320/1–1652: Telegram

The Acting Chairman of the United States Delegation to the General Assembly (Roosevelt) to the Secretary of State

confidential
priority

Delga 1064. Re: Membership. Gadel 722, further Delga 1021. Fol redraft Belaunde proposal prepared in light reftel and accepted by Belaunde. He will put it before LA caucus Thurs or Fri and believes with our support this will be main theme membership discussion and will head off any Central American efforts vote Italy in at this session. He added his own sampling indicates there wld not be two-thirds support for that course; therefore he has himself dropped it.

“The GA,

1.
Taking into consideration that charter of UN provides that membership is open all states not original members organization and this universality subject only conditions they be peace-loving and accept obligations contained in charter; and judgment of organization they willing and able carry out these obligations and are otherwise qualified for membership ought be based on objective reality decided upon ascertained facts; and such facts include such subjects as: Maintenance friendly relation with other states, fulfillment international relations with other states, fulfillment international obligations and [Page 429] record of state’s willingness and present disposition submit international claims or controversy to pacific means settlement established by international law;
2.
Taking into consideration that according to advisory opinion ICJ of 28 May 1948, a member of UN voting on state who is applicant for membership in UN is not juridically entitled to make its consent to admission dependent on conditions not expressly provided by para 1, art 4 of charter; and this opinion excludes possibility that, consistently with letter and spirit of charter, members can base their votes on motives which are outside scope art 4 of charter;
3.
Taking into consideration, not only for these reasons, but also according to principles of international justice, that it not possible deny to states candidates for membership in UN right to present proofs on facts such as those recited para 1;
4.
Declares the judgment of the organization on admission new members ought be based exclusively on juridical conditions contained art 4 of charter;
5.
Invites all states applying for membership to present to SC and GA pursuant to procedures established by their respective rules procedure all appropriate evidence relating their qualifications under art 4 of charter, such as treaties to which they parties establishing friendly relations with other states, and instruments or conventions for peaceful solution their international problems;
6.
Recommends that SC reconsider all pending applications for membership as well as future applications in light such pacts as states applicants for membership may present; and that SC base its action exclusively on conditions contained in charter and on basis of facts establishing the existence these conditions.”

Roosevelt