Foreign Relations of the United States, 1961–1963, Volume XXV, Organization of Foreign Policy; Information Policy; United Nations; Scientific Matters

215. Circular Telegram From the Department of State to Certain Posts¹

Washington, August 10, 1962, 7:14 p.m.

227. Subject: Acceptance by 17th UNGA of ICJ Advisory Opinion on UN Expenses. Embassy should approach FonOff at highest appropriate level with objective of assuring its support of acceptance by 17th UNGA of ICJ Advisory Opinion on Certain Expenses of the UN. The following points may be useful in your presentation.

1. ICJ Advisory Opinion of 20 July authoritatively resolves in the affirmative legal question of whether UN assessments for Congo and UNEF are “expenses of the Organization” within the meaning of Article 17(2) of the Charter. Consequence is that all Members are legally bound to pay outstanding UNEF and ONUC assessments. ICJ decision by vote 9–5. Two of dissents were not on substance decision, but on ability of Court to deal with question; accordingly, decision actually 9–3 with 2 “abstentions.”

2. While there have been differences of view among some UN Members on binding character of UNEF and ONUC assessments, USG trusts addressee Govt unites with it in adherence to rule of law in world affairs and importance of strengthening role of law in UN.

3. Just as in a contentious case, so in advisory opinion ICJ has declared the law. As report of 6th Committee UNGA noted, “the authoritative nature of the advisory opinion should be taken for granted” (A/1101, p. 200).

4. UNGA has unfailingly accepted or acted upon all past advisory opinions (nine). 17th UNGA inevitably will be confronted with question of action in respect to Expenses opinion, which already appears as item on provisional agenda. USG assumes 17th UNGA will accept Expenses opinion, by resolution noting or approving it. USG attaches highest importance to such acceptance. While it trusts opinion will be accepted as matter of course, USG prepared if necessary to exert its most earnest efforts to insure acceptance. Failure to accept Court’s opinion would gravely damage prestige and potential of international law, standing of ICJ, integrity of UN, and responsibility of UN membership.

5. Accordingly, USG hopes addressee Govt will support acceptance of Expenses opinion by 17th UNGA, and would appreciate assurance to that effect.

6. Action by UNGA in accordance with Expenses opinion has great importance for US public opinion. President and Dept have publicly committed USG to acceptance and enforcement by UN of Expenses opinion.

7. FYI. In connection with enforcement, US Congress and public much concerned with large amount arrears on Congo and UNEF accounts. Prompt payment of all or part of arrears would have significant and immediate effect on reversing growing dissatisfaction here with UN Members considered by Congressional and public opinion to be “financially irresponsible.” This would also facilitate US purchase $100 million bonds from UN. End FYI.

For all addressee posts except Addis Ababa, Abidjan, Ankara, Athens, Bangkok, Bangui, Brussels, Canberra, Caracas, Colombo, Copenhagen, Dakar, Dublin, Hague, Helsinki, Karachi, Kuala Lumpur, Lagos, Leopoldville, Libreville, Lome, London, Luxembourg, Manila, Monrovia, New Delhi, Nicosia, Oslo, Ottawa, Phnom Penh, Quito, Rangoon, Reykjavik, Stockholm, Tokyo, Tunis, Wellington, Yaounde:

If opportunity arises and in your judgment raising question will not prejudice objective of securing support for acceptance of Court’s opinion, you may suggest that some prompt payment on addressee Govt’s arrears would be highly desirable.

For Athens, Brussels, Caracas and Manila:

Seek opportunity to state that payment by addressee Govt of its arrears now would mitigate UN financial crisis and, in view of its influential position in UN, assist effort of SYG to collect other arrears, facilitate US purchase of UN bonds, and constitute important and concrete support of ICJ opinion. To maximize effect on other Members thereby promoting fiscal responsibility so urgently needed if UN is to survive as important force for world order, public announcement by Govt that payment is being made in response to Court opinion highly desirable. Announcement might state that Court has “settled any question of mandatory character of expenses” for UNEF and Congo which is occasion for Govt making these payments.

For Addis Ababa and Lome:

Seek opportunity to state, if in your judgment raising question not prejudicial to US interests, that payment by addressee Govt of its arrears now would, in view of its influential position, assist effort of SYG to collect other arrears, mitigate UN financial crisis, facilitate US purchase of UN bonds, and constitute important and concrete support of ICJ opinion. To maximize effect on other members thereby promoting fiscal responsibility so urgently needed if UN is to survive as important force for world order, public announcement by Govt that payment is being made in response to Court opinion highly desirable. Announcement might state that Court has “settled any question of mandatory character of expenses” for UNEF and Congo which is occasion for Govt making these payments.

8. For La Paz, Guatemala and Asuncion: Foregoing should be correlated with Embassy’s action pursuant to Depttel sent to La Paz 60, Guatemala 15 and Asuncion 20.²

9. For WE posts and Canberra, Ottawa and Wellington: Stavropoulos (UN Legal Under Secretary) and Dept for tactical reasons disposed to seek allocation of item on ICJ opinion directly to Plenary rather than Fifth Committee or other GA Committee. Inquire view FonOff.

10. Report reactions, rpt info USUN.

11. For French Speaking Posts: French text this cable follows.³

Rusk

1. Source: National Archives and Records Administration, RG 59, Central Files 1960–63, 320/8–1062. Confidential. Drafted by Stephen M. Schwebel on August 7; cleared by George N. Monsma, Jesse MacKnight, Richard Friedman, James M. Ludlow, Wilbur H. Ziehl, William B. Buffum, Louise McNutt, and Abram Chayes; and approved by Schwebel. Sent to all posts except those in the Soviet bloc, Paris, Cairo, and Mexico City.
2. This telegram, dated July 23, advised these Embassies that, according to the ICJ advisory opinion of July 20, assessments levied for UNEF and UNOC were “expenses of the Organization” within the meaning of Article 17 of the UN Charter, and should be counted toward a country’s arrears under Article 19. (Ibid., 312/7–2362)
3. Not found.