261. Editorial Note

At the request of the Royal Government of Laos, Secretary-General Hammarskjöld asked the President of the Security Council to convene the Council to consider the situation in Laos. The Security Council agreed on September 7, by a vote of 10 to 1 (USSR), to include the item on its agenda. The U.S. Representative then introduced a draft resolution sponsored jointly by France, the United Kingdom, and the United States to appoint a factfinding subcommittee of representatives of Argentina, Italy, Japan, and Tunisia whose task it was to examine the situation in Laos and report back to the Council. By a vote of 10 to 1 (USSR), the Security Council ruled that the draft resolution [Page 606] was of a procedural nature and was not subject to veto. This finding was supported by the President. The Security Council then voted 10 to 1 (USSR), to adopt the joint draft resolution.

The adopted resolution, U.N. document 8/4216, September 7, reads as follows:

“The Security Council

“Decides to appoint a sub-committee consisting of Argentina, Italy, Japan and Tunisia, and instructs this sub-committee to examine the statements made before the Security Council concerning Laos, to receive further statements and documents and to conduct such inquiries as it may determine necessary and to report to the Security Council as soon as possible.”

After the adoption, the Soviet Representative declared that the resolution had been approved in violation of the U.N. Charter and all existing rules of procedure. He therefore regarded it as illegal and not binding.