761.91/7–848: Telegram
The Secretary of State
to the Embassy in Iran
secret
Washington, July
8, 1948—7 p. m.
637. In reply to inquiry from Shah, Ala is sending by airmail
following substance of conclusions drafted by Iranian Emb attorneys
re present Soviet rights under Article VI of 1921 Treaty:
- “1. Although Article VI is an integral part of a valid
treaty, it must be read subject to all subsequent
treaties and agreements to which Iran and Soviet Union
are parties including, of course, Charter of United
Nations.
- 2. Introduction of Soviet troops onto Iranian soil
without present free consent of Iran would constitute
threat or use of force against territorial integrity and
political independence of Iran and would be likely to
endanger maintenance of international peace and
security.
- 3. Soviet Union and Iran by ratifying Charter of
United Nations bound themselves:
- (a) to refrain from
threat or use of force against territorial
integrity or political independence of any state
(Article 2, par. 4);
- (b) to settle their
disputes by peaceful means (Article 2, par. 3) and
if a dispute is likely to endanger the maintenance
of international peace and security, to refer
dispute to Security Council, other peaceful means
having failed (Articles 33, 37);
- (c) to recognize that
foregoing and other obligations under Charter
prevail over all other obligations under any other
international agreement (Article 103).
- 4. If Soviet Union should contend that facts exist
which are envisaged in Article VI of the 1921 Treaty and
that it is entitled notwithstanding the Charter to send
its troops onto Iranian soil, and if Iranian Govt
disputes any of these contentions, Soviet Union would
violate the Charter by sending its troops into
Iran.
- 5. If Soviet Union believes that facts exist which are
envisaged in Article VI of 1921 Treaty and that it is
entitled to send its troops onto Iranian soil,
appropriate course (in absence of free and present
consent of Iran or solution of dispute by pacific
procedures under Article 33 of Charter) is for Soviet
Union to refer matter to Security Council as a dispute
likely to endanger international peace and to ask that
body to recommend or apply remedies in order that
international peace and security may be
maintained.
- 6. If Soviet Union, without free and present consent
of Iran, should attempt to introduce troops onto Iranian
soil, Iran would be justified
[Page 159]
under Article 51 of Charter in
resisting with force this threat or use of force
contrary to principles of Charter whether or not the
conditions envisaged in Article VI of the 1921 Treaty in
fact existed.”
Ala has requested that above substance of conclusions, in Which Dept
concurs fully, be transmitted informally by Emb to Shah.
Sent Tehran 637 rpt Moscow 777.
