Foreign Relations of the United States, 1951, The Near East and Africa, Volume V

330/5–151: Telegram

The Secretary of State to the United States Mission at the United Nations¹

confidential

Washington, May 1, 1951—7 p. m.

891. Fol Dept’s draft res re Syrian and Israel complaints before SC.

“The Security Council

1. Recalling its past res of Aug 11, 1949² and Nov 17, 1950 relating to Armistice Agreements between Israel and the neighboring Arab States and to provisions contained therein concerning methods for maintaining Armistice and resolving disputes through Mixed Armistice Commissions participated in by parties to Armistice Agreement;

2. Noting the complaints of Syria and Israel to SC, statements in Council of reps of Syria and Israel, the reports to Secy Gen of UN by Chief of Staff and Act Chief of Staff of JN Truce Supervision Org for Palestine, and statements before Council of the Chief of Staff of UN Truce Supervision Org for Palestine;

3. Declares that in order to promote return of permanent peace in Palestine, it is essential that govts of Israel and Syria observe faithfully Gen Armistice Agreement dated July 20, 1949;

4. Notes that Israel and Syria by Arts 4 and 5 of Armistice Agreement estab a demilitarized zone between them in interest of ensuring maintenance of their Armistice and accordingly agreed upon certain provisions for return of normal civilian life in and internal security of zone;

5. Notes that under Armistice Agreement where interpretation of meaning of a particular provision of the Agreement, other than preamble and Arts I and II, is at issue the Mixed Armistice Commission’s interpretation shall prevail;

6. Calls upon govts of Israel and Syria to bring before Mixed Armistice Commission for its consideration the complaints of which SC is presently seized, except that alluded to in para 9 of this res, and to abide by decisions of Mixed Armistice Com;

7. Reminds Govt of Israel that it is inconsistent with objectives and intent of Armistice Agreement to refuse to participate in meetings of Mixed Armistice Commission or to fail to respect requests of chairman of Mixed Armistice Commission as they relate to his obligations under Art V and calls upon the parties to be represented at all mtgs called by chairman of Commission and to respect such requests.

8. Considers that that Chairman of MAC is entitled to consider disputes concerning extent to which either party to Armistice Agreement is free to undertake civilian activities in demilitarized zone, to determine, where appropriate, the conditions under which such activities shall take place, and to take action to ensure that demilitarized zone shall be respected in accordance with letter and spirit of Armistice Agreement.

9. Brings to atten of govts of Syria and Israel their obligations under Art 2, para 4 of Charter of UN and their commitments under Armistice Agreement not to resort to mil force and finds that aerial action taken by forces of govt of Israel Apr 5, 1951 is violation of terms of Armistice Agreement and inconsistent with obligations of Israel under Charter;

10. Noting complaint with regard to evacuation of Arab residents from demilitarized zone, (a) decides that Arab civilians who have been removed from demil zone without their consent by govt of Israel shld be permitted, to return forthwith to their homes and that Mixed Armistice Com shld supervise their return and rehabilitation in manner to be determined by Commission; and (b) holds that no action involving transfer of persons across internatl frontiers, armistice lines, or within demil zone shld be undertaken without the prior decision of the Mixed Armistice Commission;

11. Reminds parties of their obligations under Charter to settle their internatl disputes by peaceful means in such manner that internatl peace and security are not endangered, and expresses its concern at failure of govts of Israel and Syria to achieve progress pursuant to their commitments under Armistice Agreement to promote return of permanent peace to Palestine.

12. Calls upon Chief of Staff of UN Truce Supervision Com to report to SC at end of 30 days on compliance given to this res.

13. Requests the Secy Gen to furnish such additional personnel and assistance as Chief of Staff of Truce Supervision Org may request in carrying out this res and Council’s res of Nov 17 1950.”

Dept considers inclusion para 10 a desirable but suggests USUN obtain Gen Eiley’s approval thereto.

Dept wld appreciate comments Emb Tel Aviv and Leg Damascus.³

Acheson

1. Telegram drafted by Messrs. Bechhoefer, Ludlow, and Waldo, and cleared with NE and UNA. Sent also to Damascus and Tel Aviv, and repeated for information to London and Paris.
2. For text, see U.N. Doc. S/1376, I.

3. In telegram 894 to New York, May 2, drafted by Mr. Ludlow and cleared by UNP and NE, the Department transmitted a paragraph to be added to the resolution:

   “Noting with concern the repeated refusal of Israeli authorities to permit UN observers to perform their legitimate functions, calls to the attention of Israel the view of the Council that the parties shld permit access at all times for observers and officials of TSO whenever such access is requested in the pursuance of their functions and to render every facility which may be requested by the Chairman of the MAC in the interests of assuring access to localities subject of a complaint.” (357.AC/5–251)