Foreign Relations of the United States, 1955–1957, Arab-Israeli Dispute, 1957, Volume XVII

359. Telegram From the Department of State to the Mission at the United Nations¹

Washington, August 3, 1957—1:40 p.m.

89. USUN 89² and 104.³ At earliest convenience advise Hammarskjold of Department’s reaction to Egyptian acceptance of compulsory jurisdiction of ICJ for “all legal disputes” arising under para 9(b) of Egyptian Declaration of April 24:⁴ as SYG knows US has always regarded para 9(b) of Declaration as inadequate since it is limited to disputes between parties to 1888 Convention whereas that Convention created legal right of free and unrestricted passage of Canal for shipping of all nations. Egyptian acceptance ICJ jurisdiction is not even as broad in scope as para 9(b) since it is based on “condition of reciprocity.” By conditioning its acceptance ICJ jurisdiction on reciprocity Egypt has in effect limited its acceptance to disputes with only two countries: Of the ten parties to the 1888 Convention Germany is not a party to Statute ICJ; Austria, Hungary, Italy, Spain and USSR have not filed declarations accepting compulsory jurisdiction of ICJ; acceptance ICJ jurisdiction by Britain and France are subject to sweeping exceptions of which Egypt could take advantage and deprive ICJ of jurisdiction; only Netherlands and Turkish acceptances are relatively unqualified. Such an acceptance is even more limited than scope para 9(b) and indicates Egyptian unwillingness to have impartial juridical settlement of all disputes arising under 1888 Convention.

Moreover, Egyptian acceptance limited to disputes arising after April 24, 1957 rather than after date of nationalization, thereby excluding from ICJ’s jurisdiction any issues concerning validity nationalization as it relates to Egypt’s obligations under 1888 Convention.

Foregoing is for purpose of informing SYG of US views and guiding Mission in discussing subject with other Delegations should they raise matter. Emb London may also use information in discussing matter in SCUA should subject be raised by others.

Herter

1. Source: Department of State, Central Files, 974.7301/7–2357. Limited Official Use. Drafted by Ford; cleared by Shaw, Stabler, and Cargo; and approved by Ware. Repeated to Cairo and London.
2. In telegram 89, July 22, the Mission conveyed Hammarskjöld’s report that the Egyptians had finalized the terms of acceptance of ICJ jurisdiction. (Ibid., 974.7301/7–2257)
3. Telegram 104 from USUN, July 23, conveyed the texts of a letter dated July 18 from Fawzi to Hammarskjöld and the enclosed Egyptian acceptance of ICJ jurisdiction. (Ibid., 974.7301/7–2357) Fawzi’s letter and its attachment were circulated as U.N. doc. S/3818/Add.l. (Same as A/3576/Add.l)
4. See footnote 5, Document 300.