S/PV.671 Security Council

Before we invite the representatives of Jordan and Israel ta the Couneil table, there is one question that the Cauncil shQUld take up. 3. The representative of Israel subsequently repeated this request in a letter dated S May and ad.dressed to me as President. At his request, the letter was circulated to representatives as document 5/3210 dated 6 May, which Is now before the Council. Does any representative wish to give his views on this document? 4. Wottld the representative of Lebanon care to say anything on this subject, since it was he who brought this cornplaint to the Council on behalf of Jordan? 5. Mr. Charles MALIK (Lebanon): At this point 1 can only say that, since this question is not the ·first one to he dealt with, 1 have no comment to make on it. But 1 say this only at this stage.

Since no other representative wishes to makè any observations, it might be helpful if 1 \Vere to report to the Council on certain researches which 1 have made into the precedents relating to the assumpi.ion of obligations by non-member States invited to the Council table, and 1 might also indicate sorne of the legal arguments which arise in this oontext. 7. So far as 1 have been able to determine, the Council has not previously had to deal with a complaint brought to its attention by a Memher State on behalf - 1 repeat, on hehalf - of a Government wnich is not a Member of the ..United Nations. 8. However, there have 'heen a numher of cases where non-member States have either volunteered or heen invited to assume obligations under the Charter, either because they themselves had brought disputes to the attention of the Council or because they were parties to disputes under consideration by the Council. The cases which 1 shall now quote are the most relevant. Two of them are cases in which the Council decided of its own volition to invite representatives of non-memher States, and three of them are cases in which the Government of the non-member State itself requested participation in the discussions. 9. In the case ~f the Greek frontier incidents, the question of the participation of Albania and Bulgaria arose. At its 82nd meeting on 10 December 1946, the Council issued invitations to Albania and Bulgaria to make declarations tG the Council and decided that full participation would he granted ta those States if the ~istence of a dispute were subsequently esta:blished. At ItS 84th meeting on 16 Decembèr 1946, the CGuncil agreed to grant full participation to Albania and Bulg~ria within the spirit of Article 32 of the Charter and \Ylthout deciding whether the matter under discussion ~as a dispute or a situation. Discussion ensued regardmg the conditions which those States should he ca.11ed upon to fulfil. The President. suggested that, on the basis of precedent, theyshould "accept in advance, for 10. The question of Albanian participation also arose in the Corfu Channel case. At the 95th meeting of C0!1ncil on 20 January 1947, the President proposed, "foIlowing the lead given by the Couneil in the recent comptaint brought by Greece" to ask the A~banian Government to participate without vote and, accepted the invitation, "to accept, for the purposes the discussion of this case, aIl those obligations which would faU upon a Member of the United Nations". The Council approved the president's proposaI. At 96th meeting, the President drew attention to Albanian Government's reply accepting t!;te Council's invitation. Il. During the discussion of the Indonesian question in 1947, the Couneil considered the question of participation of Indonesia, which at that time was a Member of the United Nations. The letter from representative of the Republic of Indonesia requested participation in the discussion and included the following statement [S/487] : "In this connexion, 1 am authorized by my Government to advise that, if an invitation is extended to the Republic of Indonesia to participate, Republic of Indonesia accepts in advance for purpbse of this dispute the obligations of a Member of the United Nations." The Council approved a motion to invite the representative of Indonesia to take a sem at the Council table, in 'accordance with his request. 12. In 1948, the Council was seized of the Hyderabad question, and in a cable dated 21 August 1948 1, Government of Hydera:bad stated that "Hyderabad, State not a Member of the United Nations, accepts the purposes of the dispute the obligations of padfic settlement provided in the Charter of the United tions". At its 357th meeting, the Council invited representative Qf Hyderabad to participate in the cussion. 13. The final case to which 1 should like to draw Council's attention is the one to which the representative of Israel alluded at our .1ast meeting, and which concerned the Palestine .question. At the 511th meeting on 16 October 1950, after inviting the representative of Jordan to take a seat at the Council table, President made the following statement: "An appropriate document has heen filed by representative of the Hashemite Kingdom of Jordan, in conformity with Article 32 and Article paragraph 2, of the Charter, wherein this State undertaken the obligations for pacifie settlement vided in the Charter." p~.r graphe bon sur 15. 35 miner participation débat. 16. 2 saurait souverain, agrément conclure saisis par les 17. envisagé plication En me je exposer. 18. membres mercier faire de tivité phases 19. auraient Président voir à consulter demande l'article ci présente 20. tenu immédiatement présentant mets 19. 1 think that in view of the fresh light which the President's statement throws on Mr. Eban's request, the members of the Couneil would wish to ponder the whole question and, if necessary, to consult their Governments. Consequently, 1 would forma11y request the President, in accordance with rul@ 33 of the rules of procedure, to ascertain the Council's views on the question of adjourning the meeting. 20. The PRESIDÈNT: Under rule 33, 1 am obliged to put to the vote immediately the formaI proposaI just made by the representative of France for the adjournment of the meeting. and 1 now do sa. A vote 'lJ.Ias taken by show of hands. In favour: Brazil, China, Colombia, Denmark, France. New Zealand. Union of Soviet Socialist Repub- Jl Votent France, 22, Mr. SARoPER (Turkey): May 1 ask the President how long he intends ta suspend the meeting? 23. The PRESIDEN'!,: 1 understood the motion the representative of France ta be a proposaI ta journ the meeting under rule 33, paragraph 2, which caUs for a simple adjournment of the meeting. In case, it rests with the President to fix the date of next meeting. If it is agreeable, 1 propose to do in consultation with members of the Couneil.