501.BB/9–2149: Telegram
The Acting Secretary of State to the Secretary of State
priority
Gadel 5. Re Delga 7. For Jessup. Notwithstanding Tsiang’s definite attitude on submitting case to GA reported reftel, reaction other Dels to his speech today may cause him to revise his estimate of expected support and therefore his course of action in GA. However if he still remains firm on decision to present case Dept believes that in light of his apparent uncertainty as to approach, best US and UK tactics, after assuring him support in GC1 for inclusion of item on agenda, would be to try to persuade him to steer case in direction least embarrassing to us.
Therefore you may in your discretion indicate to him US views along fol lines as set forth reftel and previous discussions in Dept:
- (1)
- On Negative side:
- (a)
- reiterate our previously stated views on general difficulties of proof, appropriateness of objectives and fact that US has little if any direct evidence of probative value not already available to Ch. Govt.
- (b)
- indicate that US is not in position to state what kind of res if any we might be prepared to sponsor, but feel this must await consideration of case and debate in Comm.
- (c)
- again raise the question re GA precedent for ruling on legal matters involved in finding on Soviet violations and reiterate that character and degree of support for any such finding would depend on whether case were based on strong evidence; and
- (d)
- indicate our doubts re possibility of ⅔ support for such resolutions as he has been considering, pointing out that we share his fear [Page 190] of defeat through abstentions. (Dept requests USDel estimate of probable negative votes on basis of reactions to Tsiang’s speech.)
- (2)
- On Affirmative side:
- (a)
- explore with him idea of resolution along lines of principles of Nine Power Treaty as type of GA action which US could support. Dept believes you are in best position to work out approach this point. You should point out, however, that we think it would be unwise for Chinese themselves to appear as sponsors of such a res. although sponsorship by other Asiatic powers might have advantages.
- (b)
- suggest to him the tactical desirability of countering Soviet legal arguments by offering to submit legal differences re breach of treaty to ICJ.2 You may indicate that US would support GA recommendation that parties do so. If he raises the question you should add that in our present view it would be inappropriate for the GA itself to ask ICJ for advisory opinion. (In addition to legal and technical difficulties such action would have undesirable effect of insuring that case automatically would have to be considered at Fifth GA.)
- (c)
- Point out to Tsiang that if case is to be submitted to GA we believe it is even more important for him to concert Oh position with the other Asiatic countries than with US and to be certain of their support.
- 3.
- Re Formosa, Dept suggests that any discussions with Tsiang be limited at moment to ascertaining Chinese attitude toward any UN action. Although action such as establishment UN Comm is possible’ eventual tactic, especially if case should get out of hand, our present feeling is that interjection UN in Formosa situation might precipitate rather than delay Commie efforts seize control and plunge UN into a situation to its embarrassment and detriment which it could not solve, control nor materially affect.
Assume you will consult with UK Del on foregoing approach.