663.001/4–251: Telegram
The Secretary of State to the Legation in Austria 1
2016. Second para Deptel 1961 Mar 28 (506 to Paris)2 said “US Govt cannot prevent Aust appeal to Intl Court or UN but feels initiative must come from Aust Govt and only after all other means exhausted”. Dept wishes supplement quoted para as follows:
Austria wld have no way of bringing treaty matter before ICJ. Austria is not member of UN or party to Statute of ICJ. Nor is Court now open to Austria under Art 35(2) of Statute of ICJ. In any event, USSR has not accepted Court’s compulsory jurisdiction. Consequently, even if Austria herself took all necessary steps, Austria wld be unable bring USSR before ICJ.
Re Aust appeal to UN on initiative Aust Govt, it wld be more difficult for Austria herself to bring case before SC or GA than for Western powers to do so. Art 35(2) of UN Charter specifically provides for state which is not UN member to bring to attn of SC or GA any “dispute to which it is a party”. UN consideration under other provisions of Charter might perhaps also be undertaken on Aust initiative. But Aust Govt’s raising Aust problem, instead of Western powers doing so, wld enhance probable opposition to UN consideration on ground of Art 107 of UN Charter. Art 14 of Charter wld be most appropriate basis for raising Aust problem in UN. This cld be done in GA by Western powers, as Secy Marshall indicated at Moscow CFM might need to be done if USSR continued to obstruct Aust treaty.3
- Drafted-by Leonard C. Meeker, Assistant Legal Adviser for United Nations Affairs and cleared with UNP, WE, EUR, and S/S. Repeated to Paris for Jessup.↩
- Supra.↩
- In telegram 2224 from Vienna, April 4, Donnelly informed the Department of State that the Austrian Foreign Office had no intention of proceeding precipitately with any appeal to the International Court of Justice or the United Nations. (663.001/4–451)↩