867N.01/5–2248: Telegram
The Secretary of State to the Legation in Lebanon
267. Retels 203 May 22,1 208 May 24, Deptel 252 May 20 and 259 May 21,2 please inform Lebanese Govt that this Govt considers the grounds for the detention of the Americans taken from Marine Carp set forth in FonOff Legtel 203 unsatisfactory. So far as US Govt has been advised, Lebanese authorities do not purport to have acted under the authority of any law or legal process of Lebanon; the Lebanese Govt has made no showing that these men have been charged with any offense against Lebanese law, or that the Govt’s action has been in conformance with basic processes of law recognized throughout the world relating to arrest, charge of commission of a crime, hearing and trial. Accordingly, US Govt cannot but view the action of the Lebanese Govt as in disregard of the established principles of international law relating to the rights and duties of a state with respect to aliens.
The US Govt protests the continued detention of these American citizens and requests their immediate release.3
In the event Legation has any info concerning violation of local law, or charge to that effect by Lebanese authorities, please report fully urgently.
Also inform Dept whether in your discussions or those of Lebanese authorities with Americans any individuals professed to be proceeding to Israel to take oath of allegiance or to join Israeli Army, and whether individuals adhere to purpose of travel expressed in their passport applications.4
- Not printed, but see footnote 2, p. 1040.↩
- No. 259 not printed.↩
- At
this point in the telegram as originally drafted appeared the
following two paragraphs which were deleted by Mr. Lovett: “You may
add that the US Govt in the meantime is investigating the purposes
of the travel of these American citizens to Palestine. The US Govt
does not issue travel documents to American citizens going to
foreign areas for the purpose of participating in hostilities.
“Inform Leb Gov that in this case US Gov will make all appropriate efforts to effect the repatriation of those American citizens who are found to have improperly used American passports. In making these statements please make it clear that they should not be considered in any way as an undertaking on the part of the American Govt as a consideration for the release of the group.”
↩ - An appropriate note was
delivered by Beirut to the Lebanese Foreign Office on May 29
(telegram 226, May 29, 4 p. m., from Beirut, 867N.01/5–2948); for
the Department’s statement, released May 30, see Department of State
Bulletin, June 13, 1948, p. 780.
The Secretary of State, in a letter of June 22 to Eliahu Epstein, replied to the latter’s aide-mémoire of May 29 which had requested “that every effort be made by the United States Government to assure the safe arrival of passengers on United States flag vessels bound for Israeli ports”. After reviewing the action taken by the United States regarding the action of the Lebanese Government, the Secretary concluded: “The Government of the United States has protested and will continue to extend diplomatic protection to its nationals where action on the part of a foreign state is in disregard of the established principles of international law.” (867N.01/5–2948)
↩