501.BB Palestine/3–249: Telegram
The Secretary of State to the Consulate General at Jerusalem
156. Unpal 60. Position to be taken by Jerusalem Comite in informal consultations with reps of Israel and Transjordan (Palun 66)1 believed sound. Dept considers that arrangements for Jerusalem shld be on principle that general administrative responsibilities will be vested in Arab and Jewish admins in respective areas of Jerusalem and that only specified functions will be carried out by whatever internatl and joint auths may be created.
Re French proposal that internatl auth shld consist reps Arabs, Jews, US, France, and Turkey, Dept agrees such auth unwieldy and otherwise undesirable. As means of bringing French to support internatl auth headed by UNRep, USRep Palestine Comm is authorized to inform French that US wld be willing support French national for first UNRep in Jerusalem provided that highly qualified person is made available.
Dept feels that concept of UNRep and one rep each from Arab and Jewish local admin constituting a Comm and acting by majority vote (last para, ref tel) is preferable to concept UNRep with advisory council. Participation of Arab rep and Jewish rep in Comm shld have result of engaging Arab and Jewish responsibility for actions taken by internatl auth in matters of common concern. Power on part of internatl auth in Jerusalem to bring important security matters to attn SC seems desirable, although precise method of such contact wld [Page 820] depend on relation of internatl auth in Jerusalem to UN. Art 4 of draft Jerusalem Statute bears on this point.
Dept is not clear as to reasons for lack of Comite approval of “internatl court with power to decide jurisdictional competence government organs and local courts and questions re exercise powers internatl auth.” Dept believes desirable to have some internatl tribunal competent to determine these questions, perhaps only on reference by Jerusalem internatl auth. Use of ICJ or chamber of that Court for this purpose may not be possible under UN Charter and Statute ICJ without amendment. Dept suggests provision for Jerusalem internatl tribunal to be selected, for example, by Pres ICJ.