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NOTE OF THE HEAD OF THE UN DEPARTMENT OF THE USSR MFA S.A. Vinogradov and Counselor of the USSR Ministry of Foreign Affairs B.E. SHTEIN TO DEPUTY MINISTER OF FOREIGN AFFAIRS OF THE USSR A.Ya. VYSHINSKY "ON THE RELATIONSHIP TO THE DOCUMENT OF THE UN SECOND GENERAL", "RELATIONSHIP BETWEEN THE PALESTINIAN COMMISSION OF THE UN AND THE SC "

 

March 15, 1948

 

On March 9, 1948, the UN Secretary General submitted to the Security Council a working document entitled "Relations between the UN Palestinian Commission and the Security Council," drawn up at the request of the Palestinian Commission by the Secretariat's legal experts.

 

The working paper drafted by the Secretariat notes that:

 

1. The Palestinian Commission, established by the General Assembly in accordance with Article 22 of the Charter and placed under the leadership of the Security Council for convenience and greater practicality, bears the primary responsibility for the implementation of the plan for the partition of Palestine.

 

2. Despite the fact that the Commission has the primary responsibility for the implementation of the plan, the Security Council must take the necessary measures and give appropriate instructions to the Commission in order to implement the resolution of the General Assembly, which, however, cannot change the essence of the partition plan.

 

3. The Charter, which defines the functions and powers of the Security Council, does not specifically provide for the adoption by the Council of responsibilities such as those prescribed by the Assembly resolution. However, the interpretation of the UN Charter at the San Francisco Conference and the precedent of the Security Council taking responsibility for the territory of Trieste in the light of the corresponding interpretation of Article 24 of the Charter makes it possible for the Council to assume responsibility vis-à-vis Palestine, as requested by the General Assembly.

 

4. In view of the current situation in Palestine, the Security Council is empowered to enforce a General Assembly decision and may establish an international military force to assume responsibility for maintaining law and order immediately after the end of the mandate. This military force would be in the nature of an international police force, rather than the military force provided for in Chapter VII of the Charter of the United Nations.

 

Conclusions: A working document prepared by the Secretariat contains provisions that support the right of the Security Council to enforce the decision to partition Palestine. It runs counter to the American view that the Security Council does not have the power to impose a political solution by force on the recommendation of the General Assembly or the Security Council itself.

 

We would consider it expedient when discussing this document in the Security Council to support the point of view stated in the document.

 

B. Stein, S. Vinogradov

WUA RF. F. 07. Op. 21. P. 23.D. 346.L. 27-28.