772.00/10–1052: Telegram

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

secret

165. Re talk with Bokhari on Tunisia, urtel 342.2 We desire be certain there is no misunderstanding re US position on question GA jurisdiction to deal with Tunisian problem. As set forth in Dept position paper,3 Tunisian question is not matter essentially within domestic jurisdiction of France. Accordingly, question of what, if any, types of GA action might constitute “intervention” within meaning of Art 2 (7) of Charter does not arise. Position paper makes clear US view that Assembly is competent to discuss and make recommendations concerning [Page 820] subject matter of Tunisian item. This competence is not limited to actions which fall short of “intervention” as that term is used in Art 2(7).4

Accordingly, suggest you take early opportunity in discussion with Bokhari to make clear above US view concerning GA competence re Tunisian item. This point, of course, is separate from question of type of resolution which US, from political point of view, wld believe appropriate or acceptable.

Acheson
  1. This telegram was drafted by Meeker (L/UNA) and cleared with EUR and Popper (UNP) by phone. Signed by Meeker.
  2. Presumably, this reference is to USUN telegram 343, Oct. 9, which reported Bokhari had asked for the U.S. view on the question of competence, particularly as it related to the nature of a General Assembly resolution. (772.00/10–952)
  3. Dated Oct. 4, p. 816.
  4. A section on p. 14 of the Oct. 4 position paper, under the heading “Competence of the General Assembly,” read as follows: “In our view, Tunisia is a sovereign state, and the current Tunisian situation arises out of the basic treaty relationship between the two States. Under the protectorate treaty, France was granted the right to exercise certain aspects of Tunisian sovereignty, especially those concerning the conduct of foreign affairs and national defense, but Tunisia remains sovereign and a state in international law. Accordingly, in our view the Tunisian situation is not a matter ‘essentially within the domestic jurisdiction’ of France within the meaning of Article 2 (7) of the Charter, and the Assembly’s authority to discuss and recommend is clear.”