320/8–1450: Telegram
The Ambassador in France ( Bruce ) to the Secretary of State
799. ReDeptel 725 August 9, sent London 732, repeated USUN 126. Although definitive French reaction will not be available before Wednesday, FonOff has furnished preliminary views which are result extensive discussions up to level of Parodi. Embassy therefore believes definitive position will not differ substantially.
From political point of view, FonOff is inclined to consider proposed resolution inopportune since it would place us, in their opinion, in position of “predicting” renewed aggression and making procedural arrangements “before anything has happened.” Although they recognize that purpose of resolution would be also to discourage such aggression by demonstrating in advance that means exist to prevent hamstringing of UN by veto, they nevertheless, from overall political viewpoint, doubt usefulness of proposed action at this time.
From legal point of view, central question is whether resolution would conflict with article 12 of charter (which prevents GA front making recommendations re any dispute or situation while subject is on SC agenda). Perhaps SC could, if action is blocked by veto, decide by affirmative vote of 7 members (without possibility of veto, since this would be procedural matter) simply to remove item from agenda in which case it would be proper for GA to deal with it. This is question on which FonOff would be interested in having our comments.
Now, if one considers that conflict with article 12 exists, French would view draft resolution unfavorably because of such conflict. If, on other hand, one considers that no conflict exists and that SC could properly divest itself of item of agenda when there is deadlock, then proposed resolution would be unnecessary and French would oppose it on those grounds. The element contained in it which bears on relationship to article 12, namely convocation of GA on 24 hour notice, could be dealt with by simple change in rules, without need for any GA resolution. FonOff emphasizes these views are preliminary only and that it anxious to discuss matter further in the light of any comments or additional observations from Department.
Department pass USUN, sent Department 799, repeated info London 232, USUN 6.