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Yet, despite those provisions South Viet-
Nam is under an attack, already several
years old, by forces directed and supplied
from the North and reinforced by regular
units — currently some 17 identified regi-
ments — of the North Vietnamese Army. The
manifest purpose of this attack is to force
upon the people of South Viet-Nam a system
which they have not chosen by any peaceful
process.

The prohibition of the use of force in the
charter itself must apply with full vigor to
international demarcation lines that have
been established by solemn international
agreements. This is true not only in Viet-
Nam but also in all divided states, where the
recourse to force between the divided parts
can have far-reaching consequences. Further-
more, solemn international agreements, spe-



cifically the Geneva accord, explicitly pro-
hibit recourse to force as a means of reuni-
fying Viet-Nam.

It is because of the attempt to upset by
violence the situation in Viet-Nam, and its
far-reaching implications elsewhere, that the
United States and other countries have re-
sponded to appeals from South Viet-Nam
for military assistance.

We want a political solution, not a military
solution, to this conflict. By the same token,
we reject the idea that North Viet-Nam has
the right to impose a military solution.

We seek to assure for the people of South
Viet-Nam the same right of self-determina-
tion — to decide its own political destiny free
of force — that the United Nations Charter
aflfirms for all.

As Ambassador Goldberg stated to the As-
sembly on September 23: ^ When it comes to
Viet-Nam, "what counts ... is not prowess in
the art of invective but prowess in the art
of peacemaking."



STATEMENT OF NOVEMBER 30

U.S. delegation press release 4992

The United States, as a cosponsor of draft
resolution A/L.495, has participated vigor-
ously in the long and complex negotiations
from which the new draft, in document A/L.
501 just introduced by Ambassador [Kurt]
Waldheim of Austria, has emerged.

It is hardly necessary to recall the impor-
tant role which the United States has played
throughout its history in the evolution of
self-determination and freedom. One need
only refer to the Fourteen Points of Presi-
dent Wilson in this connection.

In this century my country has devoted
much of its human and material resources to
the protection of many nations and peoples
throughout the world from the ravages of
the threat and use of force. We hope that all
nations and authorities will heed the call of
this text to refrain from the unjustified use
of armed force and put aside attacks on



For text, see Bulletin of Oct. 17, 1966, p. 609.



30



DEPARTMENT OF STATE BULLETIN



peoples who wish to be free and live in peace.

The United States warmly supports the
emphasis of the new text on freedom. For
our part, we consider that the right of every
people to freedom deserves special attention
and is something more than, and different
from, the principle of self-determination or
the combined "principle" of self-determina-
tion and independence. We are glad that this
compromise text recognizes the right of peo-
ples "to self-determination and freedom and
independence."

The draft resolution thus clearly applies
to the unhappy instances of those who have
been deprived of their freedom or autonomy
since the Second World War. The resolution
thus usefully reminds us that the depriva-
tion of the freedom of a people is as much a
violation of the principle of self-determina-
tion as the failure to permit a dependent
people to achieve self-government or inde-
pendence, as may be appropriate.

Second, this resolution is, of course, not a
statement of international law. While it
speaks in terms of rights and duties, it rep-
resents essentially a political statement by
the General Assembly of the importance of
freedom and self-determination and reminds
states of the critical importance that all
should comply with the requirement of arti-
cle 2, paragraph 4, of the charter, which
prohibits "the threat or use of force against
the territorial integrity or political independ-
ence of any state, or in any other manner
inconsistent with the Purposes of the United
Nations." Certainly the compromise text
does not — and could not — affect obligations
of member states under the charter.

From the beginning of the debate on
agenda item 92, the Assembly has considered
only the prohibition of the threat or use of
force insofar as it relates to self-determina-
tion. Obviously, therefore, even if this text
were a statement of the law — which it is not
— it could not be an exhaustive one.

To give but two examples, in formulating
legal texts stating the principles concerning
the threat or use of force, the Special Com-
mittee on Friendly Relations will have to



JANUARY 2, 1967



articulate the fact that under article 2, para-
graph 4, of the charter indirect aggression —
subversion, infiltration, and terrorism — is as
equally prohibited as conventional forms of
armed attack. It will also have to elaborate
on the right of self-defense, which article 51
of the charter preserves, and its application
to all uses of armed force, direct and indirect
alike.

The compromise text does touch upon as-
pects of indirect aggression insofar as they
relate to self-determination. In adopting this
resolution, the General Assembly will once
again draw to the attention of the world the
gravity of indirect aggression. The resolu-
tion refers expressly to General Assembly
Resolution 2131 (XX), which this body
adopted on December 21, 1965.^ That decla-
ration specifically calls upon states not to
"organize, assist, foment, finance, incite or
tolerate subversive, terrorist or armed activi-
ties directed towards the violent overthrow
of the regime of another State, or interfere
in civil strife in another State."

