Foreign Relations of the United States, 1952–1954, Germany and Austria, Volume VII, Part 1

396.1 PA/12–1753: Telegram

No. 318
The United States Delegation at the Tripartite Working Group to the Department of State¹

secret
niact

Paris, December 17, 1953—7 p.m.

Macto 16. UK delegation has presented following draft security declaration for tripartite consideration:

“The Governments of the United States of America, the United Kingdom of Great Britain and Northern Ireland and the French Republic,

Being resolved to devote their efforts to the strengthening of peace in accordance with the charter of the United Nations and in particular with the obligations set forth in Article 2 of the charter,

(i) to settle their international disputes by peaceful means in such a manner that international peace and security and justice are not endangered;

(ii) To refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations;

(iii) To give the United Nations every assistance in any action it takes in accordance with the charter, and to refrain from giving assistance to any state against which the United Nations may take preventive or enforcement action;

(iv) To ensure that states which are not members of the United Nations act in accordance with the principles of the charter so far as may be necessary for the maintenance of international peace and security;

Being determined to preserve the purely defensive character of the Atlantic alliance which is manifest in the North Atlantic Treaty, wherein they reaffirm their faith in the purposes and principles of the charter of the United Nations and their desire to live in peace with all peoples and all governments, and undertake to settle their international disputes by peaceful means in accordance with the principles, of the charter and to refrain, in accordance with those principles; from the threat or use of force in their international relations;

Considering also that the very structure of the European Defense Community provides assurances that its forces cannot be used for purposes of aggression, and that the provisions of the treaty establishing the community, which relate to the integration of forces and the pooling of resources and armaments of the member states on the European continent, preclude any individual armed action on the part of these states;

Take note that the Federal Republic of Germany, under Article 3 (i) of the convention on relations between the three powers and the Federal Republic signed at Bonn on May 26, 1952,² agreed to conduct her policy in accordance with the principles set forth in the charter of the United Nations and by a declaration dated---has undertaken in no case to have recourse to force contrary to those principles, but to resolve by peaceful means any disputes which may arise between her and other states;

Declare that:

(1) In their relations with the Federal Republic they will follow the principles set out in Article 2 of the United Nations charter;

(2) They will regard any recourse to force in violation of the undertaking noted above as a threat to the integrity and unity of the European Defense Community, and consequently to their own security and to the defensive character of the North Atlantic alliance. They will therefore act in accordance with Article 4 of the North Atlantic Treaty, and will in any event withhold all support from the government concerned and, to the extent that they consider necessary to this end, will regard themselves as automatically released from their commitments to it.

(3) They will act similarly in case a unified Germany should have recourse to force to modify the frontiers settled by the treaty of peace.

(4) They will use their best efforts to obtain the association of the other member states of the North Atlantic Treaty organization with this declaration.”

In our view UK draft with exceptions noted below represents improvement over previous drafts. While maintaining principal features of UK–French version³ UK draft spells out UN charter, NATO and EDC obligations more fully and is thus nearer concept of original US draft. At same time, in numbered paragraph 2, it borrows useful language without attribution from already existing tripartite obligation embodied within the tripartite declaration of May 1952 made in connection with signing of EDC.⁴

Numbered paragraph 2, however, as now drafted contains unacceptable language regarding the question of withholding support and unnecessary and ambiguous phrase re the defensive character of NATO. Also by apparently referring only to German undertaking it fails to carry reciprocal flavor which we believe desirable.

To meet foregoing objections we have put up for tripartite consideration following amended numbered paragraph 2 which we stated had not yet been approved by Department.⁵

“(2) They will regard any recourse to force in violation of the undertakings noted above as a threat to the integrity and unity of the European Defense Community, and consequently to their own security. They will therefore act in accordance with Article 4 of the North Atlantic Treaty with respect to withholding support from the government concerned; and, to the extent that they consider necessary to this end, will regard themselves as automatically released from their commitments to it.”

Department’s views urgently requested for use in tomorrow’s meetings.

Pass advance copy Elbrick.

1. Repeated to London and Bonn.
2. Document 51.
3. Document 314.
4. For text of the Tripartite Declaration, made at Paris May 27, 1952, see Department of State Bulletin, June 9, 1952, p. 897, or Documents (R.I.I.A.) for 1952, pp. 169–170.
5. The U.S. Delegation reported that it had offered the draft of paragraph 2 during an afternoon meeting on Dec. 17. The British appeared inclined to accept the amendment, but the French said they would have to study it further. (Macto 17 from Paris, Dec. 17, 396.1 PA/12–1753)