Foreign Relations of the United States, 1946, General; the United Nations, Volume I

Department of State Atomic Energy Files

Position Paper Prepared in the Division of International Security Affairs⁵¹

Washington, September 11, 1946.

statement of the problem

If the question arises in the forthcoming General Assembly session as to whether the General Assembly should ask for a report on the work of the Atomic Energy Commission, what position should the United States take?

recommendations

1. The United States should not take the initiative to request a report on the Atomic Energy Commission.

2. If another member of the General Assembly proposes that a report be requested on the Atomic Energy Commission, the United States Delegation might attempt to discourage the move informally but if there is substantial support for such a request he should not formally oppose it.

3. If a report is requested, the United States Delegation should take the position that it would be preferable that the Security Council be asked to request a report from the Atomic Energy Commission for the information of the General Assembly.

The United States Delegation should give the following reasons for the above positions:

A report from the Atomic Energy Commission at this time would be preliminary and inconclusive and of little value to the General Assembly.

Since the General Assembly by its own Resolution of January 24, 1946, has obligated the Security Council to forward reports when appropriate, it is to be expected that the General Assembly will receive a report from the Security Council on the Atomic Energy Commission after the Commission has had more time to consider the problem. However, in line with the policy of this Government not to oppose discussion of questions it will not oppose any move to request a report if there is a substantial desire on the part of the members to request a report.

If a request for a report is initiated, it should be communicated preferably to the Security Council and not directly to the Atomic Energy Commission, in order that the Security Council, which is responsible for directing the security aspects of the Commission’s work in accordance with the General Assembly Resolution, could establish guidance in terms of security directions for the preparation of the report.

discussion

1. Can the General Assembly request a report on the Atomic Energy Commission?

Article 15 of the Charter states, “The General Assembly shall receive and consider annual and special reports from the Security Council; these reports shall include an account of the measures that the Security Council has decided upon or taken to maintain international peace and security”. Article 24, paragraph 3 states, “The Security Council shall submit annual and, when necessary, special reports to the General Assembly for its consideration”. It is clear from the above Charter provisions that the Security Council has an obligation to make reports and the General Assembly has a right to receive reports.

The General Assembly, however, by its own resolution of January 24, 1946 established the procedure for the transmission of atomic energy reports to the General Assembly. “The Commission shall submit the reports and recommendations to the Security Council, and such reports and recommendations shall be made public unless the Security Council, in the interest of peace and security otherwise directs. In the appropriate cases the Security Council shall transmit these reports to the General Assembly and the members of the United Nations …”.

The General Assembly, therefore, will receive reports on the Atomic Energy Commission in appropriate cases from the Security Council. However, there appears to be no restriction on the General Assembly assuming the initiative to request the Security Council for a report on the Atomic Energy Commission. The General Assembly has a right to receive reports from the Security Council. The General Assembly established the Atomic Energy Commission and could modify its terms of reference, although as a political actuality this would be extremely difficult without general concurrence and backing of the permanent members of the Security Council. Finally, there is no evidence that the Charter silence on the question as to whether the General Assembly can take the initiative and ask for a report establishes a prohibition on the General Assembly action.

There is also no specific provision which would bar the General Assembly from requesting the Atomic Energy Commission directly for a report. However, inasmuch as the Security Council is responsible for directing the Commission on certain aspects of its work in accordance with the General Assembly Resolution of January 24, 1946, which states, “In view of the Security Council’s primary responsibility under the Charter of the United Nations for the maintenance of international peace and security the Security Council shall issue directions to the Commission in matters affecting security”, and inasmuch as the reports from the Commission must be cleared by the Security Council, it would seem preferable that the request for a report should be communicated to the Security Council for transmittal to the Atomic Energy Commission. This would allow the Security Council to send security directions, if considered necessary, to the Commission in order to provide guidance for preparing the report. The substance of the report and its time of transmittal might be affected, however, by questions of international peace and security which the Security Council alone can decide.

Conclusion: The General Assembly, therefore, has a right to request a report on the Atomic Energy Commission, and it would appear preferable that the Security Council be asked to request a report from the Atomic Energy Commission for the information of the General Assembly.

2. Should the General Assembly request a report on the Atomic Energy Commission this year?

The Atomic Energy Commission has been organized less than four months. In that time concrete but general proposals have been placed before the Commission. These proposals have been discussed but not in conclusive detail. It would not appear fruitful to the General Assembly nor judicious at this time to open up the discussion of these general proposals in the General Assembly through the vehicle of a report from the Commission. There would be the danger that the special problem of atomic energy control would be closely associated with the political lines drawn in the Assembly on general international problems. The development of such a situation at this preliminary stage might decrease the chances of resolving the problems before the Atomic Energy Commission.

The General Assembly itself has recognized the special nature of the atomic energy problem. That special nature is being examined at the present time in the Atomic Energy Commission by scientists as well as representatives on the Commission. Until the Commission has had more time to examine the problem and discuss the proposals in detail a report would be inconclusive.

Conclusion: It would be inadvisable to have a report from the Commission at this time because such a report would be preliminary and inconclusive and, therefore, of little value to the General Assembly. Also a discussion on the report at this time might intensify problems rather than assist in their solution in the Atomic Energy Commission.

51. This paper was transmitted by the Chief of the Division (Johnson) to Lincoln Gordon at the Delegation to the Atomic Energy Commission on September 11. Mr. Gordon replied in a letter of September 20 that it was entirely satisfactory to the Delegation. (Department of State Atomic Energy Files)