795.00/7–1750: Telegram
The Secretary of State to the Embassy in the United Kingdom
303. Dept appreciates measure of agreement indicated in last para Embtel 264, July 12,1 re legal basis of action in Korea. Dept shares FonOff desire for full understanding in this matter in order meet Communist allegations of illegality with a common UK–US position.
It is of course clear that even without any SC action US would have been justified under general principles of international law, which are recognized in Art 51 of Charter, in coming to assistance of Republic of Korea. However, US position is that initial action prior to June 27 also was in accord with SC Res of June 25. In justifying action, US position is that no differentiation should be made between period before and after June 27 since President’s action seeks to accomplish objectives of both Resolutions.
Dept suggests Embassy in its discretion inform FonOff of above views which parallel line taken in discussions between US and UK Dels New York.
- Telegram 264 not printed; the paragraph referred to indicated that the United States and the United Kingdom were in agreement that the action at present being taken in Korea under the Security Council resolution of June 27 was in pursuance of Article 39 of the U.N. Charter (795.00/7–1250).↩