740.0011 Moscow/86

The Netherlands Embassy to the Department of State

Memorandum

The Netherlands Government desires to make the following observation with regard to the so-called Mediterranean Commission and other [Page 800] “institutional” (i.e. not ad hoc) international commissions which may eventually be established.

In the opinion of the Netherlands Government it is essential that the smaller powers be adequately represented in such commissions. In order to ensure adequate representation it will be desirable and necessary to entitle these smaller powers to participate on a basis of equality with the Principal Powers in all discussions affecting their interests.

The principle that the smaller powers are entitled to participate in the discussions whenever their interests are involved was already adopted before the war. It will be remembered that the statute of the International Court of Permanent Justice stipulates that if the Court includes upon the Bench no judge of one or either of the parties, the party or the parties concerned may select a judge of their own nationality.

Granted that this principle can still be considered as generally accepted, the Netherlands Government furthermore feels that in the interest of the successful operation of these international institutional bodies, the smaller nations should have a permanent representation on these commissions. This could be done by giving these countries a permanent seat, to serve for a limited time, under a system of rotation.

The Netherlands Government would greatly appreciate it if the abovementioned observations could be brought as soon as possible to the attention of the Secretary of State in Moscou.

[The Political-Military Commission was one of the topics discussed at the Tripartite Conference of Foreign Ministers at Moscow during its sessions on October 22, 23, and 29, 1943. For reports of these meetings, and texts of other Moscow Conference documents relating to the Political-Military Commission, see pages 604670, passim. The Political-Military Commission ceased to exist with the establishment by the Moscow Conference of the European Advisory Commission (see pages 801 ff.) and the Advisory Council for Italy (see volume II, pages 402 ff.)]