AND IMMUNITIES TO JUDGES OF THE INTERNATIONAL COURT OF JUSTICE COMMITTEE ON FOREIGN AFFAIRS EIGHTY-SIXTH CONGRESS FIRST SESSION ON DRAFT LEGISLATION (EXECUTIVE COMMUNICATION NO. 591) (H.R. 6158) 38599 MARCH 5, 1959 Printed for the use of the Committee on Foreign Affairs UNITED STATES WASHINGTON: 1959 COMMITTEE ON FOREIGN AFFAIRS THOMAS E. MORGAN, Pennsylvania, Chairman A. S. J. CARNAHAN, Missouri OMAR BURLESON, Texas EDNA F. KELLY, New York WAYNE L. HAYS, Ohio ARMISTEAD I. SELDEN, JR., Alabama L. PILCHER, Georgia L. H. FOUNTAIN, North Carolina LEONARD FARBSTEIN, New York CHARLES C. DIGGS, JR., Michigan LINDLEY BECKWORTH, Texas HARRIS B. MCDOWELL, JR., Delaware WILLIAM T. MURPHY, Illinois WILLIAM H. MEYER, Vermont CORNELIUS E. GALLAGHER, New Jersey CHESTER BOWLES, Connecticut ROBERT B. CHIPERFIELD, Illinois CHESTER E. MERROW, New Hampshire JAMES G. FULTON, Pennsylvania DONALD L. JACKSON, California MARGUERITE STITT CHURCH, Illinois E. ROSS ADAIR, Indiana ALVIN M. BENTLEY, Michigan LAURENCE CURTIS, Massachusetts STUYVESANT WAINWRIGHT, New York BOYD CRAWFORD, Staff Administrator WINIFRED G. OSBORNE, Staff Assistant HELEN C. MATTAS, Staff Assistant MYRTIE MELVIN, Staff Assistant HELEN L. HASHAGEN, Staff Assistant MARY LOUISE O'BRIEN, Staff Assistant ROBERT J. BOWEN, Clerical Assistant SUBCOMMITTEE ON INTERNATIONAL ORGANIZATIONS AND MOVEMENTS A. S. J. CARNAHAN, Missouri, Chairman L. H. FOUNTAIN, North Carolina DANTE B. FASCELL, Florida CHESTER E. MERROW, New Hampshire WALTER H. JUDD, Minnesota STUYVESANT WAINWRIGHT, New York DUMOND PECK HILL, Staff Consultant Membership of International Court of Justice_-_- Privileges and immunities granted diplomatic envoys and foreign repre- EXTENDING CERTAIN PRIVILEGES AND IMMUNITIES TO JUDGES OF THE INTERNATIONAL COURT OF JUSTICE THURSDAY, MARCH 5, 1959 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON INTERNATIONAL Washington, D.C. The subcommittee on International Organizations and Movements met at 2:35 p.m., in room G-3, United States Capitol, Hon. A. S. J. Carnahan (chairman of the subcommittee) presiding. Mr. CARNAHAN. The committee will come to order. The meeting this afternoon is for consideration of proposed legislation which deals with privileges of judges of the International Court of Justice. We will begin the meeting by having read a communication from Secretary Herter. Mr. Clerk, will you read the communication. The Honorable, SAM RAYBURN, Speaker of the House of Representatives. DEPARTMENT OF STATE, Washington, February 17, 1959. DEAR MR, SPEAKER: The International Court of Justice, to whose Statute the United States is a party by virtue of its membership in the United Nations, sits at The Hague. Its 15 judges, representing the main forms of civilization and the principal legal systems of the world, frequently choose to reside in countries other than their own in order to enable them expeditiously to travel to The Hague when needed. The General Assembly of the United Nations, on December 11, 1946, adopted Resolution 90(1), which provided in part as follows: "The General Assembly, "2. Recommends that if a judge, for the purpose of holding himself permanently at the disposal of the Court, resides in some country other than his own, he should be accorded diplomatic privileges and immunities during the period of his residence there." The United States delegation voted in favor of this resolution. Implementation of this resolution has been undertaken by some United Nations members. France and Italy, for example, grant diplomatic privileges and immunities to judges not nationals of the state of residence. Although the United States has not yet taken steps fully to implement this resolution, a substantial measure of privileges and immunities is presently granted in the United States to judges of the International Court of Justice. Under Article 19 of the Statute of the Court, judges engaged on the business of the Court enjoy diplomatic privileges and immunities. In addition, under section 7(b) of the International Organizations Immunities Act (Public Law 291, 79th Cong., 1st sess. (1945)) judges are immune from suit and legal process |