867N.01/5–3149: Telegram
The Acting Secretary of State to the Legation in Switzerland
Unpal 124. For USDel, Lausanne. Dept appreciates reasons for concern Jerusalem expressed Jerusalem tel 370 May 20 and Amman tel 215 May 24 and also substantial contribution these tels our understanding Jerusalem situation. Dept inclined to feel present procedures will not be productive results and that new approach desirable. Following suggestion draws on both reftels.
PCC might call upon both sides to accept its appointee as chairman Special Comite but with ultimate power as arbiter. Terms of reference would need definition which shld generally include territorial delimitations and public utilities in Jerusalem to extent solutions required in final peace settlement.
Appointee would have as first function serving as chairman Special Comite and assisting parties to reach agreement.
Second function would be to arbitrate any differences on which agreement not reached within agreed period.
[Page 1080]As third function it would be understood that agreement of parties or arbitral award on matters covered by terms of reference would form basis corresponding section of PCC detailed proposals on Jerusalem.
In prelim discussions fol names have been suggested for Arbitrator: Charles De Visscher, Belgian Judge of ICJ, and Dr. Azcarate.
Your comments and those of Jerusalem and Amman are invited but you may take this suggestion before PCC, or individual members if you see fit.1
- This telegram was repeated to Amman as 71 and to Jerusalem as 262. Mr. Ethridge replied, on June 3, that the American Delegation doubted the practicality of the procedure suggested in Unpal 124 “because it seems unlikely procedure could be completed before September GA. Agreement of Israel and Transjordan to change constitution of special committee and terms of reference and agreement re chairman-arbitrator would involve lengthy negotiations. … It therefore seems preferable follow procedure suggested in Palun 179.” (telegram Palun 183 from Lausanne, 501.BB Palestine/6–349) Regarding Palun 179, see footnoted, p. 1041.↩