399. Editorial Note

On August 20, 1980, the United Nations Security Council voted 14–0 to pass Resolution 478 (1980), censuring Israel for the Knesset’s July 29 enactment of the “Basic Law” on Jerusalem, effectively making the city the de jure capital of the country (see Document 394), characterizing it as an action constituting “a serious obstruction to achieving a comprehensive, just, and lasting peace in the Middle East.” The lone abstention in the vote was taken by the United States. Secretary of State Edmund S. Muskie explained the U.S. decision in his address to the Security Council on August 20. While affirming his country’s support for an undivided Jerusalem, “with free access to the holy places for peoples of all faiths,” and opposition to “any attempt to impose sanctions against Israel under Chapter VII [of the U.N. Charter],” he stated that the resolution was “fundamentally flawed.” “It fails to reaffirm Resolution 242 as the basis for a comprehensive peace,” Muskie continued. “Israel, for example, is to be censured—yet there is no censure, indeed no mention at all, of violence against Israel or of efforts that undermine Israel’s legitimate security needs. Further, the resolution before us calls upon those states that have established diplomatic missions in Jerusalem to withdraw them from the holy city. In our judgment this provision is not binding. It is without force. And we reject it as a disruptive attempt to dictate to other nations. It does nothing to promote a resolution of the difficult problems facing Israel and its neighbors. It does nothing to advance the cause of peace. On these specific grounds, we abstain on the resolution.” The complete text of Muskie’s speech, as well as the text of Security Council Resolution 478, are printed in the Department of State Bulletin, October 1980, pages 78–80.