Opening the discussion in the Secretary’s office, Ambassador
Eban suggested that the
group examine the revised text of the Israeli declaration as
approved by his Government.2 In the course of the ensuing
discussion a number of modifications and corrections were made in
the text.
The Secretary suggested that a series of paragraphs summarizing the
position of the United States as expressed in its February 11, 1957
aide-mémoire be replaced by a more general reference to the United
States aide-mémoire. Ambassador Eban agreed.
Mr. Phleger noted that in the
section dealing with Gaza, the declaration spoke of Israel’s
expectation that the UN “will be the
sole agency” to be utilized in Gaza for performing the functions set
forth by the Secretary General in his statement of February 22. He
suggested that the word “sole” be deleted as unnecessary. Ambassador
Eban replied that his
Government attached the greatest importance to this idea.
The Secretary pointed out that if the word “sole” were deleted, the
remaining language (“will be the agency”) would imply the same
meaning without attracting a contradictory statement from Egypt.
Ambassador Eban agreed to
consider this point further. [Note: The word
“sole” was omitted from the declaration as read by Mrs. Meir in the Assembly, March 1.]5
The Secretary also expressed the hope that Israel would not take an
extreme position which would exclude even one or two Egyptian
civilians in some appropriate capacity under the UNEF. He pointed
out that the situation might even require a few Israeli civilians.
He hoped that Israel would not regard “sole” administration by the
UN as a breaking point.
A number of other changes, largely of a clarifying or stylistic
nature, were also agreed upon. Ambassador Eban undertook to have a revised copy of the Israeli
declaration delivered to the Department later in the evening.6
After expressing the hope that they might soon see a text of the U.S.
statement, Ambassador Eban
stated that his Prime Minister intended to write to President
Eisenhower pointing out
that Israel is undertaking its withdrawal largely on the basis of
the President’s statement of February 20 and the U.S. memorandum of
February 11, [Page 313] and as an act
of faith in the continued vigilance of the U.S. with regard to this
situation. The Secretary said he believed he could assure the
Ambassador of a prompt reply by the President.
There followed a brief discussion of the need for associating as many
other governments as possible in general supporting statements. The
Secretary noted also the need for bringing the Secretary General up
to date and undertook to talk with him. He expressed the view that
Israel should not expect any statement from the Secretary General
beyond a brief remark referring to General Burns’ readiness to make the
necessary arrangements for a speedy take-over.
[Attachment]
TEXT OF ISRAELI DECLARATION AS REVISED FOLLOWING DISCUSSION IN
SECRETARY’S OFFICE, FEBRUARY 28
The Government of Israel is now in a position to announce its
plans for full and prompt withdrawal from the Sharm-el-Sheikh
area and the Gaza Strip, in compliance with Resolution I of
February 2, 1957.
We have repeatedly stated that Israel has no interest in the
strip of land overlooking the western coast of the Gulf of
Aqaba. Our sole purpose has been to ensure that, on the
withdrawal of Israeli forces, continued freedom of navigation
will exist for Israel and international shipping in the Gulf of
Aqaba and the Straits of Tiran. Such freedom of navigation is a
vital national interest for Israel. But it is also of importance
and legitimate concern to the maritime powers and to many States
whose economies depend upon trade and navigation between the Red
Sea and the Mediterranean Sea.
There has recently been an increasingly wide recognition that the
Gulf of Aqaba comprehends international waters in which the
right of free and innocent passage exists.
On February 11, 1957, the Secretary of State of the United States
of America handed to the Ambassador of Israel in Washington a
Memorandum on the subject of the Gulf of Aqaba and the Straits
of Tiran.
This statement discusses the rights of nations in the Gulf of
Aqaba, declares the readiness of the United States to exercise
those rights on its own behalf, and to join with others in
securing general recognition of those rights.
My Government has subsequently learnt with gratification that
other leading maritime powers are prepared to subscribe to the
doctrine set out in the U.S. Memorandum of February 11, and have
a similar intention to exercise their rights of free and
innocent passage in the Gulf and the Straits.
[Page 314]
The Memorandum conveyed by the United States to the Government of
Israel on February 11 notes that, in the contemplation of the
General Assembly’s Resolution (II) of February 2, 1957, units of
UNEF will move into the Straits of Tiran area on Israel’s
withdrawal. It is generally recognized that the function of UNEF
in the Straits of Tiran area includes the prevention of
belligerent acts.
In this connection my Government recalls the statements by the
representative of the United States in the General Assembly on
January 28 and February 2, 1957, with reference to the function
of UNEF units which are to move into the Straits of Tiran area
on Israel’s withdrawal. The statement of January 28, repeated on
February 2, said:
“It is essential that units of the United Nations
Emergency Force be stationed at the Straits of Tiran in
order to achieve there the separation of Egyptian and
Israeli land and sea forces. This separation is
essential until it is clear that the non-exercise of any
claimed belligerent rights has established in practice
the peaceful conditions which must govern navigation in
waters having such an international interest.”
