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

501.BB Palestine/6–1349: Telegram

The Acting Secretary of State to the Legation in Switzerland

secret

Washington, June 20, 1949—8 p. m.

Unpal 159. For USDel, Lausanne. Re internationalization Jerusalem. (Palun 201¹) In view insistent Israel refusal relinquish sovereignty New City, Dept felt this was point on which most important PCC submit proposals which cld be agreed to. Your proposal ingenious but Dept fears it wld give basis Israeli rejection entire plan. We also consider it preferable avoid reference sovereignty and merely specify respective powers exercised by authorities in area.

Dept considers that Secretariat working paper² wld place important attributes sovereignty in adjacent states, especially actual governing power, except UN authority will exercise direct control over Holy Places and routes giving immed access to them.

As to points 2 and 3 in Art 6, adjacent states would actually govern subject to obligations enumerated Parts IV and VI. As to these points wld appear possible to specify that administrator shall exercise powers of supervision as enumerated in Parts IV and VI.

It appears encouraging that Israel has not objected to principle demilitarization. If they accept principle it wld seem difficult for them to reject element UN supervision of character specified since this calculated only to effect supervision by impartial internatl body. As to human rights, Dept does not envisage these obligations as resulting in disparate treatment Israeli citizens inside and outside Jlem. We contemplate Decl of Human Eights serving as standard of achievement for administrations haying general governing responsibility in Jlem, as we assume Decl would serve in all of Israel by virtue of Israeli membership in UN. We do not contemplate attempt to enforce specifically the provisions of Decl in Jlem as such treatment not appropriate to character of Decl. Primary reliance, for giving genuine effect to principles set forth in Decl as objectives, wld be on administering authorities in Jlem. Role of UN Administrator and Internatl Tribunal wld be to take cognizance of serious departures from standards proclaimed in Decl, and through judicial procedures to secure redress in such cases and bring about necessary changes by administering authorities. Tribunal wld take into acct all relevant circumstances in determining whether an administeririg authority was living up to its obligation to be guided by Decl as a standard of achievement in human rights field. Suggested redraft of Art 17 in Secretariat working paper is as follows:

Art 17. The authorities responsible for govt in the two zones of Jlem shall, in administering their respective zones, be guided by the principles and standards set forth in the Universal Decl of Human Eights approved by the GA on Dec 10, 1948 “as a common standard of achievement for all peoples and all nations”. If the UN Administrator believes that zonal authorities in Jlem are failing to comply with this obligation, he shall bring the matter to the attention of the Internatl Tribunal in an appropriate proceeding, or, if necessary, bring the matter before an appropriate organ of the UN.

We feel that if basic provisions re sovereignty cannot be rejected by parties, PCC will have more latitude in making other proposals even though parties may object. Israeli and Arab spokesman in GA may propose amendments and GA wld decide. Doubtful if parties wld reject entire plan if basic outline is reasonable. These considerations wld apply to jurisdiction given municipal council over common services mentioned reftel. Such provision does not appear important from UN point of view but shld be valuable to efficient functioning of city.

Dept generally concurs opinion ConGen Jlem last para Tel 412, Jun 13,³ rptd to you as No. 30.

Foregoing discussion is for your assistance and does not have nature instruction.

Dept expects to pouch shortly composite suggestions for changes in Secretariat draft for Jlem instrument.

Webb

1. Dated June 13, from Lausanne, p. 1130.
2. Presumably Com. Jer/W.18, dated May 18, p. 1023.
3. Not printed; it reported that the draft proposals for an internationalized Jerusalem had been discussed with French Consul General Neuville. The last paragraph dealt with certain of the latter’s suggestions (867N.01/6–1349).