320/11–750: Telegram
The United States Representative at the United Nations (Austin) to the Secretary of State
Delga 250. Re Gadel 102, Delga 244, November 7. Representatives France, UK, US and Yugoslavia agreed revised text Yugoslav resolution which Yugoslavs will introduce tomorrow with appropriate statement indicating revision takes into account suggestions made by other delegates. Representatives indicated concurrence ad referendum and reserved right propose amendments but expressed hope none would be necessary. USDel staff believes agreed revision acceptable and should rally general support, and expects Sweden will be willing withdraw proposal to send Yugoslav resolution to ILC.
Revised text as follows:
“The General Assembly,
“Reaffirming the principle of the Charter that war must not serve as an instrument of national policy;
“Reaffirming the principle of the Charter that war shall not be resorted to except in defense of the national independence and territorial integrity of the state which has been the victim of aggression;
“Desiring to create a further obstacle to the outbreak of war, even after hostilities have started, and facilitate the cessation of the hostilities by the action of the parties themselves, and thus contribute to the peaceful settlement of disputes,
“Recommends,
“1. That, if a state becomes engaged in armed conflict with another state or states, it take all steps practicable in the circumstances and compatible with the inherent right of self-defense to bring the armed conflict to an end at the earliest possible moment;
[Page 433]“2. That, in particular, such state, immediately and in any case not later than 24 hours after the outbreak of hostilities, make a public statement wherein it will proclaim its readiness to discontinue all military operations and to withdraw all its military forces which have invaded the territory or territorial waters of another state or crossed a demarcation line, on terms agreed to by the parties or under conditions indicated by the appropriate organs of the UN;
“3. That such state immediately notify the SYG, for communication to the SC and to the members of the UN, of the statement made in accordance with the preceding paragraph and of the circumstances in which the conflict has arisen;
“4. That such state, in its notification to the SYG, invite the appropriate organs of the UN to dispatch the Peace Observation Commission to the area in which the conflict has arisen, if the Commission is not already functioning there.
“5. That the conduct of the states concerned in relation to the matters covered by the foregoing recommendations be taken into account in any determination of responsibility for the breach of the peace or act of aggression in the case under consideration, and in all other relevant proceedings before the appropriate organs of the UN;
“Determines
“That the provisions of the present resolution in no way impair the rights or obligations of states under the Charter or such rights or obligations as may derive from the decisions or recommendations of the SC, the GA or any other competent organ of the UN.”1
- For subsequent parliamentary developments in the First Committee, see GA (V), First Committee, pp. 273 ff., and GA (V), Annexes, vol. ii, fascicule 72. At a meeting on November 9, the Committee voted to recommend to the General Assembly the adoption of a two-part resolution, which incorporated the Yugoslav resolution substantially as printed here and referred the Soviet proposal to the International Law Commission for examination in conjunction with matters already under consideration by the Commission (that is, the 1948 Lebanese conciliation proposal). The General Assembly adopted these drafts on November 17, after listening to a statement by the Soviet Delegate (Zarubin) in opposition to the first part of the resolution (the Yugoslav section) (GA (V), Plenary, vol. i, pp. 425 ff.).↩