501.BB Palestine/8–1348
Memorandum by the Deputy United States Representative on the Security Council ( Jessup ) to Mr. John C. Ross
No. 1153 from Jerusalem of August 31 contains the Ben Gurion proclamation establishing military rule in Jerusalem. Paragraph 3 says that “The residents of the occupied area are hereby required … to assist the Israeli Defense Army as directed”. This in its terms goes [Page 1287] beyond the powers of a military occupant. If they should attempt to exact improper assistance from American citizens, I think we would need to protest. On general principles, I think it might be useful to call their attention to the item and to express our conviction that the powers of the occupant would be used only in accordance with international law. My own view on the legal point would of course have to be checked by Le if anything were to be done. Such a statement as I suggest would of course be an acknowledgement on our part of the propriety of their military occupation, but I think that is unobjectionable.