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

Statement Made by Ambassador Austin Before the Security Council on May 17, 1948.¹

May 17, 1948

Mr. Austin (United States of America): The Security Council now has adequate information to demonstrate that its earlier efforts to bring an end to the fighting in Palestine have been unsuccessful. Actually, fighting now in progress in Palestine, together with the statements being made by all the parties directly involved, clearly indicate to the United States Government that there is a threat to the peace and a breach of the peace within the meaning of Article 39 of the Charter. We believe, therefore, that the Security Council should find that the situation with respect to Palestine constitutes a threat to the peace and a breach of the peace under Article 39. We believe that the Security Council should issue an order as a provisional measure under Article 40 calling upon all authorities who are in control of armed elements now operating in any part of Palestine to bring about an immediate standstill in all military operations.

I shall read at this point a draft resolution on the Palestine question herewith being submitted by the United States delegation.

“The Security Council,

“Taking into consideration that previous resolutions of the Security Council in respect to Palestine have not been complied with and that military operations are taking place in Palestine,

“Determines that the situation in Palestine constitutes a threat to the peace and a breach of the peace within the meaning of Article 39 of the Charter;

“Orders all Governments and authorities to cease and desist from any hostile military action and to that end to issue a cease-fire and standfast order to their military and para-military forces to become effective within thirty-six hours after the adoption of this resolution;

“Directs the Truce Commission established by the Security Council by its resolution of 23 April 1948 to report to the Security Council on the compliance with these orders.”

Meanwhile, in order to permit the Security Council’s Truce Commission to proceed with maximum speed, the Security Council should ascertain which Arab authorities are responsible for the Arab aspects of the situation in Palestine, and ensure that such Arab authorities have designated representatives to deal with the Truce Commission. The United States considers that additional information on Palestine is desirable. The Security Council may wish to put a number of questions to the principal authorities. Some of these questions will be familiar, but it seems necessary to bring together in compact form all of the relative facts that can be obtained for the further information of the Security Council, and to obtain these facts before a decision is made.

I am submitting the type of questions which we think should be propounded to all of the parties interested in the following matters:

I. Questions to Egypt, Saudi Arabia, Transjordan, Iraq, Yemen, Syria and Lebanon:

(a) Are armed elements of your armed forces, or irregular forces sponsored by your Governments, now operating in Palestine?

(b) If so, where are such forces now located and under what command are they operating, and what are their military objectives?

(c) On what basis is it claimed that such forces are entitled to enter Palestine and conduct operations there?

(d) Who is now responsible for the exercise of political functions in the Arab areas of Palestine?

(e) Is such authority now negotiating with Jewish authorities on a political settlement in Palestine?

(f) Have the Arab Governments entered into any agreement among themselves with respect to Palestine?

(g) If so, what are the terms of the agreement?

II. Questions to the Arab Higher Committee:

(a) Is the Arab Higher Committee exercising political authority in Arab sections of Palestine?

(b) What governmental arrangements have been made to maintain public order and to carry on public services in Arab sections of Palestine?

(c) Have the Arabs of Palestine requested assistance from Governments outside of Palestine?

(d) If so, from what Governments, and for what purpose?

(e) Have you named representatives to deal with the Security Council Truce Commission for the purpose of effecting the truce called for by the Security Council?

III. Questions to the Provisional Government of Israel:

(a) Over which areas of Palestine do you actually exercise control at the present time?

(b) Do you have armed forces operating outside areas claimed by your Jewish State?

(c) If so, on what basis do you attempt to justify such operations?

(d) Are you negotiating with Arab authorities regarding either the truce or a political settlement in Palestine?

(e) Have you named representatives to deal with the Security Council Truce Commission for the purpose of effecting the truce called for by the Security Council?

(f) Will you agree to an immediate and unconditional truce for the City of Jerusalem and the Holy Places?²

1. Reprinted from SC, 3rd yr., No. 67, p. 2.

2. The questions submitted by Ambassador Austin were discussed at both sessions of the Security Council on May 18 and adopted with changes. The stipulation was made that the questions be answered within 48 hours from noon, May 19. For the record of discussions on May 18, see SC, 3rd yr., No. 68. The text of the questions, as adopted, is printed in SC, 3rd yr., Supplement for May 1948, p. 90.

   The reply by Transjordanian Foreign Minister Mulki was a refusal to answer the questions; its text as read to the Security Council by Ambassador Austin on May 22 is printed in SC, 3rd yr., No. 72, p. 42. All the other recipients of the questions gave substantive replies. Those by Egypt, Israel, Syria, Iraq, and Lebanon are printed ibid., pp. 6–16; that by Saudi Arabia is printed in SC, 3rd yr., Supplement for May 1948, p. 96. The replies from Yemen and the Arab Higher Committee have been released by the United Nations in documents S/774 (Add. 1) and S/775.