501.BB Palestine/5–948: Telegram

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

secret

614. The following is text of an arrangement for possible provisional regime based on chapter XII of the Charter worked out informally with the British and Canadians. Comments follow. Text begins:

Draft Resolution of the GA Relating to the Future Government of Palestine

preamble

Whereas the United Kingdom as mandatory power will cease to exercise authority over Palestine on May 15, 1948; and

Whereas the maintenance and furtherance of international peace and security require that the UN should as a matter of emergency exercise temporary authority in (the city of Jerusalem and throughout) Palestine; and

Whereas Chapter XII of the Charter authorizes the UN to exercise such temporary authority:

I

Now therefore the GA of the UN, without prejudice to the ultimate political settlement, decides that temporary authority in Palestine shall, from May 15, 1948 be exercised in accordance with the following articles:

article 1

The UN is designated as the administering authority for Palestine. The TC, operating under the authority of the GA, shall assist in carrying out the functions of the administering authority.

[Page 943]

article 2

The administering authority shall exercise such powers of administration, legislation, and jurisdiction over Palestine as are set forth in these articles and as may be subsequently determined to be necessary by the TC.

article 3

A high commissioner for Palestine shall be appointed by the TC and shall be subject to it in the exercise of his duties.

article 4

The high commissioner shall encourage local or community authorities in such a way as to secure their maximum cooperation. He shall use his good offices to arrange for the operation of such common services as may be agreed upon by the principal communities.

article 5

The high commissioner is empowered to exercise the right of the administering authority to organize and make use of locally recruited police and volunteer forces.

article 6

The high commissioner shall cooperate with the Truce Commission for Palestine appointed by the SC on 23 April 1948 and shall give it every possible assistance in carrying out the truce resolution adopted by the SC on 17 April 1948 and any further truce arrangements concluded by the Truce Commission or otherwise under the authority of the UN. In connection with his duties under this article the high commissioner may communicate with the SC through the SYG.

article 7

The high commissioner shall use his best endeavors to mediate between the principal communities in Palestine with the object of reaching agreement on the future government of Palestine.

article 8

The expenses of the government of Palestine shall be defrayed from the revenues of Palestine, supplemented, when deemed necessary by the TC, by funds provided by the UN either through subsidies or through loans repayable from future revenues of Palestine.

article 9

The special municipal commissioner for the city of Jerusalem appointed in accordance with the recommendation of the GA of 6 May [Page 944] 1948 shall continue to exercise his functions under the authority of the UN high commissioner.

article 10

The high commissioner shall use his best endeavors in cooperation with the communities and authorities concerned to assure the protection of the holy places, religious buildings and sites in Palestine.

article 11

The high commissioner may, with a view to the promotion of the welfare of the inhabitants of Palestine, invite the assistance and cooperation of appropriate specialized agencies of the UN such as the WHO, of the International Red Cross, and of other governmental or non-governmental organizations of a humanitarian and non-political character.

article 12

The temporary authority of the UN as set forth in these articles shall terminate oh January 1, 1950 or on such earlier date as may be determined by the GA or upon notification to the TC by the high commissioner that agreement has been concluded by the principal communities of Palestine for the future government of Palestine.

II

During the currency of this resolution the GA suspends the implementation of its resolution of November 29, 1947 on the future government of Palestine 181 (II).

III

The GA calls upon all persons, organizations and governments to cooperate in the implementation of this resolution and to refrain from any action which would be inconsistent with this resolution.

Austin