320/1–2452: Telegram
The Secretary of State to the United States Representative at the United Nations (Austin)
priority
Gadel 850. Re Membership (Delga 1179 and 1180). While not enthusiastic re referral to ICJ, Dept willing support referral if Itals desire and if there is general sentiment in favor.
If matter to be referred to ICJ, Dept believes question submitted shld be calculated to assure ICJ will consider question and increase likelihood desirable decision. Dept therefore does not favor LA proposal Delga 1180. Preamble confuses issues, and at least first question calls for general exposition on SC voting which is difficult and unfruitful to give, and which ICJ may well refuse undertake.
Dept believes, if question submitted, it shld be along lines Nisot proposal Delga 1179. Dept prepared accept question as there drafted, although we have some difficulty with word “recognizing”. It is not clear whether an explicit statement that applicant is qualified is contemplated, or whether recognition of qualification can be inferred indirectly, e.g., from Sov willingness include Italy in omnibus Res.
Dept has taken position membership application is subject to veto. We are reluctant to go to ICJ on question the answer to which in our opinion is clear. However, if LA states and others insist, we wld support Res which submits two questions to ICJ: (1) Question contained in final Para LA proposal Delga 1180 and (2) Nisot question.
[Page 448]Suggest you consult with LAs, Itals and others re this matter, but it is desirable others take lead this aspect membership question and Del shld not cosponsor without prior consultation Dept.