Foreign Relations of the United States, 1950, The Near East, South Asia, and Africa, Volume V

350/2–1750: Telegram

The United States Delegation to the Trusteeship Council to the Secretary of State

secret

Geneva, February 17, 1950—7 p. m.

250. Tcdel 82. In preliminary statements to TC this week re Jerusalem Statute¹ Iraq and Philippine delegations declared that certain articles draft statute must be revised to take into account existing conditions in Palestine, particularly with respect to refugees. It seems probable that these delegations will introduce revisions and possibly new articles calling for return of Arab refugees to Jerusalem, restoration of Arab refugee property, compensation, etc.²

1. US delegation recommends it be authorized to abstain on revisions or new articles specifically relating to refugee and related problems. We consider we should not support these revisions or new articles because they might have serious political implications vis-à-vis Israel and because they would be inappropriate in organic law of city. On other hand, we should not vote against them as negative vote would probably cause severe Arab reaction. We feel it would be desirable at first discussion with respect to return of refugees or restoration of refugee properties in Jerusalem to explain our abstention along following line: US earnestly desires solution refugee problem and in this connection US continues to participate in and support actively PCC and PRA. Having in mind unanimous adoption GA Resolution December 8, 1949 on the refugee question, US knows its desire for solution refugee problem is fully shared by most other UN members. However, US does not feel that TC which is acting under restrictive provisions of GA Resolution December 9, 1949 is proper body to deal with these problems of such wide ramifications and complexities. In our view, the task of the TC under the GA Resolution of December 9 is to frame constitutional status for Jerusalem and not to legislate on involved and complex matters which are of territory-wide extent. Moreover, other UN organizations such as the PCC and PRA are already seized with these problems. Please specifically instruct.

2. US delegation recognizes a possible distinction between articles such as above and such paragraphs as Article 8(a) which primarily defines who are residents and, therefore, have voting rights and which only incidentally touches on problem of refugees. Under present wording subparagraph (a) persons ordinarily resident in Jerusalem prior outbreak hostilities but now refugees cannot be defined as “residents”. Since it seems clear GA Resolution 29 November 1947³ intended that all persons residing in Jerusalem as of November 29, 1947 should be considered “residents”, unless they had voluntarily abandoned their residence since that date, subparagraph (a) might be revised to take account this situation by omission words “and have remained ordinarily so residents since that date”. If such resolution introduced should US delegation vote in favor without comment or abstain?

3. TC begins Monday with discussion and action on Jerusalem statute. Appreciate instructions soonest.

1. This refers to the Draft Statute for the City of Jerusalem which had been adopted by the Trusteeship Council on April 21, 1948; see editorial note, Foreign Relations, 1948, vol. v, Part 2, p. 837. The Council began its first reading of the Draft Statute on February 14.
2. During the discussion of February 14, the Philippine Representative suggested modification of Article 8 to provide that refugees from Jerusalem be included in the definition of inhabitants of the city. He also requested that property seized by the occupying authorities be returned to their lawful owners. His views were welcomed by the Iraqi Representative (telegram 240, identified also as Tcdel 77, February 14, from Geneva, 350/2–1450). The record of the Council’s discussion on February 14 is printed in TC (VI), pp. 161 ff.
3. See telegram 1271, November 29, 1947, from New York, Foreign Relations, 1947, vol. v, p. 1291. It was this resolution that provided for the partition of Palestine into Jewish and Arab States and for an international trusteeship over the Jerusalem area.