376. Telegram From the Mission at the United Nations to the Department of State1

395. Re Palestine in SC—ourtels no. 3932 and 394,3 October 31.

Following is draft text of letter which Hammarskjold would send to Egyptian and Israeli reps for transmission to their governments. He has given this to us so that our comments can be directed to the precise wording of the letter, rather than to the “Program of Action” contained ourtel 394:

“The situation which has developed in the El Auja Demilitarized Zone and nearby as a result of successive violations by both parties of the provisions of Art VIII of the Egyptian-Israeli General Armistice Agreement puts the parties concerned and the UN under the obligation to cooperate in order to eliminate without delay the direct causes for the increase in tension.

Present tensions and the risk of further serious incidents in the area will be reduced if immediate effect is given to the following three points:

(1)
Completion of the marking of the old Egyptian-Palestine frontier along the western boundary of the Demilitarized Zone;
(2)
Withdrawal by Egypt of all checkposts and defended posts, comprising personnel, obstacles and mines, from all positions within the Demilitarized Zone;
(3)
Simultaneous withdrawal by Israel of all personnel in excess of the inhabitants of Kubbutz Ksiot and the thirty civilian police allowed for the protection of civilian activities, and the removal of all obstacles and mines.

The marking should be done by the UNTSO alone. The purpose of this marking is to define a clear line of separation between the personnel under the control of one party and those under the control of the other. Such marking, or the way in which it is undertaken, in no way affects the rights of the parties under para 3 of Art IV4 and [Page 691] para 2 of Art V5 of the Egyptian-Israeli General Armistice Agreement.

In order that these proposals may be implemented and to ensure against further breaches of the General Armistice Agreement, both parties should give specific assurances that UN military observers will have full freedom of movement and observation.

In the absence of General Burns, who is en route to Palestine, I have the honor to transmit the proposals to the Govt of Israel (Egypt) on his behalf as well as on my own.

General Burns, or his rep at the TSO Hqs at Jerusalem, would be glad to receive at the earliest possible moment the agreement of your govt to the measures proposed. Upon receipt of the assent of both parties, immediate arrangements will be made for their timing and execution.”

Lodge
  1. Source: Department of State, Central Files, 674.84A/11–155. Confidential; Priority. Received at 8:49 p.m.
  2. Document 374.
  3. Not printed. (Department of State, Central Files, 674.84A/10–3155)
  4. Article 4(3) of the Egypt–Israel General Armistice Agreement (U.N. doc.S/1264/–Corr. 1 and Add. 1) stated that the Armistice Agreement was only a military document, that its provisions were valid only for the duration of the armistice, and the the purpose of its provisions was not to establish, to strengthen, to weaken, or to nullify, in any way, any territorial, custodial, or other rights, claims, or interests of either Egypt or Israel in the area of Palestine.
  5. Article 5(2) of the Egypt–Israel General Armistice Agreement (ibid.) asserted that the Armistice Demarcation Line was not to be construed to be a political or territorial boundary, nor was it to prejudice the rights, claims, and positions of either Egypt or Israel in any final settlement of the Palestine question.