501.BB Palestine/3–1849: Telegram
The Consul at Jerusalem (Burdett) to the Secretary of State
238. Palun 87. [From Ethridge.] While we intend to continue efforts to achieve substantial degree internationalization Jerusalem we consider agreement on separate legal entity practically out of question unless USG willing apply strongest pressure. Mayor New City sixteenth insisted to Jerusalem committee that Israel entitled to all Jerusalem.
USDel accordingly thinking along lines possible compromise formula and submits following for Department’s consideration. Will show members Jerusalem committee as informal suggestion. If Department and PCC approve we should sound out Arab representatives in Beirut on this among other possible plans:
- “1) An international regime is established for the Jerusalem area.
- 2) The area shall be permanently demilitarized.
- 3) The area is divided into Arab and Jewish zones which shall, except as hereafter provided in Article 5, be administered respectively by (adjacent Arab State) and Israel as integral parts of their territory.
- 4) An international authority for the Jerusalem area shall consist of a United Nations representative and (of other members?).1
- 5) The international authority shall have power to make regulations to assure protection of and free access to the holy places. It may provide guards or other personnel at such places, and may also call upon the respective local authorities for assistance and cooperation.
- 6) The international authority shall have the right to
make representations to the appropriate local Israel and
Arab authorities, or to the Foreign Ministers of those
governments concerning the following matters within the
Jerusalem area:
- a)
- Protection of human rights and the rights of distinctive groups;
- b)
- Free access to and from Jerusalem and within the city;
- c)
- Common public services;
- d)
- Maintenance of peace and order;
- e)
- The demilitarization of the area.
- 7) Whenever the international authority decides that a dispute exists concerning any matter specified in paragraphs 5 or 6, and that such dispute concerns a matter seriously prejudicial to the welfare of the area, or of the international interest therein, it may refer the dispute to a special tribunal to be appointed by the president of the International Court of Justice.
- 8) If the tribunal deems that the dispute is susceptible of decision on the basis of law, it shall decide on that basis, utilizing the present statute or any of the sources set forth in Article 38, paragraph 1 of the statute of the International Court of Justice. Such decisions shall be legally binding on the parties.
- 9) If the tribunal deems that the dispute is not susceptible of decision on the basis of law, it shall render an opinion ex aequo et bono, giving special consideration, where appropriate, to the principles and purposes of the United Nations, important United Nations resolutions and declarations, and important multilateral treaties. Such opinions shall be advisory in character, but shall be regarded as embodying the judgment of the world community on the question in issue.
- 10) Israel and the Arab States shall deposit declarations accepting, with respect to legal disputes arising between them concerning the Jerusalem area, the jurisdiction of the International Court of Justice as compulsory ipso facto and without special agreement.”2
Sent Department 238, repeated Amman 19. [Ethridge.]
- As in the source text.↩
- The Department replied on March 22, stating that “Although fully sympathetic problems your most recent draft attempts to reconcile we feel paras. 1 and 3 are almost mutually exclusive; that right of representation described para. 6 in fact gives international authority very little real power; and that there are grave doubts as to efficacy legal authority described paras. 7, 8 and 9, in absence any executive authority. Accordingly we prefer you do not submit this draft to PCC or Arab Reps Beirut.” (Telegram 133, identified also as Unpal 67, to Beirut, 501.BB Palestine/3–1849)↩