UNP files, lot 59 D 237, “Slates”
Memorandum by the Assistant Secretary of State for United Nations Affairs (Key) to the Deputy Under Secretary of State (Murphy)
- Subject:
- Candidacy of Sir Zafrulla for Position on International Court of Justice
Sir Zafrulla has asked Ambassador Hildreth to ascertain the United States’ position regarding his candidacy for election to the International Court of Justice (see Karachi’s 827, attached).1 He told [Page 537] the Ambassador that there was now considerable pressure on the Prime Minister and the Cabinet, on the part of certain religious zealots, to force him out of the Cabinet. Although the Prime Minister has assured him of support, the pressure may develop beyond the Cabinet’s power to resist, and the Cabinet itself may be seriously weakened at a time when Pakistan is well oriented toward the United States. NEA believes that meanwhile, if the Prime Minister could confidentially inform opposition leaders that Sir Zafrulla will receive United States support for a seat on the Court, the latter would be retained at least until winter with minimum risk. The Prime Minister has expressed “great interest” in learning the Department’s views on Sir Zafrulla’s candidacy.
NEA and UNA have asked the other interested bureaus and I whether they would agree to a commitment to support Sir Zafrulla for the vacancy on the Court caused by the death of Sir B. M. Rau, I believe that we should not now commit ourselves to Sir Zafrulla on the grounds (1) that his chances of election are poor (since there will probably be wide support for Dr. Pal, the Indian nominee, on the grounds that an Indian national is entitled to the unexpired portion of Rau’s term) and will not be materially helped by our informing Pakistan of U.S. support at this time; (2) that a commitment would rigidly tie us to a candidate six months before the election, regardless of the chances and other factors which might pertain at a later date; (3) that our selection of a candidate to support should not turn on intra-party political strife within another country; and (4) that our support for Sir Zafrulla at this time might have a serious adverse effect upon the election of Justice Douglas Edmonds to the International Law Commission. (Edmonds is the “official” U.S. candidate for the vacancy on the Commission caused by Judge Parker’s decision not to accept his seat. The Commission, which is empowered to elect an individual to fill a vacancy, will hold an election in June. I believe that if Pal, a member of the Commission, learns that we intend to support Sir Zafrulla for the Court in opposition to his own candidacy, this will lead him to concept with others on the Commission to defeat Edmonds, to whom there is opposition among other Commission members.)
FE also thinks that we should not commit ourselves to Sir Zafrulla now and asks that we consider a Far Eastern candidate. Myint Thein of Burma has already been nominated and FE believes that a judge from the Philippines and possibly Japan might also be suggested.
While it is not our normal practice to commit ourselves this far in advance, NEA is strongly of the opinion that we should agree to support Sir Zafrulla now because of the recent political developments in Pakistan and in the light of his eminent qualifications. UNA believes, and NEA concurs, that it should be made clear to the Prime Minister of Pakistan that there may well be considerable support for Pal, and [Page 538] that the burden of the campaign must in any event be borne by Pakistan. We also believe that particularly in view of the Department problem of Justice Edwards’ election to the Law Commission, the Prime Minister should be informed that our decision to support Zafrulla must not become known to other UN Members, especially India. The attached cable, cleared by UNA, NEA, EUR, and ARA but not by L or FE, has been drafted on this basis.
I suggest that you call a meeting to be attended by Mr. Byroade, Mr. English, M. Drumright and me to consider this question. Since the Prime Minister is directly interested in the problem, we should give him an answer as soon as possible.
You will recall that the Pakistan ambassador raised the question of Sir Zafrulla’s candidacy with the Secretary last December. The Secretary asked that his candidacy be given “sympathetic consideration”, although he agreed with our recommendation that it was too early for us to take a decision at that time.
- Not attached, not printed.↩