Foreign Relations of the United States, 1950, The Near East, South Asia, and Africa, Volume V

IO Files: SD/T/157¹

Position Paper Prepared in the Department of State for the Seventh Session of the Trusteeship Council

confidential
SD/T/157

[Washington,] May 19, 1950.

Item 10: Question of an International Regime for the Jerusalem Area and Protection of the Holy Places (General Assembly Resolution 303 (IV) of December 9, 1949)

The Problem

The problem is to determine the position of the United States Delegation to the Seventh Session of the Trusteeship Council on the implementation of the draft Statute for the Internationalization of Jerusalem. This Statute was revised by the Council at its Sixth Session and transmitted to Israel and the Hashemite Kingdom of the Jordan with a request for their cooperation. It is expected that these two countries will inform the Council that they cannot accept the draft Statute and will be unable to cooperate in its implementation. It is understood that Israel will submit an alternate plan for Jerusalem.

Recommendations

1. The Delegation should oppose any proposals directed to the imposed implementation of the Statute against the wishes of the parties, on the ground that an imposed implementation would contribute neither to a viable solution of the problem nor to the peace and stability of the area.

2. The Delegation should support a proposal that the Trusteeship Council submit to the General Assembly a report which

(1) would point out that the Council has fulfilled the Assembly’s instruction to complete and approve the Statute for the internationalization of Jerusalem, but has been unable to proceed with the implementation of the Statute in the light of the opposition of Israel and Jordan and

(2) would include (a) the draft Statute as revised by the Council and transmitted to Israel and Jordan and (b) the replies of Israel and Jordan to the Council’s request for their cooperation, including any proposal made by them singly or jointly.

Discussion

At its Sixth Session the Trusteeship Council, pursuant to General Assembly Resolution 289 (IV) of 21 November 1949² revised the Statute which it had previously prepared for the internationalization of Jerusalem. The General Assembly Resolution had reaffirmed the principle of the 1947 resolution that Jerusalem should be established as a corpus separatum under a special international regime administered by the United Nations and had directed the Council to complete, at its next meeting, the preparation of the draft Statute which the Council had drawn up in compliance with the 1947 resolution, to approve the Statute, and to proceed immediately with its implementation without permitting any actions taken by any government to divert it from this task.

The United States, although it had opposed the General Assembly resolution, cooperated in the technical task of revising the Statute during the Council’s Sixth Session, and in the third reading of the Statute voted in favor of those articles which were in general consistent with the terms of the General Assembly resolution. In the vote giving final approval to the Statute as a whole, however, the United States abstained on the ground that this Government had reservations of a major importance regarding some of the articles contained in the Statute. Consideration had been given to the possibility of a vote in favor of the Statute with a statement that such a vote on the part of the United States indicated merely a technical fulfillment of the Assembly’s directions to complete the Statute. It was felt, however, that the explanation of the vote would be lost sight of and that the affirmative vote would, therefore, generally be interpreted as a change in the United States position on the fundamental issue of internationalization.

The Statute was approved by the Council by a vote of 9–0–2 (UK, US) and a resolution adopted which requested the President of the Council to transmit the text to Jordan and Israel, to request their full cooperation in view of paragraph 2 of the General Assembly resolution, and to report on these matters to the Trusteeship Council at its seventh regular session.

Representatives of the Israeli Government have indicated to the Department that they consider the Statute to be a “completely unrepresentative and unrealistic document” and have indicated that Israel will be unable to cooperate in the implementation of the Statute. These representatives state that Israel will make a proposal to the Trusteeship Council which would:

(1) provide for a Statute for Jerusalem which would spring from the authority of the United Nations;

(2) provide for UN representation which would be wholly separate from the occupying states and would be a sovereign authority of the United Nations; and

(3) place full control of the Holy Places within Jerusalem, and possibly outside Jerusalem, in the UN representation.

The Government of the Hashemite Kingdom of the Jordan has given no indication since receipt of the Statute of its intentions. On the basis of its past attitude, however, it is expected that the Jordan Government will not accept the Statute.

The underlying objective of the United States in the Jerusalem problem is to achieve a solution which will meet with a considerable degree of concurrence by the world community and be acceptable to the two nations which are most directly involved.

As previously pointed out, the United States opposed the General Assembly resolution. It did so on the ground that the resolution was unrealistic since it could not be implemented by the United Nations against the wishes of Israel and Jordan without the use of substantial force. Moreover, if it were possible to impose upon Israel and Jordan, who presently occupy Jerusalem, a solution which did not meet with their agreement, constant friction would result. This situation would detract from the viability of the solution and from the peace and stability of the area. Consequently, the Trusteeship Council would be unwise to disregard these factors and to attempt to proceed immediately as directed by the General Assembly with the implementation of the Statute “without permitting any actions taken by any government to divert it from this task”. The alternative would be for the Council to inform the Assembly of its actions as regards the completion of the Statute and of the replies received from Israel and Jordan.

The present indications are that Israel and Jordan will not be able to reach any agreement between themselves on the Jerusalem question prior to the Trusteeship Council’s consideration of the problem during the first week of June. The Israeli Government, however, will include in its reply to the Trusteeship Council’s request for cooperation the proposal outlined above. The terms of reference for the Trusteeship Council as contained in the General Assembly resolution do not permit the Council to undertake detailed consideration of solutions other than that approved by the General Assembly. The Council should, however, transmit any such proposals to the General Assembly for its consideration.

With a report from the Trusteeship Council containing the completed Statute, the replies of the parties concerned, and any proposals made by those parties, the General Assembly would be in full possession of the facts which would enable it to make a new appraisal of the situation and to inform the Trusteeship Council of any further steps which it should take.

1. The IO Files are the master files of the Reference and Documents Section of the Bureau of International Organization Affairs of the Department of State, comprising the official UN documentation and classified Department of State records on United States policy in the UN Security Council, Trusteeship Council, Economic and Social Council, and various special and ad hoc committees for the period from 1946 to currency.
2. This Resolution dealt with the question of the former Italian colonies. Presumably Resolution 303 (IV) of December 9, 1949, was intended.