The compromise text now before us builds
upon this condemnation of subversion in all
its forms. Operative paragraph l(n) points
out that "the use of force in any other form
contrary to the Charter" is impermissible.
This political pronouncement by the General
Assembly is especially appropriate at a time
when unremitting efforts at illegal subver-
sion, infiltration, terrorism, sabotage, and
the clandestine supply of arms are endan-
gering the peace in many parts of the world.

I wish to make it clear that the United
States has participated fully in the negotia-
tions which have led to this compromise text.

We have also participated fully in the
work of the Special Committee on Friendly
Relations and will continue to do so. It is that
committee to which the General Assembly
has entrusted the task of the progressive de-
velopment of international law and its codi-
fication with regard to the principles of
friendly relations and cooperation among
states in accordance with the charter. That



' For a U.S. statement and text of the resolution,
see Bulletin of Jan. 24, 1966, p. 124.



31



work is juridical work and requires partici-
pation by skilled jurists.

The legal character of the work of the
Special Committee on Friendly Relations and
the Sixth Committee has been expressly rec-
ognized by all three groups of cosponsors
who have authorized Ambassador Waldheim
to say, as he has, that ". . . these committees
are the bodies which deal with the foiTnula-
tion of legal principles" and that "It is for
use in that task that these materials are
referred." Indeed, the compromise text does
not purport to impose its statement of politi-
cal principle and exhortation as "the law"
on the principles of threat or use of force
and self-detei-mination.

Third, in the negotiations on the compro-
mise text particular attention was concen-
trated on preambular paragraph 4 which
reads: "Recognizing that peoples subjected to
colonial oppression are entitled to seek and
receive all support in their struggle which is
in accordance with the purposes and princi-
ples of the Charter."

This formulation is a vast improvement
over the proposal originally put forward in
A/L.493 which would have purported to rec-
ognize a "right" to seek and receive support
and assistance — without any qualifications
whatsoever. Obviously, such a right is sub-
ject to the provisions of the charter, particu-
larly the prohibition on the threat or use of
force in article 2, paragraph 4. The text of
the compromise properly reflects relevant
charter limitations on furnishing material
and other support.

Fourth, Mr. President, the United States
delegation notes that the reference to "inde-
pendence" in operative paragraph 1(b) of
the compromise text does not require inde-
pendence in the sense of independent state-
hood. As my Government has consistently
maintained, and as the General Assembly
has recognized in Resolution 1541 (XV), the
charter-based principles of self-determina-
tion can be fulfilled when a people freely
chooses independent statehood, free associa-
tion with another state, or integration with
another state.



In view of what I have said, the cosponsors
of draft resolution A/L.495 will not press it
to a vote and, instead, will vote for the com-
promise text in document A/L.501. We un-
derstand that Czechoslovakia and the other
cosponsors of A/L.493 support the compro-
mise and are not pressing their original pro-
posal to a vote and that Italy and the other
cosponsors of A/L.498 are doing likewise.

As I have said, this compromise text is the
result of a series of meetings between the
three groups of cosponsors of draft resolu-
tions on this item. These meetings, often pro-
tracted and difficult, have resulted in a
compromise text largely because of the
efforts of Ambassador Waldheim, who pre-
sided over them. In concluding, we want to
pay tribute to his untiring efforts to reach
a resolution acceptable to the three groups of
cosponsors.



TEXT OF RESOLUTION^

Strict Observance of the Prohibition of the
Threat or Use of Force in International Re-
lations, AND of the Right of Peoples to Self-
Determination

The General Assembly,
A

Drawing the attention of States to the funda-
mental obligations incumbent upon them in accord-
ance with the Charter of the United Nations to
refrain in their international relations from the
threat or use of force against the territorial integ-
rity or political independence of any State, or in
any other manner inconsistent with the purposes
of the United Nations and to develop friendly re-
lations among nations based on respect for the
principle of equal rights and self-determination of
peoples.

Deeply concerned at the existence of dangerous
situations in the world constituting a direct threat
to universal peace and security, due to the arbitrary
use of force in international relations.

Reaffirming the right of peoples under colonial
rule to exercise their right to self-determination and
independence and the right of every nation, large



'U.N. doc. A/RES/2160 (XXI) (A/L.501 and
A/L.501/Corr.l) ; adopted by the General Assembly
on Nov. 30, 1966, by a vote of 98 (U.S.) to 2, with
8 abstentions.



