710 Consultation 4/7–347: Circular telegram
The Secretary of State to the Diplomatic Representatives in the American Republics
Depcirtel June 27.13 At meeting July 2 Pan American Union Governing Board agreed upon following points of consultation:
“Point I
Commentary
Armed attack against an American state places the victim of the aggression in situation in which it can exercise the right of individual self-defense, under the terms of Article 51 of the Charter of the United Nations. The pact of solidarity among the twenty-one American Republics places all of these States in a situation in which they can exercise the right of collective self-defense, under the terms of the same Article 51. The American states have consequently the right to repel aggression, individually or collectively, until the Security Council has [Page 8] taken the necessary measures to maintain or reestablish peace. The proposal of the United States contemplates that there shall be two categories of obligation in the event of an armed attack:
(a) Each one of the contracting parties agrees to assist in meeting the attack; and (b) each of the parties agrees to consult with respect to the collective measures that should be taken.
Questions
- 1.
- In the event of an armed attack against an American state are the high contracting parties obligated by the principles of inter-American solidarity and in the exercise of the right of self-defense recognized in Article 51 of the Charter of the United Nations to assist the state which is the immediate victim of the aggression?
- 2.
- Is it understood that each one of the high contracting parties shall determine the nature, extent and timing of the immediate measures which it should take?
Point II
Commentary
All the drafts propose consultation as the means by which the collective measures which may be adopted to prevent or repel aggression shall be determined.
Only three drafts (Ecuador, Panama, the United States) contain provisions with respect to voting in the consultative meetings for the determination of the measures. The Act of Chapultepec does not contemplate voting procedures nor does it indicate whether the parties who do not concur in the decisions of the consultations are or are not bound by the measures agreed upon.
Questions
- 1.
- Shall the collective measures be agreed upon by:
- (a)
- unanimous vote?
- (b)
- two-thirds of the parties (proposals of Ecuador, Panama and United States)?
- (c)
- a simple or absolute majority?
- 2.
- Are the collective measures agreed upon in
consultation obligatory:
- (a)
- for all of the contracting parties?
- (b)
- only for those who in the consultation have concurred in them (proposals of Panama and the United States)?
Point III
Commentary
Various projects (Bolivia, Chile, Mexico and Uruguay) contemplate the creation of a permanent military organization. In the resolution approved by the Governing Board of the Pan American Union on September 13, 194514 the agenda of the Conference of Rio de Janeiro was limited to ‘the preparation of an inter-American treaty of reciprocal assistance to give permanent form to the principles embodied in the “Act of Chapultepec”.’ Resolution IX of the Mexico City Conference15 and the proposed agenda of the Ninth International [Page 9] Conference of American States contemplate that the creation of a permanent military organization should be considered at the Bogotá Conference.16
Question
Do the Governments desire to maintain the decisions already taken to consider the creation of a permanent military organization at the Ninth International Conference of American States at Bogotá?”