S/PV.684 Security Council

My Government's interest in the question of the restrictions on the passage of ships through the Suez Canal is weIl known to this Council. New Zealand's initiative last March had this purpose: to bring about a permanent solution of the problem which occupies our attention so much. We regret that on thatoccasion the lack of unanimity among the permanent members-particularly since eight members were in favour of our draft resolution [8/3188 and Corr.1]-led to its failhre. 1 think it proper to say that had the New Zealand draft resolution been adopted by the Council and accepted by Egypt, this question might not have again appeared on our agenda. 2. My delegation adheres to the position it took in the debate last March on the broad issues of this question. We are not convinced, however, that a useful purpose i! UL 4. My delegation has been disturbed to learn of the possibility that, owing to the accumulation of other complaints, the Mixed Armistice Commission might not be able to reach a conclusion in regard to this question unill after the lapse of a long time. In view of the Council's continuing concern with the question of principle which may be affected, 1 express the hope that ways and means will be found, with the co-operation of both parties, to expedite the consideration of this incident in the Mixed Armistice Commission, if necessary by giving it priority over other incidents of less importauce. 5. It grieves me, as no doubt it has saddened aIl my colleagues, that the representative of Egypt has not previously heard of the word "filibuster ", but 1 am sure that, with his great perception and his awareness of the significance of the passage of time, he will understand me if 1 say that 1 hope-indeed, 1 would go further and say that 1 would expect-that the Security Council will receive the conclusions of the Mixed Armistice Commission before, may 1 say, the end of this month. 1 appeal to the parties to do aIl they can to secure this expedition of the Commission's work>.

The debate strayed this morning [683rd meeting] somewhat beyond the limits which the President, quite correctly, in my view, had indicated as appropriate. The Security Council in fact decided to meet supposing that it was to consider a question primarily of a procedural character. The position, as 1 see it, is that, at its 682nd meeting, the Council decided to await a report from the Mixed Armistice Commission before discussing further the question brought before us by the Government of Israel. 12. This must not be taken to mean that the Council can or should relinquish ultimate responsibility in tbis matter of which it has been seized. We believe that we can rely completely on the Chief of Staff as the Council's agent to notify us if, in his judgment, the Conncil must intervene because of the failure ofthe Mixed Armistice Commission to function properly. :'

"''hat has happened during these last few days has only confumed. my Government's opinion, which set forth at the 682nd meeting, that we are concerning ourselves with veI) minor problems rather than with questions of substance, and that if we continue in this way we shall get nowhere. 15. We really do not believe that the Security Council can any longer, by procedural devices or adjournments, avoid considering a problem that it is bound to consider. Far from improving, the situation is growing constantly worse. Every day the Press reports new difficulties between the Arab States and Israel. I have just been reading the Security Council's verbatim records, and find that at more than forty out of sixty of its meetings the Council has dealt with disputes between the Arab States and Israel. At none of these meetings have we dared to tacIde the substance of the matter; we have limited our discussions each time to procedure-or, as the EgyptiaI\ representative so aptly stated, to "meaningless trifles". Very soon we shall have to tacIde the substance ofthe problem. I read in a newspaper again this morning a report which is probably faIse but which, if true, would compel the Latin American States, for example, to call for a meeting of the Security Council. The report alleged that a certain great Power regarded Jerusalem as a capital and had decided to establish diplomatic representation there. Such a situation would compel us to reopen the question. . 16. Are we going to continue in this way? I confess that 1 arr 1eeply concerned. As I have said, I believe that the situation is not improving but is getting worse every day, and that we are acting most unwisely in examining quite secondary problems which should not even be brought before the Security Council. Yet that is what we are doing when we discuss the procedure of an ordinary commission; the commissbn should establish its own procedur~. It is extreruely disturbing to note that the Security CounciI is concerning itself with secondary matters in this way instead of dealbg with the substance orthe problems. I shan not dwell further on this now; we can refer to the matter again later. 17. With regard to the problem that we are considering today, it is qUÏte apparent from the statements that we have heard this moI'D.ing that there has been a. regrettable delay in the work of the Mixed Armistice Commission. We should do ev~rything we can to ensur~ that ~he Co...J.~ mission prepares its report and submits it to us in the near future. 18. Moreover, it is obviously not for us to advise the Mixed Armistice Commission. One of the established principles here in the United Nations is that each organ is free and completely autonomous, and establishes its (IWO procedure. But it is impossible to understand why a 19. sentant de entrer soumis. dans cette affaire avant que la Commission mixte d'armistice demandées. représentant exposés devons demandés. 20. Zélande truction présenter

It is true that, as the representative of Colombia has just said, we ought now to consider the substance of the problem which has been submitted to us. But we cannot reach a decision on this matter until the Mixed Armistice Commission has provided us with the information for which we have asked. We have heard the statements made by the representatives of Israel and Egypt; they contradict one another. Accordingly, we must wait for the information which we have requested. 20. 1 agree with the representative of New Zealand in thinking that we should mstruct the Mixed Armistice Commission to try to submit its report as soon as possible. 21. désire-t-H