32



DEPARTMENT OP STATE BULLETIN



or small, to choose freely and without any external
interference its political, social and economic system.

Recognizing that peoples subjected to colonial
oppression are entitled to seek and receive all sup-
port in their struggle which is in accordance with
the purposes and principles of the Charter,

Firmly convinced that it is within the power and
in the vital interest of the nations of the world to
establish genuinely sound relations between States,
based on justice, equality, mutual understanding and
co-operation.

Recalling the declarations contained in its resolu-
tions 1514 (XV) of 14 December 1960 and 2131
(XX) of 21 December 1965,

1. Reaffirms that:

(a) States shall strictly observe, in their inter-
national relations, the prohibition of the threat or
use of force against the territorial integrity or
political independence of any State, or in any other
manner inconsistent with the purposes of the United
Nations. Accordingly, armed attack by one State
against another or the use of force in any other
form contrary to the Charter of the United Nations
constitutes a violation of international law giving
rise to international responsibility;

(6) Any forcible action, direct or indirect, which
deprives peoples under foreign domination of their
right to self-determination and freedom and inde-
pendence and of their right to determine freely their
political status and pursue their economic, social
and cultural development constitutes a violation of
the Charter of the United Nations. Accordingly, the
use of force to deprive peoples of their national
identity, as prohibited by the Declaration on the
Inadmissibility of Intervention in the Domestic
Affairs of States and the Protection of Their In-
dependence and Sovereignty contained in General
Assembly resolution 2131 (XX), constitutes a vio-
lation of their inalienable rights and of the principle
of non-intervention ;

2. Urgently appeals to States:
(a) To renounce and to refrain from any action



contrary to the above-stated fundamental principles
and to assure that their activities in international
relations are in full harmony with the interests of
international peace and security;

(6) To make every effort and to undertake all
necessary measures with a view to facilitating the
exercise of the right of self-determination of peoples
under colonial rule, lessening international tension,
strengthening peace and promoting friendly rela-
tions and co-operation among States;

3. Reminds all Member States of their duty to
give their fullest support to the endeavours of the
United Nations to ensure respect for and the ob-
servance of the principles enshrined in the Charter
and to assist the Organization in discharging its
responsibilities as assigned to it by the Charter
for the maintenance of international peace and
security ;

B

Considering that the above principles, together
with the other five principles concerning friendly
relations and co-operation among States, have been
the object of a study with a view to their progres-
sive development and codification,'' on the basis of
General Assembly resolutions 1815 (XVII) of 18
December 1962, 1966 (XVIII) of 16 December 1963
and 2103 (XX) of 20 December 1965,

Requests the Secretary-General to include the
present resolution and the records of the debate on
the item entitled "Strict observance of the prohibi-
tion of the threat or use of force in international
relations, and of the right of peoples to self-deter-
mination" in the documentation to be considered in
the further study of the principles of international
law concerning friendly relations and co-operation
among States in accordance with the Charter of
the United Nations, with a view to the early adop-
tion of a declaration containing an enunciation of
these principles.



U.N. doc. A/6320.



IJANUARY 2, 1967



33



Calendar of International Conferences'



In Recess as of January 1, 1967

Conference of the 18-Nation Committee on Disarmament (re- Geneva Mar. 14, 1962

cessed Aug. 25, 1966; to be resumed Feb. 21, 1967).

Scheduled January Through March 1967

ECE Group of Rapporteurs on Air Pollution Geneva Jan. 4-6

NATO Allied Radio Frequency Agency London Jan. 4-6

ICAO Legal Subcommittee on Problems of Nationality and Dakar Jan. 4-17

Registration of Aircraft.

ECOSOC Subcommission on Prevention of Discrimination and New York .... Jan. 4-23

Protection of Minorities.

ECE Electric Power Committee Geneva Jan. 9-12

OECD Maritime Transport Committee Paris Jan. 10 (1 day)

UNDP Governing Council: 3d Session New York .... Jan. 10-27

UNCTAD Committee on Commodities: 2d Session Geneva Jan. 10-27

OECD Trade Committee Paris Jan. 12-13

FAO Ad Hoc Committee on Food Production Paris Jan. 12-13

FAO International Conference on Weed Control Washington .... Jan. 15-Feb. 13

FAO Ad Hoc Committee on Organizational Review .... Rome Jan. 16 (1 or 2 days)

ECE Expert Group on Market Trends and Prospects for Geneva Jan. 16-18

Chemical Products.

