501.BC Greece/7–3047: Telegram
The Secretary of State to the Acting United States Representative at the United Nations (Johnson)
u.s. urgent
niact
333. For Herschel Johnson from Rusk. On basis conversations between you and Dept officers Wednesday Dept suggests that following points might be covered by you in statements to SC at appropriate times upon resumption of Greek case:
1. Nature of Greek Complaint
Original Greek complaint of December 3, 1946 alleged that Albania, Bulgaria and Yugoslavia were supporting guerrillas fighting against Greek Govt by training them and supplying them with arms, equipment and bases from which to conduct their attacks. On basis of these allegations before SC and in conformity with fundamental principle of sound procedures, SC established commission to find the facts before it decided what action should be taken.
2. Nature of Facts Developed by Commission and Subsidiary Group
The commission of investigation after four months of intensive work submitted complete and well-documented report. Conclusions supported by eight of eleven commission members were fully substantiated by facts. (Refer to Austin statement, June 27.)1
Pursuant to SC resolution establishing commission and based on facts disclosed by its investigation, commission made proposals to SC, [Page 876] substance of which were incorporated in US resolution under Chapter VI of Charter defeated by Soviet veto. Commission regarded situation as sufficiently serious to include among its proposals recommendation that if future support were given guerrillas in area SC should regard it as threat to peace within meaning Chapter VII. Since Commission left Greece on March 22, 1947, subgroup has uncovered facts which show convincingly that aid to guerrillas has not stopped. Indeed, most recent investigations of Subgroup indicate that in area of Yaninna, Konitza and Beles–Prokhoma dimensions of assistance have increased. (See Howard memorandum “current incidents on Northern Greek frontier” July 282).
It is a well established doctrine international law, incorporated in Havana Convention of 1928 and the various treaties of 1933 between the Soviet Union and several European states, that aid given by a country to armed bands formed on its territory and dispatched across a frontier with a view to overthrowing the government of the second state is an act of aggression or threat to the peace. Surely under UN Charter similar action brings into play provisions of Chapter VII.
3. Defiance of Subgroup
US believes that contumacy of Albania, Bulgaria and Yugo and their express refusal to permit subgroup to make investigations within their territory even after a prima facie case of their assistance to the guerrillas was established by subgroup was clear violation of Charter in case of Yugo and, in case of Albania and Bulgaria, of express assumption of obligations of pacific settlement by them to SC last December. Defiance of subgroup by these countries in utter contradiction of their claims that they are cooperating in effort to find peaceful solution, and evidence reckless disregard of purposes and principles of UN Charter. (See Harry Howard memo “Defiance of SC by [sic] Subgroup by Albania, Bulgaria and Yugo” July 30, 19472)
4. Failure of SC to Reach Solution
Report of commission of investigation disclosed facts which would from the outset have warranted action by SC under Chapter VII. Despite this and in effort to give full effect to those provisions of Charter providing for the pacific settlement of disputes, majority of SC sought decision under Chapter VI of Charter in spirit of conciliation and without prior determination of guilt or responsibility on the part of any of the four nations involved. This effort on the part of nine members of the SC has been frustrated by Soviet veto. That veto does not however remove obligations of members of UN nor does it prevent [Page 877] them from supporting to fullest extent purposes and principles of Charter. (See Austin statement GA during Fall 1946 meetings).
5. Necessity for SC Action
SC has been faced with case which requires affirmative action on its part in order to protect territorial integrity and political independence of Greece and to halt injuries which Greece has so long suffered. Evidence supporting existence of threat to peace along northern frontiers of Greece has been accumulating before SC for more than six months. It is essential that SC in discharge of its responsibility take appropriate action. In event that SC fails to take action necessary under the circumstances, US believes that matter will have to be considered by all the members of the UN at the next GA session. [Rusk.]