Foreign Relations of the United States, 1946, The Near East and Africa, Volume VII

501.BC/12–1346: Telegram

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

restricted

Washington, December 13, 1946—7 p.m.

320. For Herschel Johnson.

1. In view of the resolution adopted by SC on Dec 10⁶⁴ it seems likely that question will be raised again as to whether Albania and Bulgaria should be invited to participate without vote in SC discussion. Dept thinks it would be inadvisable for SC to conclude that it is a necessary prerequisite to a Council invitation to participate that SC make a formal determination that a dispute exists between Greece on one hand and Albania and Bulgaria on the other.

2. The reasons for this position which Dept has consistently taken (see NY Tel 27, 180, 194⁶⁵) are: First, that although Dept would prefer to broaden meaning of word dispute to include situation tantamount to a dispute and thus use Art 32 as basis for invitation, whether or not the invitation is made under Art 32 the SC under its general powers has authority to invite non-members to participate in order to assist SC proceedings. Secondly, to hold otherwise might constitute an unfortunate precedent with respect to the application of Charter injunction on abstention from voting under Article 27. Thirdly, it might vitiate the proposition that an invitation by the Council to a member or non-member of UN to participate under Art 32 is governed by procedural vote because a strong argument might be made that the question whether a case technically constitutes a situation or a dispute would be governed by a substantive vote.

3. It is suggested that if following informal consultation with the other members of the Council you obtain support for such a course you make a statement along the following lines after the Council has heard the statements to be made by the representatives of Greece, Yugoslavia, Albania and Bulgaria.

In the light of the statements of the four governments it seems clear that the circumstances before the Council whether or not technically labeled a dispute or a situation are of a nature tantamount to a dispute thus making it appropriate for the Council to invite them to participate without vote in the discussion relating to the case. The principle set forth in Article 32 of the Charter is clear. Namely, that when non-members of the UN are directly involved in a case before the Council equity and sound practice require that they be invited to participate without vote in the Council discussion. Whether or not the invitation is issued under Article 32 it is clear that the Council has general authority to invite non-members of UN to participate in its proceedings in order to assist its work. At the same time as Albania and Bulgaria are not members of the United Nations it would be appropriate for the Council in accordance with the spirit of Article 32 of the Charter to lay down such conditions as it deems just for their participation. One such condition could appropriately be that they accept in advance for the purposes of the case the obligations of pacific settlement provided in the Charter.

Accordingly, it is proposed that without a determination as to whether a technical dispute exists the Council adopt a resolution inviting Albania and Bulgaria to participate without vote in the discussion relating to the case provided that they accept in advance for the purposes of the case the obligations of pacific settlement provided in the present Charter.

4. We do not of course wish to provoke a protracted discussion in the SC on this question. However from US point of view it is believed that it would be helpful to SC consideration of the case to have Albania and Bulgaria participate on same basis as Yugoslavia.

5. If Albania and Bulgaria are unwilling to accept the condition that they accept obligations of pacific settlement, it is Dept’s view that invitation to participate should not be extended.

6. It is recognized that the provisional rules of procedure of the SC, particularly Rules 37 and 38, do not cover invitations to non-members of UN or their right to submit proposals and draft resolutions. Rules on this subject were deferred by Committee of Experts. See S/57⁶⁶ page 4. Even without such rule it is clearly within authority of Council to invite non-members and we believe they should be permitted to submit proposals and draft resolutions in accordance with principle of Rule 38.

Acheson

64. For text, see SC, 1st yr., 2nd series, No. 24, p. 558. Under the terms of the Netherlands resolution, the representatives of Greece and Yugoslavia were invited to participate in the discussion without vote and those of Albania and Bulgaria were invited to enable the Security Council to hear any declarations they wished to make. The resolution also provided that should the Council find at a later stage that the matter under consideration was a dispute, the representatives of Albania and Bulgaria would be invited to participate in the discussion without vote. The United States position was set forth by Herschel V. Johnson, who was at this time President of the Security Council; see ibid., pp. 530–559, passim.
65. Dated April 3, September 5, and September 14, respectively; none printed.
66. For text of this Security Council document entitled “Report of the Chairman of the Committee of Experts on the Work of the Committee”, dated May 13, 1946, see SC, 1st yr., 1st series, Suppl. No. 2, p. 20.