Does any other member of the Couneil wish to speak on this subject? 22. The representative of Israel has expressed a wish to speak briefly when al1 the members of the Council have spoken. As no other member wishes to speak, before l invite the representative of lsrael to make his statement, 1 should like to make a few short comments, not as President, but as the representative ofFRANCE. 22. prendre du désire intervenir, et avant d'inviter le représentant d'Israël a vations, représentant 23. ce en cause ne tenaier mandations que le Président leur avait adressées en ce qui concerne ventions. l'ont l'Égypte débat, en évoquant le passé et l'avenir dans des conditions qui indirects ne saurais dont 24. regretté par 25. déclarations la l'arrivée attaché fête 23. The French delegation noted with some regret this morning that the representatives of the two parties to the dispute did not pay sufficient regard to the President's recommendation to them concerning the developmem and scope of their spfieches. As several previous speakers have pointed out, the representatives of Israel and Egypt departed rather widely from the limits of the present debate, and made references to the past and the future only very remotely and indirectly connected with the subject under discussion. 1 cannot, however, entirely blame the President for his tolerance in not interrupting them. 24. Still speaking as the representative of France, 1 must say that 1 regretted certain excessively strong terms used by the representative of Israel. 25. On the other hand, 1 was rather worried l'lv sorne statements made by the representative of Egypt. .At the 682nd meeting, referring to the arrivaI ofthe Bpt Galim at the entry of the Suez Canal, he took pains to stress the atmosphere of cordiality, even of festivity, in which the vessel had been greeted by the Egyptian authorities, who Su~z Canal. Such language was new, and did not in my opinion concord with that which he had used last week; for it would be difficult to understand how a provocative attitude adopted by Israel couid have been greeted, even for a few hours, by manifestations offriendship from the Egyptian authorities. On the other hand, my delegation aiso finds it difficult to suppose that Israel, by making use of the right of free navigation through the Suez Canal formally declared in its favour by a decision ofthe Security Council ofSeptember 1951 [8/2322], could be committing an act of provocation. 1 wished to make that comment, 1 repeat, as the representative of France. 26. With regard to the debate itseIf, 1 fully agree with the opinions expressed by aIl the previous speakers, and 1 hasten to add that they support the view expressed this moming by the representative of Egypt, to the effect that the investigation of the Egyptian complaint against the crew of the Bat Galim not only cannot be postponed indefinitely, but should be undertaken as speedily as possible by the Mixed Armistice Commission.

1 am grateful to the President for giving me the opportunity of addressing the Couneil for a very few minutes in order to refer to some allusions whieh were made this morning to my brief observations. 28. The representative of Lebanon, in his speech earlier today [683rd meeting], discussed the authenticity of the summary whieh 1 had put before the Security Couneil of the report of the United Nations observers and of the meetings of the Mixed Armistice Commission he1d on 21 and 23 October 1954. 29. The documents concemed are not unobtainab1e or occult. The summary which 1 gave of the report of the United Nations observers relied strictly upon the document which was submitted by the observers to the Governments of brae1 and Egypt and to the Chairman of the Mixed Armistice Commission on 20 October. Thus this document, containing the full details of this investigation, has been in the hands of the Governments of Egypt and Israel for a period of two weeks. 30. The representative of Egypt asserted that he personally had not seen the report of the United Nations observers, and 1 can on1y eonc1ude that his Govemmcnt has, not taken him iuto its confidence coilceming a 31. Secondly, with reference to the proceedings of the Mixed Armistice Commission, here again 1 relied on proceedings which had taken place with my Government's full participation, and they were precisely as 1 described them to be. 31. Commission mixte d'armistice, sur des participé, et ces débats je l'ai exposé. 32. 1 should like to make a reference here to an observation which feU many times from the lips of the representative of Egypt with respect to the alleged failure or default or neglect ofthe Chairman ofthe Mixed Armistice Commission. 1do not believe that the Chairman, Colonel Bartholdy, is properly open to any such criticism, and it would not he accurate to say that he had not ruled on the matters to w1lich the representative of Egypt referred. 32. que reprises Président pense pareilles statué l'Égypte a fait allusion. 33. The Chairman did intervene with bis rulings on two occasions-to dismiss objections which had been raised against the summoning of emergency meetings, and against the discussion of substance at those emergency meetings. There is thus not divergency of opinion between Egypt and Israel; there is apparently divergency of opinion between Egypt and the Mixed Armistice Commission, whose Chairman and whose majority have ruled in favour of considering this subject at an emergency meeting-which has already begun-and 1 am certain that it would be the wish of the Security Council to uphold that decision which the Mixed Armistice Commission has already adopted by a majority decision. 33. irrecevables les objections qui avaient été soulevées contre la l'examen S'il l'Égypte mixte ont décidé à à la adoptée 34. My third observation refers to the suggestion of the representatives who have spoken in favour of exp:::diting the consideration of and the decision on tbis question by the Mixed Armistice Commission. My only reservation here "efers to an indication that there might not be anything wrong in allowing tbis matter to rest without decision for a period extending, perhaps, as far as the end of this month. We have deep and profound reservations on any such leisurely approach, arising from the human circumstance that there is here a sbip which is held and a crew wbich is in unlawful custody and deprived of its liberty; and for that reason my delegation was impressed by and would like to support the formulation of the representative of the United States, who expressed the hope that the Mixed Armistice Commission, ifit were able to resume its discussion on the subject, should report long before the end of the month. These people are in custody, deprived of their liberty; they are innocent. The legal traditions wbich Israel possesses are inherited from the same traditions as those to which the representatives of New Zealand, the United Kingdom, the United States and others are faithful, and, since the captain and crew 34. des mixte et laissé vénient certain façon plus sérieuses, car il y a là des considérations d'humanité: un navire a été retenu et son équipage détenu illéga1ement et privé crirait volontiers à la suggestion Unis, d'armistice, de Des leur diques auxquelles Royaume-Uni fidèles; reconnus 38. 1 hope that the President will allow me just to make one observat10'l on matters of very broad scope which were brought .0 our attention by the representatives of Egypt and Lebanon, and later by the representative of Colombia. 39. The statements ofArab representatives tbis morning, that they do not intend to make war on Israel but neither will they make peace, is, of course, ill.ustrative of the present crisis in the relations between Israel and its Arab neighbours. A promise not to make war should, ofcourse, be superfiuous-within the system of the Charter, and we would not a.ssume that anyone intending to make war would proclaim such an intention. But, in any case, we must have an initial presumption that there is no such intention between Members of the United Nations. Therefore our anxiety continues to be most earnestly felt with respect to the other part of the statements of Arab representatives tbis morning, namely, that they will not make peace. 40. It is tbis, the negative uart of their utterance, wbich causes us concer~, f(;\ the corollary is that, short ofactual bloodshed from l!~Y hl day, we must put up, in our region, with constant acts of boycott and of blockade and of hostility, of aIl hostilities short of war, and it is our genuine and authentic fear that it is out of such a refusaI to make peace, and out of the maintenance of acts of hostility short of war, that a wider crisis might at any moment flare up between Israel and its neighbours.

