Foreign Relations of the United States: Diplomatic Papers, 1945, General: The United Nations, Volume I

500.CC/3–1345: Telegram

The Secretary of State to the Ambassador in the United Kingdom (Winant)⁴⁰

Washington, March 13, 1945—10 p.m.

1944. With a view to the preparation of the statute of the international court of justice, as projected in Chapter VII of the Dumbarton Oaks Proposals,⁴¹ please communicate the following immediately to the Foreign Office, stressing the urgent need for agreement on the procedure for dealing with this matter.

1. The statute of the international court of justice envisaged under Chapter VII, paragraph 3, of the Dumbarton Oaks Proposals, must be prepared by joint action of the interested states either in advance of or at the United Nations Conference, which is to meet at San Francisco on April 25, 1945.

2. It was suggested informally during the Dumbarton Oaks Conversations that prior to the Conference a preliminary meeting of jurists be held⁴² for the purpose of drafting the statute and formulating plans for the establishment of the court. No definite agreement was reached on this suggestion, however, and there was no detailed discussion of the content of the proposed statute.

3. As a result of informal conversations during the course of the Crimea Conference,⁴³ it was understood that the United States should take the initiative in bringing about the convening of a committee of jurists prior to the Conference at San Francisco.

4. The Government of the United States feels that, in principle, a small expert group of jurists (possibly 15 or 20) selected by agreement among the sponsoring Governments might perhaps represent the most effective body for drafting the statute. However, in view of the pressure of time and the desirability of avoiding any impression that the sponsoring Governments may be seeking to exclude equal participation by other Governments in this important matter of general concern, it is believed that it would be preferable to invite each of the Governments participating in the United Nations Conference; to name a representative on the committee of jurists.

5. The Government of the United States recommends that the four Governments sponsoring the San Francisco Conference agree on the following procedure:

A. That the Governments of the United States, the United Kingdom, the Soviet Union, and China, by common agreement, convene a committee of jurists to prepare a draft statute of the international court of justice, as envisaged in Chapter VII of the Dumbarton Oaks Proposals.

B. That the committee of jurists should meet in the United States, preferably at or near Washington not later than April 9.

C. That each of the Governments invited to participate in the United Nations Conference should be invited to appoint one representative to the committee of jurists; and that each representative might be accompanied by not more than two advisers.

D. That the Government of the United States should be authorized, after agreement has been reached, to issue invitations on behalf of the sponsoring Governments to the Governments invited to participate in the committee of jurists.

E. That the terms of reference of the committee of jurists be to prepare a draft statute on the basis of Chapter VII of the Dumbarton Oaks Proposals.

F. That the draft prepared pursuant to paragraph E be submitted to the Conference for consideration.⁴⁴

Stettinius

40. Repeated on the same date to Moscow and Chungking as telegrams 582 and 440, respectively.
41. For text of proposals, see Foreign Relations, 1944, vol. i, p. 890; for provisions of these proposals relating to an International Court of Justice, see chapter IV, section 1(c); chapter V, section B(4); chapter VII, sections 1-5; chapter VIII, sections A (6) and C (1).
42. See progress report of September 6 on the Dumbarton Oaks Conversations, by the Under Secretary of State, ibid., p. 771.
43. No record of these informal conversations found in Department files
44. In paragraph numbered 2 of telegram 2791, March 17, 7 p.m., from London, p. 138, Ambassador Winant indicated that the British Foreign Office was in general agreement with the views of the Department on this subject.