Foreign Relations of the United States, 1948, The Near East, South Asia, and Africa, Volume V, Part 2

867N.01/5–1748

Memorandum by the Legal Adviser (Gross) to the Under Secretary of State (Lovett)

secret

[Washington,] May 21, 1948.

Subject: Egyptian and Syrian Blockade of Palestinian Waters.¹

Discussion:

The Government of Egypt has delivered to our Embassy in Cairo a memorandum calling attention to the danger to American shipping approaching the Palestinian coast, while the Government of Syria has proclaimed a blockade of the maritime waters of Palestine.²

The action of Egypt follows that Government’s previous announcements declaring an embargo on cargoes being trans-shipped through Egypt to Palestine and a military proclamation regarding the right to requisition all ships at Port Alexandria, Port Said and Suez. The latter problems, however, concern action contemplated within the bounds of Egyptian jurisdiction so that it is considered desirable to disassociate them from the attempt to establish a blockade of Palestinian waters.

The Maritime Commission has been informed of the purported blockade in order that this information can be furnished to American shippers, although no recommendations have been made as to the action which the shipping companies should take.

A blockade may be declared only during time of war, and some degree of effectiveness must be exercised.

In view of the threat to American shipping, it is considered desirable that the United States Government reserve its rights by filing a protest to the announcements of the Egyptian and Syrian governments, basing the protest on the freedom of navigation of the high seas and the absence of any rights on the part of Egypt and Syria to extend their control to areas outside their jurisdiction.

Recommendations:

It is recommended that the attached telegrams be sent, instructing the Department’s representatives to protest the announcements by Egypt and Syria of a blockade of Palestinian waters.³

Concurrences: SD, NE, CP, UNA, IS, NEA.

Attachments: Telegrams to Cairo and Damascus.

1. Documentation on the question of possible Egyptian restriction of the right of transit through the Suez Canal in 1947 is presented in Foreign Relations, 1947, vol. v, pp. 755–776.
2. The Egyptian and Syrian actions were brought to the attention of the Department in telegrams 534, May 17, from Cairo, and 300, May 19, from Damascus, neither printed (867N.113/5–1748 and 867N.01/5–1948).
3. Marginal notation by Mr. Lovett: “ok”. The telegram to Cairo is printed infra; that to Damascus is not printed.