710 Consultation 4/8–2647: Telegram

The Chairman of the United States Delegation ( Marshall ) to the Acting Secretary of State

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76. Conference summary 7. Following are essential points preamble and first two articles tentatively approved Subcommittee Committee I:

“High Contracting Parties, representing their peoples, inspired by desire consolidating and strengthening their relations of friendship and good neighborliness, and considering that Resolution VIII Mexico City recommended conclusion treaty prevent repel threats or acts aggression against any of countries America;

That parties reaffirm existence of regional arrangement or agency defined in Act Chapultepec, contemplated in” Charter and compatible with purposes and principles of Charter for dealing with such matters relating to maintenance international peace and security appropriate for regional action;

That parties reaffirm adherence fundamental principles inter-American solidarity and cooperation, and especially those enumerated in whereases and declarations Act Chapultepec, all of which should be understood as accepted as standards mutual relations and juridical basis inter-American system;

That American states propose conclude treaty concerning peace system envisaged Resolution XXXIX Mexico City:

Have resolved conclude treaty accordance foregoing principles in order assure peace, provide effective reciprocal assistance to meet armed attacks against any American State and deal threats aggression against any.

Article 1. Parties formally condemn war and undertake in international relations not resort threat or use force in any manner inconsistent with charter and treaty.

Article 2. As consequence preceding principle, parties undertake submit every controversy whatever nature which may arise between them to methods peaceful settlement and endeavor settle such controversies means procedures inter-American system before referring them to General Assembly or Security Council.”

Following is text substantive portion treaty agreed drafting group Subcommittee Committee III consisting representatives US, Brazil, Bolivia, Mexico, Panama, Peru:

“Article A. 1. Armed attack by any state against American State considered attack against all and each undertakes assist in meeting attack in exercise right self-defense recognized article 51 Charter.

2. On request state attacked and until decision of security organ of system, parties may determine immediate measures they may individually adopt in accordance principle continental solidarity and in exercise right collective self-defense. Parties shall consult without delay to examine those measures and agree upon collective measures which should be adopted.

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3. Provisions this article shall be applied in case of any armed attack which takes place within region described article B or within territory American State. When attack takes place outside said areas, provisions article D shall be applied.

4. Measures self-defense provided for this article may be taken until Security Council taken measures necessary maintain international peace security.

Article B. Region to which treaty refers comprises geographic area defined declaration Panama 1939, North American Continent, Alaska, Greenland, and area between.

Article C. Parties shall send Security Council complete information, in accordance articles 51, 54 Charter.

Article D. If inviolability or integrity of territory or sovereignty or political independence any American state affected by aggression not armed attack or by threat aggression or by intracontinental or extra-continental conflict, or by any other fact or situation that might endanger peace America, parties shall consult in order agree on measures which should be taken for common defense and maintenance peace and security continent.

Article E. In case conflict between two or more American States, without prejudice exercise of right self-defense and right of aiding country directly attacked conformity article A, parties shall call upon contending states suspend hostilities and shall take all other measures necessary reestablish or maintain peace security and for solution conflict peaceful means.

Article F. For purposes treaty measures on which parties may agree may comprise: Recall chiefs’ missions; breaking diplomatic relations; breaking consular relations; complete or partial interruption economic relations or rail, sea, air, postal, telegraphic, telephonic, and radio telephonic or radio telegraphic relations; or use military force.

Article G. In addition other acts which may be characterized aggression, following shall be so considered:

a.
Unprovoked armed attack by state against territory, people, land, sea, or air forces another state;
b.
Invasion territory state by armed forces another state, even without declaration war, by trespassing boundaries, established by treaty or arbitral award and demarcated in accordance therewith, or by means occupation by force of territory subject to effective jurisdiction said state.

Article H. Nothing in treaty shall be construed as impairing rights and obligations of parties in accordance Charter.”

Marshall