Foreign Relations of the United States: Diplomatic Papers, 1945, General: The United Nations, Volume I

500.CC(PC)/8–1545: Telegram

The Secretary of State to the Ambassador in the United Kingdom (Winant)²

Washington, August 15, 1945—6 p.m.

6927. Preco³ 30. Apart from question of officers of the Executive Committee (ExCom) of the United Nations Preparatory Commission (PreCo) (in Deptel 6914 August 14⁴), following is for your guidance in participating in major policy decisions of ExCom involving scope and order of its work:

1. It should be your consistent policy that in adopting rules of procedure, organization, etc., the organization and procedures of ExCom are not to be regarded in any way as a model for the Security Council. On the other hand, you should maintain the attitude in any preparations for the next meeting of PreCo that its organization and procedures should be similar to the General Assembly. ExCom procedures should be kept extremely flexible, avoiding, if possible, formalized or detailed rules of procedure and voting, relying instead upon negotiation and “no objection” method of agreement.

2. Since information now available on basis of special survey indicates sufficient ratifications may be available by mid-October to bring Charter⁵ into force, it should be your general attitude that primary emphasis of ExCom activities should focus around the minimum number of tasks necessary to bring the United Nations Organization (UNO) into being. From a practical standpoint this means that ExCom attention should be centered on the organizational steps and procedures, including committee structure, necessary for the General Assembly (GA) to establish itself as an operating organ and to elect non-permanent members of the Security Council (SC) members of the Economic and Social Council (EcoSoC) and elective members of the Trusteeship Council (TrustCo); for the SC so to organize itself as to be able during the first meeting of the GA to recommend a Secretary-General (SyG) for appointment by the GA and to make possible the election of judges of the International Court of Justice (ICJ). Emphasis on trusteeship matters should be placed on role of GA and SO and their relations with TrustCo rather than on agenda of TrustCo. Consideration of trusteeship matters in ExCom should be limited to procedures re approval of trusteeship agreements, examination of annual reports, petitions, periodic visits, and questionnaire as basis for annual reports. ExCom could also usefully examine question of temporary committee of GA to receive reports from mandate states following liquidation of Permanent Mandates Commission and pending ultimate disposition of mandated territories (separate telegram covering latter point being sent).

3. In view of key importance of the General Secretariat (Secyt) to successful organization and initial functioning of principal organs of UNO, recommendations concerning arrangements for Secyt should be quite detailed and carefully worked out so that its organization and mobilization of staff can proceed rapidly once the SyG is appointed.

4. Certain questions which fall within the scope of ExCom activities should not, in our view, be the subject of formal ExCom action until common agreement on them has been reached among the representatives of the United States, Great Britain, Soviet Union, China and France. These questions include the following: location of the headquarters of UNO; proposals for the person to be SyG; questions as to the admission of new members; and the relationship of particular specialized organizations and agencies such as ILO⁶ to UNO. On some of these questions, unanimity of the permanent members of the SC is necessary under the Charter; on others such unanimity, while not mandatory, is highly desirable. Stettinius will be prepared to discuss these matters with British, Soviet, Chinese and French representatives on ExCom. Meanwhile, please inform them of the foregoing for their information and request their cooperation in keeping these questions off ExCom agenda at this stage. Please also inform those representatives that we feel further that questions of organization of Military Staff Committee and of military agreements under Article 43 should await the organization of the SC; that questions of specific countries to be chosen for non-permanent seats on SC and for seats on EcoSoC should be postponed until further developments; that questions of territories to be placed under trusteeship should not be discussed in ExCom and that question of trusteeship agreements should be discussed only with regard to procedures for approval.

5. While ExCom has authority to prepare recommendations relating to all matters on the agenda of the principal organs of UNO, it should be your attitude that only those matters of an organizational character on the agenda should be dealt with by ExCom, leaving to the first session of PreCo the question as to which political or substantive matters should, in the light of conditions at that time, be recommended for these agenda, with the exception that we do consider that the substantive agenda of EcoSoC and such action as the assembly may wish to take with respect to such agenda should be an early project of ExCom.

6. ExCom recommendations for rules of procedure for SC should not be all inclusive but should cover only those points necessary for the SC to decide in order that it can establish and organize itself and develop its own rules of procedure. Therefore, these rules of procedure should not become the subject of debate in ExCom and you should insist firmly on this view. Moreover, it is now believed that neither ExCom nor PreCo should make detailed recommendations regarding organization or agenda of SC. Not only would this tend to restrict in fact freedom of action of SC once organized, but SC will be in continuous session and therefore capable of establishing its own agenda after its first meeting.

7. We wish to avoid participating in decisions as opposed to discussions, among representatives of League of Nations members on ExCom as to the manner in which League affairs should be liquidated. We must, of course, take full part in ExCom consideration of the manner in which League activities, assets, etc. will be taken over by UNO.

8. The proposed organization of ExCom into eight sub-committees (your 7519, July 26, 11 AM⁷) appears satisfactory with the qualification as to primary emphasis of ExCom attention as stated in paragraphs 2, 3, 4 and 5 above. We may send you later our suggestions as to topics which should be given priority in the discussions of these sub-committees. We repeat our recommendation, however, for a separate sub-committee on ICJ, unless other arrangements are being made for handling the problems involved in ensuring prompt establishment of the Court.

9. In view of the large number of problems that will be under ExCom consideration, more detailed instructions regarding this Government’s policy on the various points to be discussed will not be forwarded at this time. Please report on such points as rapidly as ExCom is organized and inform us of the specific problems which will, in the near future, require policy decisions.⁸

10. This telegram is being repeated to AmEmbassies Moscow (as No. 1839), Paris (as No. 3861) and Chungking (as No. 1263) for their information and for reports of developments or reactions coming to their attention which they should repeat directly to London for U.S. representative on PreCo.

Byrnes

2. Addressed also to Benjamin O. Gerig, Principal Adviser to the United States Representative on the Preparatory Commission (Stettinius) and Alternate United States Representative. Mr. Stettinius, who was still in Washington, was represented at the first meeting of the Executive Committee on August 16 by Ambassador Winant; subsequently Mr. Gerig sat for Mr. Stettinius at working sessions until the latter’s arrival on September 1.
3. Preco and Copre were the code names for the series of telegrams received by the United States delegation to the Preparatory Commission, and sent by the delegation, respectively.
4. Not printed. The question of the chairmanship of the Executive Committee was decided at the second meeting of the Committee on August 17, with acceptance of the principle of rotation among the Five Powers. It was also agreed at the August 17 meeting that the chairmanship would change after every fortnight. Mr. V. K. Wellington Koo, Chinese Representative on the Preparatory Commission, Was elected the first Chairman.
5. Charter of the United Nations and Statute of the International Court of Justice, signed at San Francisco, June 26, 1945; for text, see 59 Stat. (pt. 2) 1031, or Department of State Treaty Series No. 993.
6. International Labor Organization.
7. Not printed. The number of sub-committees was later changed to ten.
8. No attempt has been made here to develop a detailed documentation on the many issues described herein, of importance in their technical aspect to the fulfillment of the organizing task of the Preparatory Commission and on which the United States necessarily had to adopt a position.