ECE Inland Transport Committee Geneva Jan. 16-19

IMCO Subcommittee on Oil Pollution: 2d Session London Jan. 16-20

ECA Conference of Industrialists and Financiers Addis Ababa . . . Jan. 16-21

GATT Trade and Development Committee Punta del Este . . Jan. 16-20

WHO Executive Board: 39th Session Geneva Jan. 17-Feb. 7

ICAO Special Panel of Experts on Limits of Liability Under Montreal Jan. 19-30

the Warsaw Convention as Amended by The Hague Protocol.

OECD Economic Policy Committee: Working Party III . . Paris Jan. 23 (1 day)

FAO Working Party on the Rational Utilization of the Fishery Rome Jan. 23-25

Resources of the Indian Ocean: 1st Session.

ECE Working Party on Road Traffic Safety Geneva Jan. 23-27

ECAFE Working Party of Telecommunications Experts . . New Delhi .... Jan. 23-31



' This schedule, which was prepared in the Office of International Conferences on December 13, 1966,
lists international conferences in which the U.S. Government expects to participate officially in the period
January-March 1967. The list does not include numerous nongovernmental conferences and meetings. Per-
sons interested in these are referred to the World List of Future International Meetings, compiled by the
Library of Congress and available from the Superintendent of Documents, U.S. Government Printing
Office, Washington, D.C., 20402.

Following is a key to the abbreviations: CCIR, International Radio Consultative Committee; CCITT,
International Telephone and Telegraph Consultative Committee; CENTO, Central Treaty Organization;
ECA, Economic Commission for Africa; ECAFE, Economic Commission for Asia and the Far East; ECE,
Economic Commission for Europe; ECOSOC, Economic and Social Council; FAO, Food and Agriculture
Organization; GATT, General Agreement on Tariffs and Trade; IAEA, International Atomic Energy
Agency; lA-ECOSOC, Inter- American Economic and Social Council; lANEC, Inter- American Nuclear
Energy Commission; IBE, International Bureau of Education; ICAO, International Civil Aviation Orga-
nization; ILO, International Labor Organization; IMCO, Intergovernmental Maritime Consultative Organi-
zation; ITU, International Telecommunication Union; NATO, North Atlantic Treaty Organization; OECD,
Organization for Economic Cooperation and Development; PAHC, Pan American Highway Congresses;
U.N., United Nations; UNCTAD, United Nations Conference on Trade and Development; UNDP,
United Nations Development Program; WHO, World Health Organization. ,



34 DEPARTMENT OF STATE BULLETIN



ITU/CCITT Plan Committee for Africa Addis Ababa . . . Jan. 23-Feb. 8

CENTO Economic Experts Ankara Jan. 24-26

8th FAO Regional Conference for the Near East Khartoum .... Jan. 24-Feb 2

ECOSOC Working Group To Study the Proposal To Create New York .... Jan. 24-Feb. 3

the Institution of a U.N. High Commissioner for Human

Rights.

OECD Special Committee for Oil: General Working Group . Paris Jan. 25 (1 day)

NATO Planning Board for Ocean Shipping: Working Group . London Jan. 25-26

FAO Subcommittee on the Development of Cooperation Rome Jan. 25-28

With Other International Organizations Concerned With

Fisheries.

ECAFE Mekong Committee Vientiane .... Jan. 25-30

OECD Energy Committee Paris Jan. 26-27

ECE Gas Committee Geneva Jan. 31-Feb. 3

UNCTAD Group on Preferences: 2d Session Geneva Jan. 31-Feb. 10

UNCTAD Committee on Manufactures: 2d Session .... Geneva Jan. 31-Feb. 15

OECD Turkish Consortium: Pledging Session Paris January

OECD Tourism Committee Paris January

ECAFE Working Group of Experts on Typhoons Manila January-February

OECD Committee for Scientific and Technical Personnel . . Paris Feb. 1-3

NATO Science Committee Paris Feb. 2-3

ECAFE Railway Subcommittee and Coordination Committee New Delhi .... Feb. 2-9

on Railway Research.

ECOSOC Ad Hoc Committee on Periodic Reports on Human New York .... Feb. 6-8

Rights.

IMCO Working Group on Fire Test Procedures: 3d Session . London Feb. 6-10

International Coffee Organization : High-Level Working Group London Feb. 6-10

on Basic Quotas.

North Pacific Fur Seal Commission : 10th Annual Meeting . Washington .... Feb. 6-17

OECD Manpower and Social Affairs Committee Paris Feb. 7-9

PAHC Technical Committee on Traffic and Safety: 3d Montevideo .... Feb. 10-12

Meeting.

