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

784A.00/9–2150

Memorandum by the Acting Assistant Secretary of State for Near Eastern, South Asian, and African Affairs (Berry) to the Secretary of State

secret

[Washington,] September 21, 1950.

Subject: Important Aspects of the Palestine Situation.

There is submitted hereunder a brief review of currently important aspects of the Palestine situation:

1. Jerusalem.

The Trusteeship Council during the past year found itself unable to implement the General Assembly’s resolution of December 9, 1949, reaffirming the principle of the 1947 resolution that Jerusalem should be established as a corpus separatum under an international regime administered by the United Nations. The main reason for the Council’s failure was the strong opposition of Israel and Jordan, the nations occupying the city. The Council has accordingly referred the matter back to the General Assembly.

The Israeli Government submitted to the Council a proposal which would limit international participation in Jerusalem to the supervision of the protection of the Holy Places, most of which are located in the Jordan half of the city. Jordan opposes this proposal, as does the Vatican, which still firmly supports full internationalization and which last year influenced the Catholic nations to vote for this kind of a regime in the General Assembly.

The Soviet Union has announced that it no longer supports full internationalization, and it is unlikely that a majority could be obtained this year for another resolution for this kind of regime. It also seems, however, at the present time that there will not be a majority for any other proposal, since enough nations will probably be influenced by the Vatican not to support a plan for international supervision of the Holy Places alone. If no decision is reached this year, the present division and control of Jerusalem by Israel and Jordan will continue and be strengthened.

Our position is that we seek a solution acceptable to Israel and Jordan and the greater part of the International Community. Last year we devoted much effort to drawing up the statute of the Palestine Conciliation Commission, which was not even considered by the Assembly. Our present intention is not to play an active role on this issue in the Assembly and, while freely discussing all proposals, not to support any one of them which does not give clear signs of obtaining acceptance by Israel, Jordan, and the greater part of the International Community.

2. The Palestine Conciliation Commission.

The Palestine Conciliation Commission has spent a fruitless year attempting to promote agreement between Israel and the Arab States. The main reason for its failure is that the parties do not seem to desire peace ardently enough to make the concessions in their basic positions which might bring peace. The Arabs are not yet prepared to swallow the pill of signing peace with Israel; they are not willing to renounce one of the main provisions of the General Assembly of December 11, 1948—that the Palestine refugees have the right to return to their homes in Israel in occupied territory, and that those who elect not to return shall be compensated for their property. The Arabs are also unwilling to renounce the claims which they have made for territory allotted to the Palestine Arab State by the Partition Resolution of 1947, but which was occupied by Israel forces during the Palestine war. The Israelis are unwilling to permit the return of large numbers of Palestine Arab refugees; they are also unwilling to cede to the Arabs any sizable amount of territory.

Under the circumstances the relations between the parties are being governed by the armistice agreements.

There is to be considered the nature of the report which the Palestine Conciliation Commission will make to the General Assembly, and whether the PCC should recommend that the Assembly take some kind of action designed to bring about agreement between the parties. We have not taken a final position on these questions pending consultation with Ambassador Palmer, the U.S. member of the PCC, who is scheduled to arrive in the United States in October.

3. The Palestine Refugee Agency.

The Palestine Refugee Agency is scheduled to report to the General Assembly on the results of its efforts during the past year toward relief, repatriation and resettlement of the Palestine refugees. It is expected that the Agency will confine itself to a review of its activities, and to outlining the necessity of further international contributions to enable it to carry on its work. Our final position on the nature of the PRA report is being reserved pending consultations with Ambassador Blandford, the U.S. member of the Agency, who is due to arrive in the United States in the near future.

4. Arab-Israeli Complaints Before the United Nations.

Recently several of the continuing Arab-Israeli border incidents have been officially placed before the United Nations, as follows:

(a) Jordanian Complaint. The Jordan Government has officially requested the Secretary General to cause the Israelis to withdraw from a small amount of territory which is part of the original Trans-Jordan Mandate and which has recently been occupied by Israel. This territory is located in the vicinity of the Rutenberg Hydro-Electric Works. Investigation has revealed that when the Israeli-Jordan armistice line was demarcated at Rhodes by Israeli and Jordanian representatives in the presence of Dr. Bunche, the Jordanian representatives unwittingly agreed to the line’s being drawn in such a way that the area in question fell in the territory under Israeli control. The Jordanians have now discovered this mistake, and maintain that the territory of the original Trans-Jordan Mandate could not have been under discussion at Rhodes. The Israelis refuse to evacuate the territory. The Jordanians have invoked the Tripartite Declaration, but the matter is clearly one for solution in the Israeli-Jordan Mixed Armistice Commission, and we have so advised the Jordan Government. Iraq has sent the Secretary General a communication supporting Jordan, and Syria has approached the United States to invoke the Tripartite Declaration on behalf of Jordan.

(b) Egyptian Complaint. The Egyptian Government has placed upon the agenda of the Security Council the matter of the expulsion by Israel of a considerable number of nomad Arabs into Egyptian territory. The Egyptians claim that these people have always lived in Palestine. The Israelis claim that they are nomads from the Sinai desert who have infiltrated into Israeli territory and there committed all kinds of depredations. The chief U.N. observer in Palestine believes that the Egyptians have a good deal of right on their side, and that the Israelis should take back the nomads.

(c) Israeli Complaints. Apparently to counter the above Arab moves, the Israelis have placed upon the Security Council agenda the following items:

1. Violation by Egypt of Israeli-Egyptian Armistice agreement through maintenance for 17 months of blockade practices against Israel.

2. Violation by Jordan of its armistice agreement with Israel through non-implementation of Article VIII (which provides machinery for the handling of such problems as Israeli access to the Hadassah Hospital and Hebrew University on Mt. Scopus).

3. Violation by Egypt and Jordan of their respective armistices with Israel by officially and publicly threatening aggressive action.

4. Non-observance by Egypt and Jordan of procedures in the armistice agreements with Israel stating that claims and complaints should be handled in the Mixed Armistice Commissions.

We are following these complaints closely and are attempting to persuade the parties to adopt a more conciliatory attitude.¹

1. A marginal notation appears at the end of the memorandum, stating that “UNP agrees to general presentation of Subject. Reservation is made, however, to the categorical position in paragraph 3 under ‘Jerusalem.’ the feeling being that a majority proposal may be forthcoming with less emphasis on Internationalization and complex administration.”