Foreign Relations of the United States, 1946, The British Commonwealth, Western and Central Europe, Volume V

501.BC Spain/6–146: Telegram

The Acting United States Representative at the United Nations (Johnson) to the Secretary of State

us urgent

New York, June 1, 1946—5:20 p.m.
[Received June 14:28 p.m.]

266. The report of the Subcommittee on Spain,⁶⁷ totalling with annexes approximately 100 pages, has just been issued. The body of the report, 17 pages, is being sent by courier tonight. A summary will be teletyped later.

The conclusions and recommendations to the Security Council of the Subcommittee follow:

VI. Conclusions and Recommendations to the Security Council

30. The conclusions to which the Subcommittee has come are as follows:

(a) Although the activities of the Franco regime do not at present constitute an existing threat to the peace within the meaning of article 39⁶⁸ of the Charter and therefore the Security Council has no jurisdiction to direct or to authorize enforcement measures under article 40 or 42, nevertheless such activities do constitute a situation which is a potential menace to international peace and security and which therefore is a situation “likely to endanger the maintenance of international peace and security” within the meaning of article 34 of the Charter.

(b) The Security Council is therefore empowered by article 36 (1) to recommend appropriate procedures or methods of adjustment in order to improve the situation mentioned in (a) above.

31. The final question is what action should be recommended by the Subcommittee to the Security Council. After considering carefully what would be effective and appropriate measures to meet the particular case, and having regard to the important powers of the General Assembly under article 10 of the Charter, the Subcommittee recommends as follows:

(a) The endorsement by the Security Council of the principles contained in the declaration by the Governments of the United Kingdom, the United States and France, dated March 4, 1946.

(b) The transmitting by the Security Council to the General Assembly of the evidence and reports of this Subcommittee, together with the recommendation that unless the Franco regime is withdrawn and the other conditions of political freedom set out in the declaration are, in the opinion of the General Assembly, fully satisfied, a resolution be passed by the General Assembly recommending that diplomatic relations with the Franco regime be terminated forthwith by each member of the United Nations.

(c) The taking of appropriate steps by the Secretary General to communicate these recommendations to all members of the United Nations and all others concerned.

32. In the event of the General Assembly being satisfied that all the conditions set out in the declaration of March 4, 1946, have been complied with including the withdrawal of the Franco regime, political amnesty, return of exiled Spaniards, freedom of political assembly and association and free public elections, the Subcommittee suggests that it would be appropriate for the organization to consider favorably an application by a freely-elected Spanish Govt for membership in the United Nations.

Johnson

[The Sub-Committee’s report was placed on the agenda of the Security Council June 6. It received the consideration of the Council at a series of meetings extending through June 18. Mr. Herschel Johnson, the Acting United States Representative, initiated a move for modification of paragraph 31 (b) (see supra) relating to submission by the Security Council to the General Assembly of a recommendation regarding action against the Franco regime. Agreement was reached on revision to be presented to Council, and on June 13, Dr. Evatt, Australian Chairman of the Sub-Committee, submitted Sub-Committee’s recommendations to Security Council for consideration (SC, 1st yr., 1st ser. No. 2, p. 326).

In discussions on June 13, Mr. Johnson stated that his Government was prepared to accept the revised proposal, as it went a long way toward overcoming his objection to danger of the Council’s prejudging the precise course of action which the General Assembly should take. He, however, reserved the position of the United States in the General Assembly, pointing out that in supporting the Sub-Committee’s recommendation, “my Government is not, at this time, undertaking any commitment as to position it will take in General Assembly.” (ibid., p. 328.) Extensive documentation regarding consideration of the Sub-Committee’s report by the Security Council is found in Department of State File 501.BC Spain.

The modified recommendation of the Sub-Committee was put to a vote in the Council on June 18. Nine members voted for adoption. The Netherlands abstained and the Soviet Union voted in opposition. The negative vote of the Soviet Union was ruled a veto, thus preventing adoption (ibid., pp. 378 and 379). The matter was not dropped, however, and on June 24 the original Polish resolution calling for a break of diplomatic relations with Spain was re-introduced, but it was defeated by vote of 7 to 4 (ibid., p. 388). The Polish representative in the face of the defeat, however, insisted that the Council remain seized of the Spanish question, and after a long period of discussion a Soviet-sponsored resolution to this effect was adopted on June 26 (ibid., pp. 441 and 442).

Unpublished papers on the entire Security Council phase of the Spanish question, April-June, 1946, may be found in the central indexed files of the Department of State in series 501.BC (the Security Council file).]

67. See United Nations, Official Records of the Security Council, 1st year, 2nd series, Special Supplement, Report of the Sub-Committee on the Spanish Question.
68. Article 39 stipulates that the Security Council “shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with articles 41 and 42, to maintain or restore international peace and security.” Under article 40 the Security Council is authorized to call upon parties concerned to comply with such provisional measures as it may propose to prevent an aggravation of a situation, and under article 42, should it decide that measures not involving armed force are inadequate to effect the Council’s decision, it can take whatever military action by air, sea, or land it deems necessary to maintain or restore peace and security.