[Attachment
1]
Draft Resolution Prepared in the Department of State4
Washington, February 25, 1957.
The General Assembly of the
United Nations
Conscious of the Purpose of the United
Nations, expressed in Article 1 of the Charter, to suppress acts
of aggression and other breaches of the peace and to bring about
the settlement of international disputes by peaceful means and
in conformity with the principles of justice and international
law;
Recalling the disregard on many occasions
by parties to the Israel-Arab Armistice Agreements of 1949 of
the terms of such agreements;
Desiring to establish conditions under
which justice and respect for the obligations arising from
treaties and other sources of international law can be
maintained;
Noting that Israel has since 29 October
1956, violated, with military force, the territorial integrity
of Egypt, and has occupied by force the Gaza Strip, all in
breach of the basic Charter undertaking of all members not to
use force to settle international disputes and not to violate
the territorial integrity of another state, and in disregard of
the repeated efforts of the United Nations to bring about
Israel’s withdrawal behind the Armistice line;
[Page 281]
Noting further that Israel, despite the
repeated calls of this General Assembly, continues in possession
of the Sharm-el-Sheikh area on the Straits of Tiran at the
entrance to the Gulf of Aqaba and in possession of the Gaza
Strip;
Noting that the Secretary General’s report
of 24 January 1957 dealing with the Straits of Tiran states that
no claim to belligerent rights should be exercised in the Gulf
of Aqaba and the Straits of Tiran and that upon the withdrawal
of Israeli troops from Sharm-el-Sheikh, the United Nations
Emergency Force would move into the area to function in support
of mutual restraints and that on 22 February this General
Assembly adopted a resolution calling for the implementation of
this report;
Noting further that the General Assembly
in its Resolution of 2 February with reference to the Gaza Strip
called for the placing of the United Nations Emergency Force on
the Armistice demarcation line following the withdrawal of
Israel from the Sharm-el-Sheikh and Gaza areas and that the
Secretary General on 11 February made a further report
indicating that there will be established in the Gaza area, with
the acquiescence of Egypt, a United Nations administration
designed to provide effective and efficient police protection;
guarantee good civilian administration, assure maximum
assistance to the United Nations Refugee Program and protect and
foster the economic development of the territory and its
people;
Renews its call upon Israel promptly to
withdraw behind the Armistice line;
[Declares that failure of Israel to withdraw within ten days from
the passage hereof calls for condemnation by the United Nations
and also in that event;]5
Calls upon all governments, upon such
failure and until Israel withdraws, to withhold assistance to
Israel, and in general to regulate their peaceful intercourse
with Israel as to bring about respect for the Purposes and
Principles of the United Nations Charter and the recommendations
of this General Assembly calling for withdrawal;
Urges the parties concerned to cooperate
with the Secretary General in giving effect, immediately upon
the withdrawal of Israel, to the provisions of its Resolution II
of 2 February 1957 concerning the placing of the United Nations
Emergency Force on the Egyptian-Israeli Armistice demarcation
line and the implementation of other measures proposed in the
Secretary General’s report of 24 January 1957, with a view to
assist in achieving situations conducive to the maintenance of
peaceful conditions in the area;
[Page 282]
Pledges itself, when Israel has withdrawn,
to assist the parties concerned to achieve by peaceful means the
settlement of outstanding disputes between them, in conformity
with the principles of justice and international law;
Requests the Advisory Committee,
established by the General Assembly Resolution of November 7,
1956, to consider and recommend to this General Assembly from
time to time, if need be in special session, the further
measures appropriate to achieve the objectives of this
Resolution.
[Attachment
2]
Memorandum From the Secretary of
State to the President5
Washington, February 26, 1957.
With respect to the Straits of Aqaba Israel has the following:
- 1.
- Assurance that upon its withdrawal the forces of the
United Nations Emergency Force will move in;
- 2.
- That their purpose, among other things, will be to
restrain the exercise there of belligerent rights which
would prevent passage;
- 3.
- The willingness of the principal maritime powers to
declare that they recognize that the Gulf of Aqaba and
the Straits of Tiran are free for passage and that this
freedom will, in fact, be exercised;
- 4.
- Acquiescence by the United States, and presumably
others, in an Israeli declaration that the use of armed
force to prevent passage of Israeli ships would be and
“are an armed attack” within the meaning of Article 51
of the Charter giving rise to the right of
self-defense.
Israel has indicated that it, in fact, finds the foregoing as an
adequate basis for withdrawal.
With respect to Gaza Israel has the following:
- 1.
- Assurance that upon its withdrawal the forces of the
UNEF will move in;
- 2.
- That the function of the United Nations forces will
prevent violation of the Armistice line;
- 3.
- That there will be established, with the acquiescence
of Egypt, a United Nations Administration which for an
undefined period will be designed to provide police
protection, civilian administration, assist in the
United Nations Refugee Program and protect and foster
the economic development of the territory and its
people.
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While it is indicated the duration is indefinite, it can be
assumed that it will be for a considerable time in view of the
fact that one of the accepted purposes is to “foster the
economic development of the territory and its people” which is
not a short-term proposition.
Israel so far finds this unacceptable because it wishes
“guarantees” that Egypt will never return to the Gaza Strip.
However, under the Armistice Agreement Egypt has a right of
occupancy and there is no way in which the United Nations or
Israel can take this right away without Egypt’s consent and
Egypt does not consent, although it acquiesces in the exercise
of administrative functions through a United Nations Commission,
as indicated.
It is submitted that Israel should withdraw on the basis of the
foregoing. It will have a generally accepted right to use force
again if its shipping is forcibly barred from the Gulf of
Aqaba.
As regards Gaza, if Israel withdraws in accordance with the
United Nations Resolutions and thus shows its regard for
international opinion and if the situation subsequently
deteriorates so that the Strip becomes a menace to Israel, then
Israel will have a case for seeking relief by its own action
which is at least as good a case as it can make for remaining in
Gaza in defiance of the repeated appeals of the United
Nations.
Israel will then have given the United Nations program a chance
to work and there is a very good prospect that the program will
work and that there will never be the deterioration which Israel
professes to fear.
The enjoyment of the rights of Israel in Aqaba is dependent on
the solution of the Gaza problem and vice-versa, and both
require the continuance of the 1949 Armistice Agreement.
