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Natural Justice at the United Nations:the Rhodesia Case

Published online by Cambridge University Press:  28 March 2017

Michael Stephen
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Extract

It is provided by Article 1(1) of the United Nations Charter that the adjustment or settlement of disputes or situations which might lead to a breach of the peace is to be brought about in conformity with the principles of justice and international law. There is much controversy about the precise meaning of this article, but its broad intention is clear; that if the United Nations is to command respect, without which its recommendations and decisions can never be effective, its organs must not act, or give occasion to be suspected of acting, in an unfair or arbitrary manner.

Type
Research Article
Information
American Journal of International Law , Volume 67 , Issue 3 , July 1973 , pp. 479 - 490
Copyright
Copyright © American Society of International Law 1973

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References

1 21 SCOR, 1280th Mtg. paras. 6–8.

2 In 1964 the “Southern” prefix was omitted in common usage, since Northern Rhodesia had taken the name Zambia. However at the United Nations the omission of the prefix has become associated with the declaration of independence which took place more than a year later and those who regard the declaration as illegal prefer that the prefix be used. However the use of the shorter form here is not intended to imply any position on that issue. Similarly, the use of the term “government” is not intended to imply a position on the qeustion of its status.

3 “. . . any state which is not a Member of the United Nations, if it is a party to a dispute under consideration by the Security Council, shall be invited to participate, without vote, in the discussion relating to the dispute. . . .”

4 16 GAOR Supp. 17A (A/5100 add. 1), at 3.

5 New York Times, Dec. 8, 1966, at 22.

6 21 SCOR Res. & Dec. (S/INF. 21/Rev. 1), at 7 (1966).

7 738 Pakl. Deb. H.C. (5th ser.) w.q. 187.

8 Supra note 5.

9 2 SCOR, No. 74, 181st Mtg., Aug. 12, 1947, at 1920 (the Indonesian case).

10 Res. 216 and 217, 20 SCOR Res. & Dec. (S/INF. 20/Rev. 1), at 8 (1965). The Council also accepted the British assertion that a “rebellion” existed in Rhodesia without any inquiry into the meaning of that term in international law.

11 73 votes to 1, with 27 abstentions: Argentina, Australia, Austria, Belgium, Canada, Columbia, Denmark, Dominican Republic, El Salvador, Finland, France, Greece, Guatamala, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Nicaragua, Norway, Paraguay, Peru, Spain, Sweden, Turkey, United States. The United Kingdom and Portugal did not participate in the voting.

12 16 GAOR, 1116th Mtg., June 22, 1962, at 95.

13 1121st Mtg., at 19.

14 1115th Mtg., at 38.

15 1120th Mtg., at 23.

16 2 SCOR No. 67, 171st Mtg.

17 171st Mtg., at 1619; 181st Mtg., at 1920; 183rd Mtg., at 1981.

18 171st Mtg., at 1627; 181st Mtg., at 1923.

19 181st Mtg., at 1920.

20 Id. 1935. (The Republic of China).

21 Id. 1931, 1933.

22 171s t Mtg., at 1627.

23 181st Mtg., at 1931.

24 Statement of the President, 181st Mtg., at 1940.

25 184th Mtg., at 1995.

26 “The Security Council may invite members of the Secretariat or other persons whom it considers competent for the purpose, to supply it with information, or to give other assistance in examining matters within its competence.”

27 3 SCOR Nos. 16–35, at 255, 257.

28 See also invitation to Mr. Jan Papanek in the Czechoslovak case. 3 SCOR 272nd Mtg., at 173–75. (March 22, 1948).

29 258th Mtg., at 343.

30 283rd Mtg., at 15.

31 3 SCOR No. 109. 357th Mtg., at 11. (Request in S/986, Aug. 21, 1948).

32 26 SCOR 1604th Mtg., at 26 (Dec. 2, 1971). “Zimbabwe” is the African Nationalist name for Rhodesia.

33 5 SCOR 494th Mtg., at 21 rejecting the Soviet draft resolution (S/1751) and 473rd Mtg., at 18 rejecting the Yugoslav draft resolution (S/1500). Proposals to invite the People’s Republic of China to attend the meetings of the Security Council were likewise rejected (5 SCOR 492nd Mtg., at 21 and 499th Mtg., at 19) but in this instance the question was complicated by the fact that the Republic of China was already occupying the Chinese seat in the Security Council and the matter was thus seen as another facet of the problem of Chinese representation in the United Nations. Further it does not appear that the Franco regime in Spain was invited to argue its case during the Security Council’s investigation of the Spanish question in 1946, but the views of the Spanish Republican Government were received. (See 1 SCOR 36th Mtg. April 17, 1946 et seq. and UN Docs. S/75 and S/76.)

34 181st Mtg., at 1939 (spoke in English); see also United States, at 1933.

35 A/AC 109/PET. 546.

36 A/C4/670.

37 21 GAOR 4th Com. 1607th Mtg. (A/C4/SR 1607), 4. [the following quotations are taken from the summary record].

38 Id. 10.

39 Id. 14.

40 Id. 17.

41 Id. 30.

42 Id. 11.

43 Id. 26.

44 1962: Dumbutshena, Sithole, Scott, Chinamano, Shamuyarira, Mushonga, Chihota, P. Sithole. 1963: Mugabe, Silundika.

45 1962: Nkomo, Mushonga, Todd, Zvogbo. 1963: Nkomo. 1964: Nyandoro, Todd. 1965: Shamuyarira, Mubambirwa, Nyandoro, Mukono, Matuure, Nehwati.

46 17 GAOR 4th Com. 1345th Mtg. et seq.

47 Id. 1366th Mtg. & 1367th Mtg.

48 17 GAOR (Plenary) 1163rd Mtg., at 34.

49 See supra note 33.

50 26 GAOR 2027th Mtg., at 17, 18.

51 23 GAOR 1693rd Mtg., at 112.

52 A Principle in Torment: 1 The United Nations & Southern Rhodesia, at 67, 68 (U.N., 1969).