Foreign Relations of the United States, 1950, The United Nations; The Western Hemisphere, Volume II

330.1/8–1150: Telegram

The Secretary of State to the United States Representative at the United Nations (Austin)

confidential

Washington, August 11, 1950—8 p.m.

137. Deptel 72 July 28.¹ Consultations on basis of Dept draft resolution for estab of SC Fact-Finding and Observation Commission disclosed negative attitude on part of number of members including UK, France, India, and Norway. Objections by these members were directed primarily against delegation by SC of decision to investigate which under San Francisco Statement is subject to veto. Dept now considering a proposal for estab of GA Fact-Finding and Observation Commission which wld avoid these legal problems and which in our view might accomplish at least to some degree the purpose of the original proposal. Tentative draft of this proposal follows;

“The GA

[Preamble]²

Establishes a GA Fact-Finding and Observation Commission composed of the Reps of (9 Members) for the purpose of ensuring immediate and independent observation in and reporting from any area in which internatl tension or internatl conflict develops;

Authorizes and requests the IC of the GA to dispatch the Commission or subcommission (subcommissions) thereof or observers to be selected by the Commission to any area where the IC deems their presence useful in order to carry out the purpose of the present Resolution;

Requests Comm to report as directed to GA, or IC, or bring its report to attn of SYG of UN with a view to transmittal to SC.

Directs the IC, in the performance of its duties under the present Resolution, to observe its terms of reference as set forth in Resolution 295 (IV), provided however that all decisions of the IC in application of the present Resolution including those taken under Para 2(b) and 2(e) of Resolution 295 (IV) shall be made by a majority of members present and voting.

Recommends to all Govts and authorities that they cooperate with the Commission and assist in the implementation of the present Resolution;

Requests the SYG to provide the necessary staff and facilities utilizing where appropriate the UN Panel of Field Observers envisaged in Resolution 297 (IV) B, and to make appropriate arrangements for the supply of funds required in carrying out the terms of the present resolution.”

You will note if established, Commission could be dispatched to any troubled area either by GA itself or by IC. In applying this resolution IC will be bound by all the safeguards and limitations imposed upon it by its terms of reference except that the ⅔ majority requirement for its decisions will be waived. Under IC terms of reference it will still be necessary to propose for inclusion on the agenda of the GA the situation concerning the area to which the Commission is to be dispatched; it will further be necessary for state to whose terr the Commission is to proceed to give its consent; moreover, the matter must not appear on list of items of which SC is seized and dispatch of Comm must not interfere with duties of other organs. Provision for reporting to SYG for transmission to SC follows precedent of Res 292 (IV) re Chi case. Such provision might help counter argument that we are seeking bypass SC.

Above proposal might be corollary to proposal for strengthening UN system in order to meet possible future aggression set forth in Deptel 732 to London (rptd Paris 725, USUN 126).³

You are requested to discuss above draft on informal and tentative basis with such Dels whose views in your discretion might be helpful in the crystallization of Dept’s position. We are particularly interested in reactions of those friendly members of SC with whom you discussed proposal contained Deptel 72 and of key Dels of LA countries. You will recall (Usun 165 and 166 Jul 29⁴) Fawzi Bey of Egypt was particularly interested this matter.⁵

Acheson

1. See p. 307.
2. Brackets appear in the source text.
3. August 9, supra.
4. Neither printed.
5. On August 16, G. Hayden Raynor, United Nations Adviser, Bureau of European Affairs, reviewed the proposed resolution on the establishment of a fact-finding commission with two officers of the British Embassy (Messrs. Gerald Meade and K. D. Jamieson). Raynor expressed the hope of the Department “that in considering this and other resolutions of this type that the Foreign Office would not study them from a legalist or technical angle but would take into account the present serious conditions in the world and the extreme importance of strengthening the UN so that it can more effectively deal with these questions.” (memorandum of conversation by Raynor, August 16, 320/8–1650)