There is attached a memorandum regarding the effect which the Charter of
the United Nations8 may have upon United States policy with
respect to Palestine. The memorandum points out that the United States
Government will find itself obligated to adopt a definite policy towards
the future status of Palestine.
If you concur, we would suggest, contingent, of course, upon whatever
decisions or agreements may be made at Potsdam that as soon as the
Potsdam results are known, we ask Ray Hare in London to:
In the meanwhile, we understand that you would like to discuss with us
the four basic policy documents on Palestine,9 which you have. We would be glad to do so at your
earliest convenience.
[Annex]
Memorandum by Mr. William Yale of the Division of
Near Eastern Affairs
Although none of the basic factors of the Palestine problem have been
changed by the Charter of the United Nations, Chapters XI, XII, and
XIII of the Charter will have a direct bearing upon United States
policy with regard to the future status of Palestine.
By article 77 of Chapter XII, Palestine falls within those categories
of territories which may be placed under the trusteeship system.
There is nothing, however, in the charter which makes it obligatory
upon Great Britain to place Palestine under the trusteeship
system.
It is clear, nonetheless, that should Great Britain be unwilling to
place Palestine under trusteeship, the British Government cannot
continue to administer Palestine under a mandate from the League of
Nations, which will cease to exist after the United Nations comes
into existence on the ratification of the Charter. It is therefore
inevitable that the status of Palestine will be changed. The
liquidation of the League of Nations and, with it, that of the
League mandatory system will not give Great Britain a free hand in
disposing of Palestine. The British Government cannot change the
existing rights of the United States in Palestine as defined by the
treaty of December 3, 1924,10 without
the assent of the United States. Furthermore, both Great Britain and
the United States have given assurance to several of the independent
Arab States that no decision regarding basic changes should be made
in the status of Palestine without prior consultation with both
Arabs and Jews.
Therefore, the United States Government may find itself obliged to
adopt a definite policy with regard to the future status of
Palastine. The British Colonial Office may, with the support of
various political groups, propose to include Palestine within the
British Commonwealth and Empire under some special status. Although
there have been suggestions made to this effect, it seems unlikely
that the British Government, confronted by the probable opposition
of the Soviet Union and the Arab States to the inclusion of
Palestine within the British Empire, would advocate seriously such a
status for Palestine. It would appear more likely that Great Britain
will propose the placing of Palestine under the trusteeship system,
especially so if the United States favored placing of Palestine
under trusteeship and agreed to the appointment of Great Britain as
the administering authority.
In case the British Government should favor placing Palestine under
trusteeship, the British would, under article 79 of the United
Nations Charter, be in a position to insist that the terms of
trusteeship [Page 719] be acceptable
to the British Governments. The United States, however, as one of
the states directly concerned with the future status of Palestine
would, by article 79 of the Charter, be called upon to agree to the
terms of trusteeship. Indirectly as a member of the United Nations
and directly as a member of the Trusteeship Council, the United
States will assume serious responsibilities for the future of
Palestine as a trust territory. It would therefore be incumbent upon
the United States Government to formulate a policy with respect to
Palestine as a trust territory and to make certain in the drafting
of the terms of trusteeship for Palestine that our interests are
protected.
In view of the foregoing, it would seem advisable, at an early
opportunity, to ask the British Government whether it wishes to
place Palestine under trusteeship, and if so, under what type of
trusteeship. After receiving this information, it would then seem
desirable to state to the British our readiness to take part in
discussions, on a technical level, with respect to the terms of a
trusteeship agreement for Palestine, whenever the British so
desire.
