320/9–2750: Telegram

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

secret

Gadel 11. Fol Dept’s suggestions and comments re proposed resolution “Uniting for Peace”, Delga 33, Sept. 25.1

1.
Suggest addition new first para, along fol lines, which would include idea your second:

“Expressing its profound concern at the present state of international tension, and affirming its belief that all international disputes and situations which might threaten international peace and security [Page 349] can be settled by peaceful means in such a manner that international peace and security, and justice, are not endangered.”


Comment: Dept believes suggestion would be attractive as reaffirming belief that despite present tension war is not inevitable.
2.
Delete second para your draft.
3.
Revise your para 4 to read: “Reaffirming the importance of the exercise by the SC of its primary responsibility for etc.”
4.
Break up para 5, your draft into two paras and rewrite as fols:

“Conscious that failure of the SC to discharge its responsibility on behalf of all member states does not relieve member states of their obligations, or the UN” of its responsibility, under the Charter to maintain international peace and security;

“Recognizing, in particular, that such failure does not deprive the GA of its rights or relieve it of its responsibilities under Chapter IV of the Charter in regard to the maintenance of international peace and security;”


Comment: Your draft eliminates notion of continuing obligation of members and deals only with rights and obligations GA. Dept believes two separate ideas involved, both useful.
5.
Although your final para preamble acceptable suggest fol alternative: “Recognizing that it is important to expedite and make more effective the action of the GA in regard to the maintenance of international peace and security, and to enhance its contribution in this field.”
Comment: Dept sees no need describe in detail in preamble what fols in resolution. Proposed substitution would seem adequate.
6.
Re para Al, Dept has always preferred and still prefers the inclusion of reference to the veto or lack of unanimity of the permanent members. Would appreciate statement of your reasons for deletion in this draft. In addition, Dept questions desirability broadening occasion special emergency session by including reference para Al to “threat to peace”.
7.
Rewrite para A1(a) to read “The SC, upon an affirmative vote of any 7 members thereof”.
Comment: Your draft would suggest action by 7 members of SC acting individually and informally which might raise constitutional question under Art 20.
8.
Rewrite numbered para B4 to read “Authorizes the IC of the GA to call upon the Commission to observe and report …”
9.
Rewrite second sentence in numbered para B4 to read: “In the performance of its duties under the present resolution the IC shall act only if the SC is not exercising in respect to the matter in question the functions assigned to it by the Charter, and decisions to utilize [Page 350] the Commission shall be made only upon the vote of a 2/3 majority of the members present and voting”.
Comment: Dept agrees implication your draft, i.e., freeing IC in implementing present resolution from most limitations contained resolution 295 (IV). Dept believes, however, 2/3 vote requirement should be limited to decision to utilize Commission, and should not be required in regard other possible votes in matters relating to this resolution.
10.
In numbered para C8, revised to read: “… to be so trained, equipped and maintained, etc.”.
Comment: This was proposed by JCS and its inclusion agreed by Hickerson. Further, because of possible practical difficulties designation specific units and relationship those units to NAT and other forces, Dept agrees further consideration be given employing phrase like “designate or maintain”.
11.
Revise numbered para C10 to read: “… report to the GA on means, including the use of armed forces, which are available, or which might be made available, by special agreement or otherwise, to the UN in order to carry out the purposes, etc.”
Webb
  1. See text of U.S. Delegation draft proposal of September 25, p. 340.