154. Note From the Secretary of State to the President1

Dear Mr. President: Here is the most recent draft of resolution, which was cabled up to Lodge last night,2 and also a hastily dictated memorandum indicating roughly our present position.

Faithfully yours,

John Foster Dulles3

[Attachment 1]

Draft Resolution Prepared in the Department of State4

The General Assembly of the United Nations

Conscious of the Purpose of the United Nations, expressed in Article 1 of the Charter, to suppress acts of aggression and other breaches of the peace and to bring about the settlement of international disputes by peaceful means and in conformity with the principles of justice and international law;

Recalling the disregard on many occasions by parties to the Israel-Arab Armistice Agreements of 1949 of the terms of such agreements;

Desiring to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained;

Noting that Israel has since 29 October 1956, violated, with military force, the territorial integrity of Egypt, and has occupied by force the Gaza Strip, all in breach of the basic Charter undertaking of all members not to use force to settle international disputes and not to violate the territorial integrity of another state, and in disregard of the repeated efforts of the United Nations to bring about Israel’s withdrawal behind the Armistice line;

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Noting further that Israel, despite the repeated calls of this General Assembly, continues in possession of the Sharm-el-Sheikh area on the Straits of Tiran at the entrance to the Gulf of Aqaba and in possession of the Gaza Strip;

Noting that the Secretary General’s report of 24 January 1957 dealing with the Straits of Tiran states that no claim to belligerent rights should be exercised in the Gulf of Aqaba and the Straits of Tiran and that upon the withdrawal of Israeli troops from Sharm-el-Sheikh, the United Nations Emergency Force would move into the area to function in support of mutual restraints and that on 22 February this General Assembly adopted a resolution calling for the implementation of this report;

Noting further that the General Assembly in its Resolution of 2 February with reference to the Gaza Strip called for the placing of the United Nations Emergency Force on the Armistice demarcation line following the withdrawal of Israel from the Sharm-el-Sheikh and Gaza areas and that the Secretary General on 11 February made a further report indicating that there will be established in the Gaza area, with the acquiescence of Egypt, a United Nations administration designed to provide effective and efficient police protection; guarantee good civilian administration, assure maximum assistance to the United Nations Refugee Program and protect and foster the economic development of the territory and its people;

Renews its call upon Israel promptly to withdraw behind the Armistice line;

[Declares that failure of Israel to withdraw within ten days from the passage hereof calls for condemnation by the United Nations and also in that event;]5

Calls upon all governments, upon such failure and until Israel withdraws, to withhold assistance to Israel, and in general to regulate their peaceful intercourse with Israel as to bring about respect for the Purposes and Principles of the United Nations Charter and the recommendations of this General Assembly calling for withdrawal;

Urges the parties concerned to cooperate with the Secretary General in giving effect, immediately upon the withdrawal of Israel, to the provisions of its Resolution II of 2 February 1957 concerning the placing of the United Nations Emergency Force on the Egyptian-Israeli Armistice demarcation line and the implementation of other measures proposed in the Secretary General’s report of 24 January 1957, with a view to assist in achieving situations conducive to the maintenance of peaceful conditions in the area;

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Pledges itself, when Israel has withdrawn, to assist the parties concerned to achieve by peaceful means the settlement of outstanding disputes between them, in conformity with the principles of justice and international law;

Requests the Advisory Committee, established by the General Assembly Resolution of November 7, 1956, to consider and recommend to this General Assembly from time to time, if need be in special session, the further measures appropriate to achieve the objectives of this Resolution.

[Attachment 2]

Memorandum From the Secretary of State to the President5

With respect to the Straits of Aqaba Israel has the following:

1.
Assurance that upon its withdrawal the forces of the United Nations Emergency Force will move in;
2.
That their purpose, among other things, will be to restrain the exercise there of belligerent rights which would prevent passage;
3.
The willingness of the principal maritime powers to declare that they recognize that the Gulf of Aqaba and the Straits of Tiran are free for passage and that this freedom will, in fact, be exercised;
4.
Acquiescence by the United States, and presumably others, in an Israeli declaration that the use of armed force to prevent passage of Israeli ships would be and “are an armed attack” within the meaning of Article 51 of the Charter giving rise to the right of self-defense.

Israel has indicated that it, in fact, finds the foregoing as an adequate basis for withdrawal.

With respect to Gaza Israel has the following:

1.
Assurance that upon its withdrawal the forces of the UNEF will move in;
2.
That the function of the United Nations forces will prevent violation of the Armistice line;
3.
That there will be established, with the acquiescence of Egypt, a United Nations Administration which for an undefined period will be designed to provide police protection, civilian administration, assist in the United Nations Refugee Program and protect and foster the economic development of the territory and its people.

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While it is indicated the duration is indefinite, it can be assumed that it will be for a considerable time in view of the fact that one of the accepted purposes is to “foster the economic development of the territory and its people” which is not a short-term proposition.

Israel so far finds this unacceptable because it wishes “guarantees” that Egypt will never return to the Gaza Strip. However, under the Armistice Agreement Egypt has a right of occupancy and there is no way in which the United Nations or Israel can take this right away without Egypt’s consent and Egypt does not consent, although it acquiesces in the exercise of administrative functions through a United Nations Commission, as indicated.

It is submitted that Israel should withdraw on the basis of the foregoing. It will have a generally accepted right to use force again if its shipping is forcibly barred from the Gulf of Aqaba.

As regards Gaza, if Israel withdraws in accordance with the United Nations Resolutions and thus shows its regard for international opinion and if the situation subsequently deteriorates so that the Strip becomes a menace to Israel, then Israel will have a case for seeking relief by its own action which is at least as good a case as it can make for remaining in Gaza in defiance of the repeated appeals of the United Nations.

Israel will then have given the United Nations program a chance to work and there is a very good prospect that the program will work and that there will never be the deterioration which Israel professes to fear.

The enjoyment of the rights of Israel in Aqaba is dependent on the solution of the Gaza problem and vice-versa, and both require the continuance of the 1949 Armistice Agreement.

  1. Source: Department of State, Central Files, 320/2–2657. Secret. A marginal notation on the source text reads: “Mollet & Pineau saw”. Mollet visited Washington February 26–27. Documentation concerning his visit is Ibid., Conference Files: Lot 62 D 181, CF 833A.
  2. According to Gadel 154 to USUN, February 26, the text of the draft resolution was telephoned and not cabled to Lodge during the evening of February 25. (Ibid., 674.84A/2–2657)
  3. Printed from a copy that bears this typed signature.
  4. Secret. Drafted by Dulles. Notations on the source text describe the document as an “unofficial working paper”, and indicate that it is the ninth draft. A copy is in the Eisenhower Library, Whitman File, DullesHerter Series.
  5. Brackets in the source text. Marginal notations indicate ‘This is not the final change”.
  6. The Department of State copy of the memorandum was detached from the covering note by Dulles and is in Department of State, Central Files, 674.84A/2–2657.