745X.021/11–1954: Telegram

The United States Representative at the United Nations (Lodge) to the Department of State

limited official use
priority

Delga 260. Re South West Africa.

Fourth Committee rept (part II) South West Africa L/355 10 Nov 19541 contains four resolutions Annex A, B, C and D.2

US position in refraining from vote in committee on first three resolutions was predicated on possibility of influencing final decision to refer question of ⅔ voting rule to ICJ. If no such proposal forthcoming and successful in plenary, delegation will be confronted question whether to vote on first three resolutions. Only basis which would then be left for explaining our refraining from vote on resolutions A and B would be legal doubts on part of US as to validity of ⅔ voting procedure. Del legal advisers consider no such doubt should be entertained and believe ⅔ procedure correct in law. As to third resolution, could explain abstention on ground no present prospect of a functioning committee in light statements of various members that committee. Request instructions on whether to refrain on vote and if voting how to vote. Del legal advisers believe we should make explanation of vote, whatever course is followed, so as to make quite clear that US itself entertains no doubts as to legality ⅔ voting procedure.

Lodge
  1. UN document A/2747/Add.1
  2. Draft resolutions A and B pertained to petitions concerning South West Africa. Draft resolution C concerned the work of the Committee on South West Africa and its report. Draft resolution D reaffirmed previous General Assembly resolutions concerning status of the Territory of South West Africa. The United States voted for these resolutions in the Fourth Committee.