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

501.BB Palestine/5–2549: Telegram

The United States Representative at the United Nations (Austin) to the Secretary of State

confidential
priority

New York, May 25, 1949—1 p. m.

639. Following is note Bunche proposes to send Zaim on May 26 together with his draft proposal on armistice demarcation lines from Syrian-Israeli discussion. A somewhat similar note will be sent to Ben-Gurion at the same time. Bunche intends that this new compromise should be discussed by the existing delegations under Vigier’s chairmanship. If, as he expects, no progress is made at this level, he will address a renewed appeal to Ben-Gurion and Zaim to negotiate the armistice agreement personally, offering UN assistance for this purpose.

Bunche would appreciate US support for his proposal. Support will be particularly needed in Tel Aviv.

• “1. Following personal consultation with General Riley who has just returned to Lake Success for this purpose, cable communications with M. Vigier, and a careful study of the negotiations thus far conducted, I have the honor to submit for the consideration of your government the following suggested draft article on the armistice demarcation line in the Israeli-Syrian draft armistice agreement.
• 2. In submitting this draft article as a compromise proposal, I realize that it does not fully meet the desires of either party as thus far expressed in the negotiations. But you will agree, I am sure, that no agreement is possible unless each party is willing to make some concessions and accept some compromises.
• 3. I am confident that this draft article is consistent with the basic purpose of the SC resolutions on Palestine, and particularly the resolution of 16 November 1948. It will separate the forces, thus reducing to a minimum the possibility of friction and incident. It will require some withdrawal by the armed forces of each party. It is purely a temporary arrangement, for the duration of the armistice and pending territorial settlement. The provision for a demilitarized zone, subject to the authority of the Chairman of the Mixed Armistice Commission and the observers attached thereto, fully safeguards the territorial claims, positions and interests of both parties for the final settlement. Neither party, therefore, can validly claim to lose advantage by accepting the provisions of this draft article, unless it be argued that there is no substitute for force and armed possession in the protection of a claim. As a representative of the UN, I cannot endorse any such view, and more particularly so since our experience with UN demilitarization of such highly strategic areas as Government House and Mount Scopus in Jerusalem, and the El Auja sector in the Negev, gives convincing proof that such arrangements work well and give full protection to the rights and claims of the interested parties.
• 4. I would emphasize that although vital interests of both parties are admittedly at sake in this agreement, it is an armistice and not a peace treaty we are negotiating. Neither party, therefore, is entitled to insist on final arrangements which must properly await the peace settlement, or which would clearly prejudice such settlement. The Israeli-Syrian armistice negotiations must not, in any way, impinge upon the settlement discussions now being conducted by the Conciliation Commission at Lausanne.
• 5. In formulating this draft, I have had in mind the stated fact that the armed forces of the Arab states entered Palestine for the sole purpose of protecting the rights and interests of the Arabs of Palestine. I can well understand that the desperate plight of the vast number of Arab refugees and the extensive territory now under the control of Israeli forces gives you grave concern and is a strong factor in determining your position as regards Palestinian territory now occupied by Syrian forces. But I submit that the provision for UN responsibility over the territory in the proposed demilitarized zone gives more than adequate protection to your interests and is much more consistent with the letter and spirit of the SC resolutions.
• 6. I earnestly appeal to you to give this draft your most serious and sympathetic consideration. It is my intention to call upon the delegations of the two parties to reconvene at an early date in order to continue their negotiations with this draft as a working basis.”

Following is draft article on armistice demarcation lines:

• “1. In view of the fact that the question of territorial settlement is one of the matters being dealt with in consultations with the UN Conciliation Commission now taking place at Lausanne, it is emphasized that the following arrangements for the armistice demarcation lines between the Israeli and Syrian Armed Forces are riot to be interpreted as having any relation whatsoever to ultimate territorial arrangements affecting the two parties to this agreement.
• 2. The armistice demarcation line herein defined is in response to the request of the SC in its resolution of 16 November 1948, and without prejudice to the rights, positions, interests and claims of either party to this agreement. In pursuance of the spirit of the SC resolution, the armistice demarcation line has been defined with a view toward separating the armed forces of the two parties in such manner as to minimize the possibility of friction and incident.
• 3. The armistice demarcation line shall be delineated on the map attached to this agreement as annex (blank). Where the existing truce lines as certified by the UN truce supervision organization run along the recognized international boundary between Syria and Palestine, the armistice demarcation line shall follow the boundary line. Elsewhere, the armistice demarcation line shall follow a line midway between the certified truce lines for the Israeli and Syrian forces.
• 4. The armed forces of the two parties shall nowhere advance beyond the armistice demarcation line.

• 5. a. Where the armistice demarcation line does not correspond to the international boundary, the area between the armistice demarcation line and the boundary, pending final territorial settlement between the parties, shall be established as a demilitarized zone from which the armed forces of both parties shall be totally excluded, it being understood that the Ein Gev and Dadara sectors shall also be included in the demilitarized zone.

  b. The purpose of the demilitarized zone shall be to safeguard the territorial claims, positions and interests of both parties pending final territorial settlement and to separate widely the armed forces, while providing for the gradual restoration of normal civilian life in the area of the zone without prejudice to the ultimate settlement.

  c. Any advance by the armed forces of either party into any part of the demilitarized zone, when confirmed by the UN representatives, shall constitute a flagrant violation of this agreement.

  d. The chairman of the Mixed Armistice Commission established in article (blank) of this agreement and United Nations observers attached to the Commission shall be responsible for ensuring the full implementation of this article.

  e. The withdrawal of such armed forces as are now found in the demilitarized zone shall be in accordance with the schedule of withdrawal annexed to this agreement and in any case shall be completed within ten weeks from the date on which this agreement is signed.

  f. The chairman of the Mixed Armistice Commission shall be empowered to authorize the return of civilians to villages and settlements in the demilitarized zone and the employment of limited numbers of locally recruited civilian police in the zone for internal security purposes, and shall be guided in this regard by the schedule of withdrawal referred to in sub-paragraph (e) of this article.”¹

Austin

1. New York, on May 27, advised of two revisions in the draft article on armistice demarcation lines, as follows: In paragraph 5a, the words “between Syria and Palestine” were to be added to the first sentence after the words “international boundary”; and a new paragraph 6 was to be added, reading “On each side of the demilitarized zone there shall be areas, as defined in annex __________ to this agreement, in which defensive forces only shall be maintained, in accordance with the definition of defensive forces set forth in annex _______ to this agreement.” (Telegram 652, 501.BB Palestine/5–2749)