The Consul at Jerusalem (Burdett) to the Secretary of State
300. Palun 127. [From Ethridge.] Department’s suggestion re Jerusalem conveyed French delegation along lines indicated Unpal 76.1 Boisanger did not comment this suggestion but said he thought agreed position within PCC possible.
Secretariat has produced working draft proposals re Jerusalem as requested by Jerusalem Committee, drawing on French paper and various unofficial suggestions by USDel. This paper represents sound basis work in view USDel and we think might be adjusted to trusteeship pattern.
Paper proposes following international organs, all other powers to be in hands authorities Jewish and Arab zones.
UN administrator appointed by GA would have direct control and power make regulations re holy places to which status quo applies and supervision protection and access other holy places in area. Could call on authorities to grant rights passage visitors these places, and power decides disputes re holy places.
All persons in area would be entitled human rights as set forth UN December and administrator may bring questions appropriate authorities and if necessary to appropriate UN organ.
[Page 921]Area would be demilitarized and formal assurances given by parties re demilitarization and inviolability demarcation lines. Administrator would report violations SC.
Administrator authorized recruits small force for protection holy places and his headquarters staff.
Administrative council consisting 10 members, 4 from each zone and two neutral, would be responsible for common public services, coordination measures for maintenance peace and order, budgetary matters and other municipal matters common to area such as town planning.
International tribunal appointed by President ICJ would have jurisdiction disputes re competence organs and courts within area and also whether acts of organs compatible statute.
Mixed tribunal would have jurisdiction cases in which parties do not belong same zone.
Responsible Jewish Arab authorities would be called on to negotiate economic arrangements with view facilitating commerce between zones.
Under foregoing plan international organ would exercise actual governing power only over holy places, which point already agreed by states concerned. As to other main points such as demilitarization, peace and order, free access and human rights, USDel thinks international obligations should be proposed and might be substantially strengthened by giving international tribunal power hear complaints and render advisory opinions on motion international authority. This might be more effective means effectuating international interest than direct reference appropriate UN organ, where debates likely to be on political basis and result ineffective resolution. Reference such organs could follow, taking into account advisory opinion and subsequent attitude parties concerned. States concerned might find it difficult to reject expression international interest through such method.
Principle questions re trusteeship which occur to us at present follow:
Can main purposes trusteeship under charter be reconciled with objectives international community re Jerusalem and with public opinion in area?
In addition to direct international authority over holy places, should not international interest be afforded expression re other basic points in regard area as whole? If so, should this not be focal point of internationalization and would not creation trusteeship, with administration awarded adjacent states focus attention rather on division city between separate sovereignties?