Foreign Relations of the United States, 1947, The Far East, Volume VI

501.BC/8–1647: Telegram

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

restricted
us urgent

Washington, August 16, 1947—1 p.m.

356. If Netherlands should request ICJ consideration problem of SC jurisdiction in Indonesian question, Dept views are as follows:

1. US believes SC should not hesitate to refer to ICJ questions on which SC desires advisory opinions. Subject to considerations set forth below, US will support SC’s asking advisory opinion of ICJ re SC’s jurisdiction in Indonesian question, assuming, of course, text of resolution requesting opinion is satisfactory. However, US considers principle important that SC remain free, while ICJ is deliberating, to take such further action in conformity with Charter as SC may determine necessary to maintain international peace.

2. Presumably consideration of Australian resolution and amendments suggested in Deptel 347 of August 13 will precede consideration of question of reference to ICJ. Any attempt to change order of SC consideration these two questions would imply attempt to divert or preclude consideration of Australian proposal. Therefore, in Dept’s view, US should not support such attempt.

3. Obviously terms of reference to ICJ must be precise. Therefore, Dept considers that you should take position that vote on resolution to refer matter to ICJ should not be taken until SC members have had full opportunity to study draft resolution.

Lovett