353/12–1753: Telegram
The Acting Secretary of State to the Mission at the United Nations
295. Re date of ICJ election for Rau vacancy. We assume SYG within next two weeks will request national groups nominate individuals for Rau vacancy in accordance Articles 5 and 14 of ICJ Statute. In past SYG, before making request, has asked SC to set date for election in order be able inform national groups of time table. However this is not required under Statute and he may decide in this case to send requests to groups without asking Council to meet first.
While we do not want to initiate discussion on election date or make an issue of matter we hope avoid action which might possibly give added reason for reconvening Eighth GA or opening up its agenda to [Page 519] other items. Therefore if Secretariat asks our views we suggest you express opinion election should be held during Ninth GA. You might point out that past practice, as well as Article 14 of Statute read in relation to Article 5, would argue for at least three months to elapse between issuing request for nominations and election. Furthermore, since it is not known whether or when Eighth GA might reconvene it would be difficult schedule election during reconvened Eighth GA. If Secretariat asks whether we think SC should set date before requests for nominations issued you might suggest we have no strong views on matter but doubt necessity SC action now.