501.BC Indonesia/12–2448: Telegram
The Acting Secretary of State to the Acting United States Representative at the United Nations (Jessup) at Paris
secret
Washington, December 24, 1948—2 p. m.
4925. For Jessup. In respect of Dutch reliance on Article 2(7) of Charter to assert that SC has no competence to deal with Indonesian case, and Dutch request that this issue be referred to ICJ, Dept believes you might make statement based on following points if occasion arises:
- (a)
- US in past has stated its firm conviction that SC is competent to deal with Indonesian case as Council has been doing in past 18 months, and US continues to hold this view unhesitatingly;
- (b)
- SC has itself acted on the basis that Article 2(7) is no bar in the Indonesian case, and indeed Council long ago rejected Dutch proposal for reference to ICJ;
- (c)
- However, in view of Dutch renewal of their proposal for a Court opinion and expressed willingness to abide by Court’s conclusion, US is prepared to support a request to the ICJ for an advisory opinion;
- (d)
- Naturally US would insist that such reference not prevent or delay necessary SC action in the Indonesian case at the present time, and that reference should be made only when hostilities have ceased, status quo ante has been restored, and the methods of peaceful settlement enjoined by the Charter are again being employed effectively and in good faith.
Lovett