Foreign Relations of the United States, 1949, The Near East, South Asia, and Africa, Volume VI

501.BC Kashmir/6–349: Telegram

The Acting Secretary of State to the Embassy in India ¹

secret
niact

Washington, June 3, 1949—noon.

399. Kascom 82. For Macatee. Although Dept has been of view in event rejection truce terms UNCIP shld endeavor continue negots it now feels recent developments may make such UNCIP efforts of no avail. Shld UNCIP share this view Dept suggests you propose in UNCIP consideration be given possibility that truce disagreement be submitted with consent of two parties to arbitration by impartial third party. Dept believes such procedure preferable this stage to reference issue SC. This connection Dept offers fol comments:

1. Basic reason failure truce agreement thus far appears due mutual suspicions and unwillingness both parties voluntarily accept compromise. Submission issue to arbitrator wld provide way out for 2 Govts from positions to which now committed and relieve them responsibility explaining acceptance any politically undesirable conditions.

2. Role arbitrator wld be limited to arbitration of truce only and wld not extend to other issues. Fol arbitration of truce remainder settlement wld be carried forward along previously agreed lines.

3. Essential requisite settlement by arbitration is agreement in advance both parties accept arbitrator’s decision.

4. Arbitrator wld presumably operate within framework Aug 13 Res but wld not be bound by any proposals UNCIP re truce.

5. Dept believes assuming 2 parties agreeable-UNCIP cld arrange arbitration this issue without reference SC.

6. In event UNCIP decides adopt above approach it shld take vigorous stand urging acceptance thereof on GOP–GOI. Probably also desirable UNCIP recommend member Govts they also urge GOI–GOP acceptance.

7. Shld UNCIP agree this proposal Dept wld have no preference as to individual selected as arbitrator, but foresees possibility parties and UNCIP might turn to Nimitz. Dept has not approached Nimitz this subj but has reason believe that while not seeking position of arbitrator this specific issue he wld not refuse serve if formally invited by UNCIP thru SyG. FYI which you use discreetly if necessary Dept is informed Nimitz wld not wish serve as mediator truce issue believing he wld face same difficulties which confronted UNCIP. Dept agrees.

Dept views with increasing concern recent statement and actions both parties, but particularly on part of GOI, which do not contribute atmosphere needed peaceful settlement Kashmir issue and believes appointment arbitrator may contribute creation such atmosphere. Dept awaiting text replies two Govts truce proposals.

Delhi please pass Macatee urgently by courier if necessary.

Webb

1. Repeated to Karachi as 159 and London as 1916.