Foreign Relations of the United States, 1948, The Near East, South Asia, and Africa, Volume V, Part 2

501.BB Palestine/4–2648: Telegram

The Secretary of State to the United States Representative at the United Nations (Austin)

secret
us urgent

Washington, April 26, 1948—2 p. m.

256. There follows working paper on possible draft trusteeship agreement for security zone of Jerusalem. This paper is sent for your comment but not for discussion with other delegations pending final clearance in Dept.

As indicated by telephone to Rusk this morning Dept strongly feels that special regime for Jerusalem should be UN trusteeship:

Temporary Trusteeship Agreement for the Jerusalem Area

preamble

Whereas the territory known as Palestine has been administered by the Government of the United Kingdom under a mandate assigned by the Principal Allied and Associated Powers and confirmed by the Council of the League of Nations; and

Whereas Jerusalem and its surrounding area contain many Holy Places sacred to Christians, Jews and Moslems alike; and

Whereas it is imperative that pending a final settlement of the Palestine problem the Jerusalem area be protected;

Now Therefore The General Assembly of the United Nations hereby resolves to approve the following terms of trusteeship for the Jerusalem Area:

article 1

The Trust Territory of Jerusalem, consisting of _____________ as defined on the attached map and hereinafter referred to as “the Trust Territory”, is hereby placed temporarily under the Trusteeship System of the United Nations.

article 2

The United Nations is hereby designated as the Administering Authority for the Trust Territory. The Trusteeship Council, operating under the authority of the General Assembly, shall exercise the functions of the Administering Authority.

article 3

The Administering Authority shall have full powers of administration, legislation, and jurisdiction over the Trust Territory which shall be exercised through the agency of the Government of the Trust Territory as hereinafter provided.

article 4

1. The Government of the Trust Territory shall consist of a Governor-General land such organs of self-government as in the opinion of the Governor-General will meet with cooperation from the various communities of Palestine.

2. The Governor-General shall be appointed by and may be removed by the Trusteeship Council, subject to the provisions of Article 5, paragraphs.

3. The Governor-General shall be subject to the instructions of the Trusteeship Council. He is hereby invested with full powers to administer the Trust Territory in accordance with the provisions of this agreement and the terms of the Charter of the United Nations.

article 5

1. The Governor-General shall be responsible for the organization and direction of the police forces necessary for the maintenance of internal law and order.

2. The Governor-General shall organize volunteer forces in accordance with Article 84 of the Charter of the United Nations, to-provide for local defense and the maintenance of internal law and order.

3. Pending the organization of the forces provided for in paragraphs 1 and 2 of this Article, the Governor-General is empowered to call upon the Govts of _________, which shall, for a period of time to extend not later than Dec. 31, 1949 provide for local defense and the maintenance of internal law and order.

article 6

1. The territorial integrity of the Trust Territory and its status as defined in this Agreement shall be assured by the UN.

2. In the event that the Governor-General is unable, through the use of the forces provided in Article 5, to maintain the territorial integrity of the Trust Territory against an act or threat of aggression, he shall request the Secretary General to bring the matter to the immediate attention of the Security Council.

article 7

The Governor-General shall, under the authority of the Trusteeship Council, assure the protection of the Holy Places, religious buildings and sites within the Trust Territory, as well as of educational and cultural establishments and charitable institutions and hospitals, the rights of which will be maintained as they were before the termination of the Mandate.

article 8

1. The Trusteeship established for the Trust Territory by this agreement shall be without prejudice to the rights, claims or position of the parties concerned in the Trust Territory and the remainder of Palestine, or to the character of the eventual political settlement for the Trust Territory and the remainder of Palestine.

2. It shall be the duty of the Governor-General to ensure that no activity prejudicial to the eventual political settlement for the Trust Territory and the remainder of Palestine shall take place within the Trust Territory.

article 9

1. This agreement may be altered or amended in accordance with Article 79 of the Charter of the United Nations.

2. This agreement shall terminate upon Dec. 31, 1949 unless otherwise determined by the General Assembly.¹

Marshall

1. The Department, on April 27, informed USUN that the White House had cleared the draft trusteeship agreement transmitted in telegram 256. The Department also requested deletion of the words “subject to provisions of Art. 5, para. 3” from subparagraph 2, Article 4. (Telegram 258 to New York, 501.BB Palestine/4–2748)