My Government has been concerned with the situation which would
arise if the UNEF, having taken up its position in the Straits
of Tiran area for the purpose of assuring non-belligerency, were
to be withdrawn, in conditions which might give rise to
interference with free and innocent navigation, and, therefore,
to the renewal of hostilities. Such a premature cessation of the
precautionary measures taken by the U.N. for the prevention of
belligerent acts would prejudice important international
interests and threaten peace and security. Accordingly, my
Government has sought and obtained an assurance, embodied in the
Secretary-General’s Report of 26 February, 1957, that any
proposal for the withdrawal of UNEF from the Gulf of Aqaba area
would first come to the Advisory Committee, which represents the
General Assembly in the implementation of its resolution of
November 2, 1956. It is our understanding that this procedure
would give the General Assembly an opportunity to ensure that no
precipitate changes were made which would have the effect of
increasing the possibility of belligerent acts. We have reason
to believe that in such a discussion many members of the U.N.
would be guided by the view expressed by Ambassador Lodge on February 2 in favor
of maintaining UNEF in the Straits of Tiran until peaceful
conditions were in practice assured.
In the light of these doctrines, policies and arrangements by the
U.N. and the maritime powers, my Government is confident that
free and innocent passage for international and Israel shipping
will continue to be fully maintained after Israel’s
withdrawal.
[Page 315]
It remains for me to formulate the policy of Israel both as a
littoral State and as a country which intends to exercise its
full rights of free passage in the Gulf of Aqaba and through the
Straits of Tiran.
The Government of Israel believes that the Gulf of Aqaba
comprehends international waters and that no nation has the
right to prevent free and innocent passage in the Gulf and
through the Straits giving access thereto, in accordance with
the generally accepted definition of those terms in the law of
the seas.
In its capacity as a littoral State, Israel will gladly offer
port facilities to the ships of all nations and all flags
exercising free passage in the Gulf of Aqaba. We have received
with gratification the assurances of leading maritime powers
that they foresee a normal and regular flow of traffic of all
cargoes in the Gulf of Aqaba.
Israel will do nothing to impede free and innocent passage by
ships of Arab countries bound to Arab ports, or to any other
destination.
Israel is resolved on behalf of vessels of Israel registry to
exercise the right of free and innocent passage and is prepared
to join with others to secure universal respect of this
right.
Israel will protect ships of its own flag exercising the right of
free and innocent passage on the high seas and in international
waters.
Interference, by armed force, with ships of Israel flag
exercising free and innocent passage in the Gulf of Aqaba and
through the Straits of Tiran, will be regarded by Israel as an
attack entitling her to exercise her inherent right of self
defence under Article 51 of the Charter, and to take all such
measures as are necessary to ensure the free and innocent
passage of her ships in the Gulf and in the Straits.
We make this announcement in accordance with the accepted
principles of international law under which all states have an
inherent right to use their forces to protect their ships and
their rights against interference by armed force. My Government
naturally hopes that this contingency will not occur.
In a public address on February 20, President Eisenhower stated: “We should
not assume that if Israel withdraws, Egypt will prevent Israeli
shipping from using the Suez Canal or the Gulf of Aqaba.” This
declaration has weighed heavily with my Government in
determining its action today.
Israel is now prepared to withdraw its forces from the Gulf of
Aqaba and the Straits of Tiran in the confidence that there will
be continued freedom of navigation for international and Israeli
shipping in the Gulf of Aqaba and through the Straits of
Tiran.
We propose that a meeting be held immediately between the
Chief-of-Staff of the Israel Defence Army and the Commander of
UNEF in order to arrange for the U.N. to take over its
responsibilities in the Sharm-el-Sheikh area.
[Page 316]
Gaza
The Government of Israel announces that it is making a complete
withdrawal from the Gaza Strip in accordance with the General
Assembly’s Resolution (I) of February 2, 1957. It makes this
announcement on the following assumptions:
- (a)
- that on its withdrawal the U.N. Forces will be
deployed in Gaza and that the takeover of Gaza from the
military and civilian control of Israel will be
exclusively by the UNEF;
- (b)
- it is further Israel’s expectation that the U.N. will
be the agency to be utilised for carrying out the
functions enumerated by the Secretary General in
Document A/PV/659,7 namely, “safeguarding life
and property in the area by providing effective and
efficient police protection; as will guarantee good
civilian administration; as will assure maximum
assistance to the U.N. refugee program; and as will
protect and foster the economic development of the
territory and its people.”
- (c)
- It is further Israel’s expectation that the above
mentioned responsibility of the U.N. in the
administration of Gaza will be maintained for a
transitory period from the takeover until there is a
peace settlement, to be sought as rapidly as possible,
or a definitive agreement on the future of the Gaza
Strip.
It is the position of Israel that if conditions are created in
the Gaza Strip which indicate a return to the conditions of
deterioration which existed previously, Israel would reserve its
freedom to act to defend its rights.
Accordingly, we propose that a meeting be held immediately
between the Chief-of-Staff of the Israel Defence Army and the
Commander of UNEF in order to arrange for the U.N. to take over
its responsibilities in the Gaza area.
For many weeks, amidst great difficulty, my Government has sought
to ensure that on the withdrawal from the Sharm-el-Sheikh and
the Gaza areas, circumstances would prevail which would prevent
the likelihood of belligerent acts. Israel considers that there
is no state of war between Israel and Egypt and will refrain, on
the basis of reciprocity, from any hostile action against
Egypt.
We record with gratitude the sympathetic efforts of many
Governments and Delegations to help bring about a situation
which would end the insecurity prevailing for Israel and her
neighbors these many years. In addition to the considerations to
which I have referred, we place our trust in the vigilant
resolve of the international community that Israel, equally with
all member States, enjoy its basic rights of freedom from fear
of attack; freedom to sail the high seas and international [Page 317] waterways in peace;
freedom to pursue its national destiny in tranquility without
the constant peril which has surrounded it in recent years.
In this reliance we are embarking upon the course which I have
announced today.