Pan American Highway Congresses: 10th Meeting .... Montevideo .... Feb. 13-22

Economic Commission for Africa: 8th Plenary Session . . . Lagos Feb. 13-25

ILO Governing Body: 168th Session Geneva Feb. 13-Mar. 3

ECOSOC Commission on the Status of Women New York .... Feb. 13-Mar. 6

ECAFE Committee on Trade: 10th Session Bangkok Feb. 15-24

IMCO Maritime Safety Committee London Feb. 20-Mar. 3

ECOSOC Human Rights Commission: 23d Session .... Geneva Feb. 20-Mar. 23

UNCTAD Committee on Shipping: 2d Session Geneva Feb. 21-Mar. 8

ECOSOC Ad Hoc Committee on Periodic Reports on Human Geneva Feb. 27-Mar. 3

Rights.

ITU/CCIR Study Group The Hague .... Feb. 27-Mar. 3

ECAFE Intraregional Talks on Trade Promotion Bangkok February

lANEC Special Legal Committee Mexico City .... February

IBE Executive Committee: 44th Meeting Geneva February

IAEA Board of Governors Vienna February

ECOSOC Commission for Social Development New York .... Mar. 6-22

ECAFE Committee on Industry and Natural Resources: 19th Bangkok Mar. 7-14

Session.

OECD Committee for Scientific and Technical Personnel . . Paris Mar. 8-10

5th ECAFE Regional Cartographic Conference for Asia and Canberra .... Mar. 8-22

the Far East.

ILO Committee of Experts on Application of Convention and Geneva Mar. 9-22

Recommendations: 37th Session.

OECD Committee for Science Policy Paris Mar. 13-14

IMCO Subcommittee on Tonnage Measurement: 7th Session . London Mar. 13-17

ECE Coal Committee: Group of Rapporteurs on Fly Ash . . Pittsburgh .... Mar. 13 and 17

OECD Economic Policy Committee Paris Mar. 14-15

CENTO Economic Committee Washington .... Mar. 14-16

OECD Committee for Research Cooperation Paris Mar. 15-17

ICAO Conference on Charges for Airports and Air Naviga- Montreal Mar. 29-Apr. 18

tion Facilities.

U.N. Committee on Question of Defining Aggression .... New York .... March

CENTO Liaison Committee London March

5th lA-ECOSOC Meeting at the Ministerial and Expert Viiia del Mar . . . March

Level.

Inter- American Conference of Ministers of Labor: 2d Meet- Vina del Mar . . . March

ing of the Permanent Technical Committee on Labor Affairs.



JANUARY 2, 1967 85



Current U.N. Documents:
A Selected Bibliography

Mimeographed or processed documents (such as
those listed below) may be consulted at depository
libraries in the United States. U.N. printed publica-
tions may be purchased from the Sales Section of
the United Nations, United Nations Plaza, N.Y.

Security Council

Report by the Secretary-General on the Present Sta-
tus of the Demilitarized Zone Set Up by the Gen-
eral Armistice Agreement Between Israel and
Syria (Part A). S/7573. November 2, 1966. 5 pp.

Letter dated November 15 from the representatives
of Australia, New Zealand, the Philippines, Thai-
land, and the United States of America and from
the permanent observers of the Republic of Korea
and the Republic of Viet- Nam transmitting the
texts of the three statements issued at the Manila
Summit Conference on October 25. S/7591. No-
vember 16, 1966. 12 pp.

Note verbale dated November 25 from the perma-
nent mission of the U.S.S.R. in reply to the note
dated November 7 addressed to the Secretary-
General by the permanent missions of France, the
United Kingdom, and the United States regarding
the "German Democratic Republic." S/7599. No-
vember 28, 1966. 2 pp.

Note by the Secretary-General concerning means of
strengthening the effectiveness of the United Na-
tions Truce Supervision Organization in Palestine.
S/7603. November 29, 1966. 3 pp.

Letter dated November 30 from the Prime Minister
of Barbados making application for membership
of the United Nations. S/7607. December 2, 1966.
Ip.

Report by the Secretary-General on the United Na-
tions Operation in Cyprus for the period June 11-
December 5, 1966. S/7611. December 8, 1966. 61 pp.

Letter dated December 7 from the Deputy Secre-
tary-General of the Organization of African
Unity transmitting the text of a resolution on
Southern Rhodesia which was adopted by the
Assembly of Heads of State and Government of
the OAU held at Addis Ababa November 5-9.
S/7614. December 7, 1966. 3 pp.



Online LibraryUnited States. Dept. of State. Office of Public CoDepartment of State bulletin (Volume v. 56, Jan- Mar 1967) → online text (page 13 of 90)