
failed to comply with its international obligation under 
Article 17 of the 1986 Convention to provide reasons for its 
refusal to execute the letter rogatory. 
 
CALL FOR STAFF AND FUNDING FOR THE ICJ 
-------------------------------------- 
 
¶5.  Higgins reiterated the need for law clerks; pointing out 
that only three of the nine positions requested last year 
(Ref A) had been approved.  She also requested funds to 
replace and modernize conference systems and facilitate data 
sharing.  Other needs mentioned were funding for ad hoc 
judges and a mechanism to adjust pensions for judges to 
cost-of-living increases.  Judge Higgins pointed out that in 
the 1999 Botswana/Namibia case the parties jointly agreed not 
to appoint a judge ad hoc each.  Higgins expressed the hope 
that other States would consider the Botswana/Namibia model 
in instances where neither country has a national on the 
bench. 
 
RESPONSE BY MEMBER STATES 
 
 
------------------------- 
 
¶6.  Many delegations commended the ICJ for increasing its 
efficiency in order to clear some of the backlog of cases and 
conclude a productive year.  Speakers expressed support for 
the work of the ICJ.  Canada (speaking also for Australia and 
New Zealand) and Japan urged wider acceptance of compulsory 
jurisdiction.  Several African delegations also urged Member 
States to recognize the ICJ's jurisdiction.   India supported 
Higgins call for approval of six additional law clerks and 
for modernization of systems.  Many States, including, Canada 
(Australia and New Zealand), Ghana, Philippines, Peru, Kenya, 
and Singapore, argued in general terms that the United 
Nations should provide the ICJ with the resources it needed 
to perform efficiently. 
 
¶7.  The following countries made interventions on the Report 
of the ICJ: Canada (also on behalf of Australia and New 
Zealand), Philippines, Peru, India, Egypt, Pakistan, 
Democratic Republic of the Congo (DRC), Japan, Ghana, 
Algeria, Romania, Nigeria, Kenya, Swaziland, Senegal, El 
Salvador, Singapore, Portugal, Cameroon, Mexico, and Sudan. 
Khalilzad