Foreign Relations of the United States, 1969–1976, Volume E–2, Documents on Arms Control and Nonproliferation, 1969–1972

352. Telegram 215438 From the Department of State to the Mission to the United Nations¹ ²

Washington, November 28, 1972, 2251Z.

Subj:

• Non-aligned Non-use of Force Resolution

Ref:

• USUN 4880

1. Preambular para reading “mindful of the principle of the inadmissibility of acquisition of territory by force and the inherent right of states to recover such territories by all the means at their disposal” is unacceptable. No UN document to Department’s knowledge affirms right to use force in these circumstances and we could not accept implicit interpretation of Charter to that effect.

2. We understand PRC is attempting to dissuade non-aligned from tabling this draft, in which event this problem would not arise. If it appears that there is reasonable probability draft will be tabled, Mission should consult soonest with WEOS to set forth our position. We would not wish to suggest suitable wording ourselves, but would hope some of WEOS would take our point that this para articulates right to use of force outside terms of charter and hence insupportable. You should make point that wording change which removes presumption of valid use of force will be required if US is to abstain (instead of casting negative vote) and we believe that WEOS as group should find merit in this position.

3. In view of Sov efforts to consult US on this res, Dept believes it would be appropriate to inform Sovs also of position stated above.

1. Source: National Archives, RG 59, Central Files 1970–1973, DEF 18–6. Confidential; Priority. Drafted by Armitage (IO/UNP); cleared in NEA, ACDA, L/UNA, EUR/SOV, NEA/RA, DOD/ISA, and PM/DCA; and approved by De Palma (IO).
2. The telegram instructed the U.S. delegation to consult WEOs in the event that non-aligned nations table the non-use of force resolution and to inform the Soviet delegation of this decision.