501.BB Palestine/7–2048: Telegram

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

confidential

477. Re urtel 926, July 201 quoting note from Acting SYG. Dept believes it would be inappropriate for U.S. and other individual govts to designate national members to tribunal envisaged by UN Mediator for examining alleged breaches of truce. Under SC resolution of July 15 this responsibility devolves on Mediator rather than on any body of examiners to be constituted of representatives of states (such as those states represented on Truce Commission). Indeed note of Acting SYG states that function of examining alleged breaches would be “on behalf of the mediator.” Dept believes it would be appropriate for Mediator to designate members of his international staff to examine alleged breaches. If Mediator prefers to retain services of examiners selected specifically for this work, Dept would be glad to suggest names of qualified individuals. Request you reply to note of Acting SYG in sense of above. For your info, Dept wishes to avoid tribunal composed of national representatives with consequent likelihood of charges by Arab states or Israel, in particular cases, attacking on a national basis the operations or findings of examiners.

Marshall
  1. Not printed; the note, dated July 19, transmitted the Mediator’s request to the United States Government for one legal assistant with the status of judge, or similar legal status, to examine on behalf of the Mediator allegations of truce violations in Palestine (501.BB Palestine/7–2048).