Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht Logo Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht

Sie befinden sich hier: Publikationen Archiv World Court Digest

World Court Digest

III. The International Court of Justice
5.2. Request for Advisory Opinion

¤ Applicability of Article VI, Section 22,
of the Convention on the Privileges and
Immunities of the United Nations,
Advisory Opinion of 15 December 1989
I.C.J. Reports 1989, p. 177

[p. 187] The present request for advisory opinion is the first request made by the Council, pursuant to paragraph 2 of Article 96 of the Charter. That paragraph provides that organs of the United Nations, other than the General Assembly and the Security Council,
"which may at any time be so authorized by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities".

Such authorization in respect of the Council was given by General Assembly resolution 89 (I) of 11 December 1946. The question which is the subject of the request, involving as it does the interpretation of an international convention in order to determine its applicability, is a legal question. Furthermore it is one arising within the scope of the activities of the Council. As indicated in paragraph 10 above, Mr. Mazilu's assignment was pertinent to a function and programme of the Council. The Commission is a subsidiary organ of the Council, and the Sub-Commission, of which he was appointed special rapporteur, is in turn a subsidiary organ of the Commission. Accordingly, the request before the Court fulfils the conditions of Article 96, paragraph 2, of the Charter of the United Nations.