1 heard with a11 due respect the comments made by the President of the Cauneil at the opening of the meeting. To a certain extent, though perhaps oruy gently, the President seemed to be chiding the representatives of Israel and Egypt for infringing the rule which he had laid down for today's debate. 42. qui de blâme aux avaient d'aujourd'hui. 43. autre vention gation je rations du blâme 43. Also, with respect, 1 should like to make another comment. 1 began my speech this morning by regretting that 1should have ta exceed the limits ofthat rule slightly, because 1 felt bound to reply to statements made by the representative of Israel, who had himself exceeded the established limits. 1 think, therefore, that my share of the blame should be very small. 44. 1 am much afraid thal the representative of France himself subsequently exceeded the limit set by the President. He spoke of freedom of navigation and the resolution of 1951, and even mentioned a change of attitude on the part of the representative of Egypt since the 682nd meeting. 44. sentant qui effet, a sentant de l'Égypte depuis 45. accueil reprendre des termes qui étaient cités dans du C'est cale Lorsque d'un portés représentant Cela une qui une cela 45. 1should like to stress that, when 1 spoke of the warm welcome accorded to the Bat Galim, 1 was only using terms which appeared in the letter of 28 September 1954 from the representative of Israel [8/3296]. It was that letter which referred to "a friendly atmosphere" and stated that sorne officiais" wished the crewa happy New Year ", and so forth. When 1 expressed an opinion on that point, 1 was commenting on facts which had not been reported by Egypt but which appeared in the letter from the representative of Israel addressed to the President of the Security Council. That did not mean that 1 was making the words my own. It was a form of reply. Anyone who has practised law or been at the bar knows very weIl that the words of the other side are used in pleadings, but that the person who uses them does not thereby make himself responsible for them. 46. lequel Messieurs. émanant J'ai sentant là émanant par s'étonne pression que, de puis il s'étonne pavillon 46. 1 have re-read the record of the 682nd meeting, in which 1find that 1said plainly: " 1 shall now read from the Israel representative's letter of 28 September 1954... " [682nd meeting, para. i32]. 1 continued as follows: "The Israel representative's letter goes on to say: 'At 9 a.m.' " [ibid., para. 134]. 1 was then commenting on, or rather discussing, statements emanating from Israel and appearing in a document submitted by its representative. The representative of France has expressed surprise at the change in our attitude. He was under the impression that at the meeting of 14 October the representative of Egypt exceeded aIl bounds of tolerance, and he finds it surprising that 1 should today be referring to ships flying the Israel flag.

ln view of the regrettable indisposition which has just overtaken the rcpresentative of Egypt, 1 am sure that aU members of the Council will ngree that we should adjourn this meeting, expressing our sympathy with the Egyptian delegution und with Mr. Azmi und wishiug him a speedy recovery. The meeting rose at 4.25 p.1I/. Printed in France Priee: $U.S. 0.15; (or equivalent