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

350/3–1550: Telegram

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

secret

Geneva, March 15, 1950—6 p. m.

373. Tcdel 128. 1. USDel has discussed question of provisional adoption Jerusalem statute, consultation by president with two parties and further consideration at TC June session (Tcdel 103 and Deltc 29)¹ with number of delegations which have expressed following views:

[Here follow the views of the British, Belgian, Australian, and French Delegations.]

From our discussions with other delegations we believe majority would be favorable to idea of submitting completed statute to Israel and Jordan end this session and resuming discussion in TC in June.

2. Basis above discussions USDel believes it would be difficult if not impossible to obtain general support for proposal of “provisional adoption”. We therefore believe wisest program would be to adopt formula for article 39 as suggested by Australia² (which we believe would receive majority support) and then upon conclusion third reading to “approve the statute” in accordance with terms GA resolution. Since under amended terms article 39 statute would not yet come into force it would seem that difference between “provisional adoption” and “approval” is only a matter of words but former would unnecessarily make us vulnerable to attack under wording of GA resolution. We should then expect Council as necessary next step before proceeding with question of implementation to instruct president to present statute thus approved to governments of Israel and Jordan for their comments.

If this course adopted USDel could make statement prior to voting along lines suggested in Deltc 29. Do we correctly understand from this that our vote as thus explained should in third reading be affirmative on statute as whole?

3. We expect second reading to finish early next week after which there will probably be few days delay for Secretariat to prepare final text of statute. Unlikely therefore that third reading will commence before March 27. However if view possibility that question of adoption may be raised in consideration of Article 39 USDel would appreciate Department’s instructions soonest.³

Sent Department, repeated London 97, Jerusalem unnumbered, Tel Aviv unnumbered, Amman unnumbered, USUN unnumbered. Department pass Tel Aviv, Amman, USUN.

1. Dated February 28 and March 3, respectively, pp. 768 and 776.
2. Article 39 dealt with the question of entry into force of the Statute. The Australian view was that the “TC might adopt formula that Statute would come into force ‘date to be determined by TC’. This would avoid question of implementation, give opportunity for consultation with two parties and yet not be open to criticism as undermining GA resolution.” (Telegram 373)
3. The Department of State, in reply on March 20, approved the procedure suggested in paragraph 2. It also answered in the affirmative the question in the last sentence of that paragraph, stating that “We consider statement outlined Deltc 29 can be adopted situation then existing in light Art 39 as approved 2d reading.” (Telegram 361, identified also as Deltc 35, 350/3–1550)