501.BB Palestine/5–2348: Telegram

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

confidential

429. Re telephone talks of Jessup with Gross and Sandifer (referred to in USUN 807 of June 231) Dept believes it would be inappropriate and unwise to attempt at this time to carry Lebanon, Syria or Egypt to ICJ concerning measures taken or announced by those states which US Govt has recently protested. In case of Lebanon, no measures in nature of blockade have been announced by that Govt, and Marine Carp incident is in process of settlement through diplomatic channels. Measures announced by Syria and Egypt, which are intended to result in blockade of Palestine, have not in fact been applied in any specific case which would give rise to US protest or claim. Apart from these legal considerations affecting US position, it is believed that taking a case against one of Arab countries to ICJ at this time, on a question concerning Palestine, might affect adversely chance of a political solution in Palestine being attained through truce and efforts of UN mediator. If a specific case were to arise, under Syrian or Egyptian measures, which affected US interests, Dept would again weigh at that time question of going to ICJ.

Marshall
  1. Not printed; this message, signed by Mr. Jessup, read As follows: “Confirming my phone talks with Gross and Sandifer, we feel it might he generally helpful if USG were to suggest to Egyptian and Syrian Governments that question of attempted blockade of Palestine be submitted to International Court or alternatively to the Court’s Chamber of Summary Procedure.” (501.BB Palestine/6–2348)