315.3/12–1154: Circular telegram
The Secretary of State to Certain Diplomatic Missions
priority
301. 1. U.S. most anxious ensure passage GA resolution containing provision accept in principle establishment procedure for judicial review judgements made by UN Administrative Tribunal. If principle accepted now GA expected during Tenth Session take action safeguard its powers and those SYG and prevent future ill advised opinions such as Tribunal gave when awarding $180,000 damages eleven UN employees U.S. nationality dismissed by SYG for invoking Fifth Amendment and refusing answer questions re subversive activities.
2. ICJ in advisory opinion last July held that under Tribunal’s Statute GA has no right refuse payment awards. Payment inevitable but U.S. able negotiate least objectionable method financing award from UN resources. Owing our traditional respect judicial opinions, [Page 410] USDel has stated U.S. will abide by Court’s finding despite our sharp disagreement.
3. U.S. aims on above issues were contained single resolution co-sponsored U.S., Argentina, Canada, Chile, Cuba, Turkey and considered Dec. 9 in Fifth Committee. Belgium, with Brazil, Egypt, India, Norway and Pakistan proposed an amendment eliminating the acceptance in principle of judicial review feature stated in paragraph one above and substituting language which inter alia requests Member States to communicate to the SYG before 1 July 1955 their views on possible establishment appeal procedure against judgments of Tribunal. Following delegations voted in favor Belgian amendment: Belgium, Brazil, Burma, Costa Rica, Czechoslovakia, Denmark, Ecuador, Egypt, El Salvador, France, Iceland, India, Indonesia, Luxembourg, Mexico, Netherlands, New Zealand, Norway, Pakistan, Peru, Poland, Saudi Arabia, Sweden, Syria, Ukraine, USSR, Yemen, Yugoslavia, U.S., South Africa, Turkey, Thailand, Philippines, Paraguay, Panama, Nicaragua, Liberia, Lebanon, Iraq, Iran, Honduras, Guatemala, Greece, Dominican Republic, Cuba, China, Chile, Canada, Byelorussia, Bolivia, Australia, Argentina. Abstentions UK, Israel, Venezuela and Colombia, latter two indicating privately they favored Belgian amendment but did not wish vote against us. Haiti and Uruguay were absent and did not vote although both had pledged their support. Total vote 28 for amendment, 24 against and 4 abstentions. Resolution as whole approved vote 28 for, three against (U.S., China, Turkey) and 27 abstentions: Argentina, Bolivia, Byelorussia, Canada, Chile, Colombia, Cuba, Czechoslovakia, Dominican Republic, Greece, Guatemala, Honduras, Iran, Israel, Lebanon, Liberia, Nicaragua, Panama, Paraguay, Philippines, Poland, Thailand, South Africa, Ukraine, USSR, Yemen.
4. Subject to be considered at GA Plenary Session probably Dec. 15 when US plans re-introduce acceptance in principle judicial review as substitute for Belgian amendment. U.S. proposal which UK will co-sponsor with previous co-sponsors expected have more appeal than defeated version, since omits provision suspending payments future awards until review procedure operative. Doubt U.S. proposed amendment will carry however without special appeal at seat certain Governments not fully determined support Belgian view.
5. As situation stands, failure obtain approval acceptance in principle item means awards will be paid leaving U.S. with no assurance Tribunal Statute will be amended. Department seriously concerned consequences such failure. One basic consideration is passage last fall House–Senate Resolution 262 expressing sense of Congress that all possible steps be taken by U.S. delegation to prevent payment awards. Amb. Lodge, Sens. Fulbright and Smith convinced outcome this question has important bearing U.S. support UN.
[Page 411]6. Unless you perceive significant objections you requested approach FonOff seek support proposed U.S. resolution through urgent instructions their GA Del. Vote by Dec. 15 likely. If vote for resolution clearly not possible seek abstention since two thirds vote required to carry.
7. In justification U.S. position and record on whole subject you may wish mention following concessions:
- a)
- Acceptance Court’s opinion
- b)
- Agreement to pay past awards and method of financing
- c)
- Withdrawal position that GA act now on amendment Tribunal Statute
- d)
- Withdrawal position that review should be by GA
- e)
- Dropping suspension of payments feature noted para 4 above
- f)
- Willingness approach with open mind question how judicial review procedure would be developed. (Our proposed resolution provides for 15 member committee to develop procedure report Tenth GA)
You may wish also mention many Dels have spoken favorably moderate and reasonable attitude US has maintained on subject.
8. Report urgently your approach.