330/5–1451: Telegram
The Secretary of State to the United States Mission at the United Nations1
926. Fol is text tentative draft res to be circulated to UNSC mbrs Tuesday May 15 concerning Syrian-Israeli question. It is anticipated US, UK, Fr and Turkey will co-sponsor res. All paras except 3 and 8 have been agreed to by those countries. Anticipate agreement paras 3 and 8 will be forthcoming prior tabling of res:
“The Security Council:
1. Recalling its past resolutions of July 15, 1948, Aug 11, 1949, Nov 17, 1950 and May 8, 1951 relating to the Armistice Agreements bet Israel and the neighboring Arab States and to the provisions [Page 682] contained therein concerning methods for maintaining the Armistice and resolving disputes through the Mixed Armistice Commissions participated in by the parties to the Armistice Agreement;
2. Noting the complaints of Syria and Israel to the SC, statements in the Council of the representatives of Syria and Israel, the reports to the SYG of the UN by the Chief of Staff and the Actg Chief of Staff of the UN Truce Supervision Organization for Palestine, and statements before the Council by the Chief of Staff of the UN Truce Supervision Organization for Palestine;
3. Noting that the Chief of Staff of the Truce Supervision Org in a memo of Mar 7, 1951, and the Chairman of the Syrian-Israel Mixed Armistice Commission on a number of occasions have requested the Israel delegation to the Mixed Armistice Commission to insure that the Palestine Land Development Co., Ltd, is instructed to cease all operations in the Demil Zone until such time as an agreement is arranged through the Chairman of the Mixed Armistice Commission for continuing this project, and
Noting further that Article V of the General Armistice Agreement gives to the Chairman the responsibility for the general supervision of the Demil Zone,
Endorses the requests of the Chief of Staff and the Chairman of the Mixed Armistice Commission on this matter and calls upon the Govt of Israel to comply with them.
4. Declares that in order to promote return of permanent peace in Palestine, it is essential that the Govts of Israel and Syria observe faithfully the General Armistice Agreement of July 20, 1949;
5. Notes that under Art 7, para 8, the Armistice Agreement where interpretation of meaning of a particular provision of the Agreement, other than the preamble and Arts I and II, is at issue, the Mixed Armistice Commission’s interpretation shall prevail.
6. Calls upon the Govts of Israel and Syria to bring before the Mixed Armistice Commission or its Chairman, whichever has the pertinent responsibility under the Armistice Agreement, their complaints and to abide by the decisions resulting therefrom.
7. Considers that it is inconsistent with objectives and intent of the Armistice Agreement to refuse to participate in meetings of the Mixed Armistice Commission or to fail to respect requests of the Chairman of the 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 the Chairman of the Commission and to respect such requests.
8. Takes note that the fol excerpt cited by the Chief of Staff of TSO at 542 mtg of the SC on April 25, 1951, as being from the Summary Record of the Syria–Israel Armistice Conference of July 3, 1949 was agreed to by the parties as an authoritative comment on Art V of the Syria–Israel Armistice Agreement:2
‘The question of civil administration in villages and settlements in the Demil zone is provided for, within the framework of an armistice agreement, in sub-paras 5(b) and 5(f) of the draft Art. [Page 683] Such civil administration, including policing, will be on a local basis, without raising general questions of administration, jurisdiction, citizenship, and sovereignty.
‘Where Israeli civilians return to or remain in an Israeli village or settlement, the civil administration and policing of that village or settlement will be by Israelis. Similarly, where Arab civilians return to or remain in an Arab village, a local Arab administration and police unit will be authorized.
“As civilian life is gradually restored, administration will take shape on a local basis under the general supervision of the Chairman of the Mixed Armistice Commission.
‘The Chairman of the Mixed Armistice Commission, in consultation and cooperation with the local communities, will be in a position to authorize all necessary arrangements for the restoration and protection of civilian life. He will not assume responsibility for direct administration of the zone.’
9. Recalls to the Government of Syria and Israel their obligations under Art II, para 4 of the Charter of the UN and their commitments under the Armistice Agreement not to resort to mil force and finds that: (a) aerial action taken by the forces of the Govt of Israel on Apr 5, 1951 and (b) any aggressive mil actions by either of the parties in or around the Demil zone, which further investigation by the Chief of Staff of the Truce Supervision Org into the reports and complaints recently submitted to the Council may establish, constitute a violation of the cease fire provision provided in the SC Res of Jul 15, 1948 and are inconsistent with the terms of the Armistice Agreement and the obligations assumed under the Charter.
10. Noting the complaint with regard to the evacuation of Arab residents from the Demil zone: (a) considers that Arab civilians who have been removed from the Demil zone by the Govt of Israel shld be permitted to return forthwith to their homes and that the Mixed Armistice Commission shld supervise their return and rehabilitation in a manner to be determined by the Commission; and (b) considers that no action involving the transfer of persons across intl frontiers, armistice lines or within the Demil zone shld be undertaken without the prior decision of the Chairman of the Mixed Armistice Commission.
11. Noting with concern the refusal on a number of occasions to permit observers and officials of the Truce Supervision Org to enter localities and areas which were subjects of complaints in order to perform their legitimate functions, considers that the parties shld permit such entry at all times whenever this is required, to enable the Truce Supervision Org to fulfill its functions, and shld render every facility which may be requested by the Chairman of the Mixed Armistice Commission for this purpose.
12. Reminds the parties of their obligations under the Charter of the UN to settle their intl disputes by peaceful means in such manner that intl peace and security are not endangered and expresses its concern at the failure of the Govts of Israel and Syria to achieve progress pursuant to their commitments under the Armistice Agreement to promote the return to permanent peace in Palestine.
13. Directs the Chief of Staff of the Truce Supervision Org to take the necessary steps to give effect to this Res for the purpose of restoring [Page 684] peace in the area and authorizes him to take such measures to restore peace in the area arid to make such representations to the Govts of Israel and Syria as he may deem necessary.
14. Calls upon the Chief of Staff of the Truce Supervision Org to report to the SC on compliance given to this Res.
15. Requests the SYG to furnish such additional personnel and assistance as the Chief of Staff of the Truce Supervision Org may request in carrying out this Res and the Council’s Resolutions of May 8, 1951 and Nov 17, 1950.”
While Damascus free use substance above with AL dels, text shld not be made available to them before Dept authorizes.
- Telegram drafted by Mr. Waldo and Mr. Kopper; transmission approved by Mr. Waldo on behalf of Mr. Jones. Date of drafting does not appear on this telegram.↩
- In a memorandum for the files of May 15, Mr. Hickerson indicated that he had agreed during a telephone conversation that evening with Ambassador Gross to changes which brought the language of this sentence to its final form, in order to secure agreement among the cosponsors. Mr. Hickerson stated that the changes were subsequently approved by Mr. Waldo for NE. (UNP Files: Lot 59 D 237)↩