I appreciate that this is a somewhat unusual procedure but I am confident
that you will understand the difficulty in general instructions at this
point.
[Enclosure]
Draft Telegram to USUN
In light of probability that Palestine Commission will submit report
to SC early in Feb, following are
Dept views on question of SC
acceptance of its responsibilities under GA resolution Nov 29, 1947 on “Future Government of
Palestine”:
Conclusions
- 1.
- Resolution of GA is request to
SC which the SC can accept in whole or in
part.
- 2.
-
GA request to SC has two principal aspects:
- (a)
- Request that SC take
measures provided for in plan necessary for its
implementation. These include:
- (1)
- Guidance to commission in administration of
plan (IB2);
- (2)
- Action if Provisional Council of government
cannot be selected by April 1, 1948 by either
state (IB4);
- (3)
- Instructions to Commission (IB14);
- (4)
- Receipt of reports from Commission (IB14–15).
SC under its
general powers set forth in Art 24 of Charter has
full present authority to assume responsibilities
devolving upon it under plan without specific
determination of threat to peace or other
jurisdictional prerequisite to SC action.
- (b)
- Second aspect of GA
request relates to SC
action in event Council finds situation in Palestine
constitutes threat to peace and request that SC should regard any attempt
to alter by force settlement envisaged in plan as threat
to peace, breach of peace or act of aggression. As to
these requests, SC should
take no, action until occasion arises, nor should it
determine in advance that a given act constitutes a
threat to peace without examination of all surrounding
circumstances at the time.
- 3.
- Accordingly SC should by
appropriate resolution accept para (a) of
GA request and assume
responsibilities devolving upon it under plan and take note of
paras (b) and (c)
of GA request with understanding
that these requests should be given due consideration in any
determination by SC of whether
situation in Palestine constitutes a threat to peace or whether
a breach of peace or act of aggression has occurred, and in
action to be taken by SC on basis
of such determination.
Discussion
i. implementation of plan of partition
- 1.
- Resolution of GA has
established a GA commission to
assume transitional responsibility for implementation of plan of
partition. Measures of commission to implement plan are to
“become immediately effective unless commission has previously
received contrary instructions from SC.”
- 2.
-
GA recognized that implementation
of plan might involve problem affecting international peace and
security. To give effect to SC’s
primary responsibility in field of international peace and
security GA addressed a series of
requests to SC envisaging its
cooperation in implementation of plan by commission.
[Page 591]
ii. present status of ga resolution in sc
In its 22nd meeting on Dec 9, 1947 SC
approved following position enunciated by President: “The SC having received the letter from the
Secretary General enclosing the resolution of the GA concerning Palestine, and being
seized of the question, decided to postpone discussion.” Accordingly
Palestine question is now on list of matters of which SC is seized in accordance with Rule 11
of its Rules of Procedure.
iii. basis of sc
jurisdiction in respect of ga
resolution
Basis of activities envisaged by GA
resolution for SC in taking measures
necessary for implementation of plan is Art 24 of Charter under
which Members of UN” confer on SC
primary responsibility for maintenance of international peace and
security. Same article of Charter was invoked and accepted by SC (with Australia abstaining) in
connection with assumption of responsibilities under annexes to
Italian Peace Treaty relating to creation and government of Free
Territory of Trieste. In that case SC
adopted resolution recording its approval of instruments relating to
Trieste and “its acceptance of responsibilities devolving upon it
under the same,” See SC meeting Jan
10, 1947.
In respect of paras (b) and (c) of GA request, SC should, of course, take note of
Assembly’s resolution; but its responsibilities under those: parts
of resolution stem from its responsibilities under Chapters VI and
VII of Charter rather than from GA.
SC has under Charter a duty to
consider whether any situation involving maintenance of
international peace and security constitutes threat to peace or
breach of peace and if such a determination is made has duty to take
such action or make such recommendations as are necessary to
maintain or restore international peace and security. Request of
GA contained in para (b) of resolution does not enlarge or restrict
responsibilities or authority of Council in this regard. If SC does determine that situation in
Palestine constitutes a threat to peace, it may take such further
action under any of Articles in Chapter VII as it deems necessary.
Para (b) of GA
resolution expressly mentions only Arts 39 and 41 of Charter under
these circumstances. This cannot be regarded as limitation on SC’s power to take measures under any
Articles in Chapter VII.
Moreover, it would be inappropriate for SC to decide in advance that any attempt to alter by
force settlement envisaged by plan should be regarded as threat to
peace, breach of peace or act of aggression. [Page 592] Such determination by Council
should be made after examination of acts themselves and in light of
surrounding circumstances prevailing at the time.
