212. Telegram From the Department of State to the Embassy in Japan1

501. Following is verbatim text of suggested Japanese note on relationship between Security Treaty and UN Charter:

“I have the honor to refer to the establishment of the Japanese-American Committee on Security, pursuant to the Agreement announced in the communiqué of June 21, 1957, to study problems arising in relation to the Security Treaty, including consultation to assure that any action taken under the Treaty conforms to the principles of the United Nations Charter. It is the view of my Government that the Security Treaty and the related Administrative Agreement were entered into with due regard to the fact that the United States was then a member of the United Nations and in anticipation that Japan would become a member. The provisions of the Security Treaty [Page 455] and the Administrative Agreement were so drafted as to be fully in accord with the obligations which Japan would formally assume upon becoming a member of the United Nations, Accordingly, for the assistance of the Committee on Security in carrying out its responsibilities my Government wishes to confirm that the Governments of Japan and of the United States of America are in agreement concerning the interpretation of the Security Treaty and the Administrative Agreement as they relate to the Charter of the United Nations, and that it is the common understanding of the two Governments that:

A)
The Security Treaty does not affect and shall not be interpreted as affecting in any way the rights and obligations of the two Governments under the Charter of the United Nations or the responsibility of the United Nations for the maintenance of international peace and security;
B)
As set forth in the Charter of the United Nations, both Governments are obliged to settle their international disputes by peaceful means in such a manner that international peace and security and justice, are not endangered and to refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations;
C)
In the event of any hostilities in the Japan area, as referred to in Article XXIV of the Administrative Agreement or any armed attack against Japan from without, as referred to in Article I of the Security Treaty, both Governments will act in accordance with the provisions of Article 51 of the United Nations Charter.

Acknowledgement of the receipt of this note will be considered by my Government as constituting confirmation by your Government of the foregoing principles”.

Dulles
  1. Source: Department of State, Central Files, 794.5/8–2857. Confidential; Niact. Drafted in NA, cleared with the Department of Defense, and approved by Howard P. Jones. Repeated to CINCPAC for POLAD.