CONTENTS 149 145 112 46 Goldberg, Hon. Arthur J., U.S. Representative to the United Nations Potter, Neal, acting president, United World Federalists.. Wright, Quincy, professor emeritus of international law, University Insertions for the record: Text of Senate Concurrent Resolution 44.. 123 Committee staff memorandum on opinion in the United Nations on the Vietnam conflict and United Nations involvement___ Committee staff memorandum on U.S. statements on the need for United Nations involvement in certain international crises___ Letter from Ambassador Goldberg to the president of the Security Letter to Senator Fulbright from Arthur S. Flemming, president, National Council of the Churches of Christ, November 2, 1967-- Biographic sketch of Dr. Elton Atwater.. "Legal Aspects of the Vietnam Situation," article by Quincy Wright, Letter from Ambassador Goldberg to the president of the Security Statement of Hon. Herbert Tenzer, Member of Congress (N. Y.)- Letter to Senator Morse from Charles W. Yost, October 2, 1967-- Letter to Senator Morse from Philip M. Klutznick, October 2, 1967.- Letters to Senator Morse from Charles Fahy, October 12, 1967 and Letter to Senator Morse from Francis T. P. Plimpton, October 17, Letter to Senator Morse from Hon. Sidney R. Yates, U.S. Congress- Letter to Senator Morse from Francis O. Wilcox, October 24, 1967. List of delegates from the Congress of Guatemala (in attendance at 147 Letter from the president of the Security Council, Akira Matsui, to 155 Correspondence between Department of State and Senator Fulbright, 191 SUBMISSION OF THE VIETNAM CONFLICT TO THE UNITED NATIONS THURSDAY, OCTOBER 26, 1967 UNITED STATES SENATE, COMMITTEE ON FOREIGN RELATIONS, Washington, D.C. The committee met, pursuant to recess, at 10:30 a.m., in room 4221, New Senate Office Building, Senator Mike Mansfield presiding. Present: Senators Mansfield, Morse, Lausche, Clark, Pell, Hickenlooper, Aiken, Case, and Cooper. Senator MANSFIELD. The meeting will come to order. The Committee on Foreign Relations is meeting this day to begin a series of hearings on Senate Concurrent Resolution 44, which urges the United States to submit the Vietnam issue to the United Nations. This resolution has been submitted by the distinguished senior Senator from Oregon, Senator Morse, who, to the best of my knowledge, has been urging for at least 2 and possibly 3 years, that the matter of Vietnam be taken to the United Nations, and has been most consistent in that respect. Yesterday, 54 Senators also introduced a resolution to the same subject. (S. Con. Res. 44 and S. Res. 180 follow:) [S. Con. Res. 44, 90th Cong., first sess.] CONCURRENT RESOLUTION Whereas the United States is now fighting a major land war in Southeast Asia which threatens to widen into world war III and a nuclear holocaust which could destroy civilization; and Whereas the primary purpose of the United Nations is to maintain international peace and security and to take collective measures to remove threats to world peace; and Whereas in ratifying the charter of the United Nations the United States undertook a solemn treaty commitment to settle international disputes by peaceful means; and Whereas under the charter the Security Council has primary responsibility for the maintenance of peace, which devolves to the General Assembly when the Council is unable to act; and Whereas the United States has failed to take effective steps to bring about United Nations involvement which would bring an end to the conflict in Southeast Asia: Now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That it is the sense of Congress that: 1. The President should request an emergency meeting of the United Nations Security Council to consider all aspects of the conflict in Vietnam and to act to end the conflict, pledging the United States in advance to accept and carry out any decision on the matter by the Council, in accordance with article 25 of the charter. 2. If the Security Council is unable to act, the United States should take all steps necessary to assure action on the issue by the General Assembly. 3. The United States objectives in the United Nations should be to obtain— (a) support for an immediate cessation of hostilities by all parties, and 1 (b) recommendations for appropriate measures, such as the convening of an international conference, for reaching a permanent settlement which will assure a lasting peace for Southeast Asia. [S. Res. 180, 90th Cong., first sess.] RESOLUTION Whereas the question of the Vietnamese conflict is a matter of which the Security Council of the United Nations is seized by action previously taken by the Council in connection with a letter of the Permanent Representative of the United States dated January 31, 1966, submitting a resolution seeking a settlement of the hostilities, and Whereas more than one hundred members of the United Nations through their Chiefs of State or Foreign Ministers or Permanent Representatives have expressed their deep concern with the continued hostilities and their desire for a peaceful and honorable settlement of the Vietnamese conflict, therefore be it Resolved, That it is the sense of the Senate that the President of the United States consider taking the appropriate initiative through his representative at the United Nations to assure that the United States resolution of January 31, 1966, or any other resolution of equivalent purpose be brought before the Security Council for consideration. OPENING STATEMENT Senator MANSFIELD. The Chair believes that as we begin the discussion of the role the United Nations should or could play in the 'settlement of the war, we should bear in mind the charter of the U.N. and the solemn undertakings it contains. The charter states that the peoples of the United Nations will strive "to establish conditions under which justice and respect for obligations arising from treaties and other sources of international life can be maintained." The charter also provides that it is the purpose of the United Nations "to maintain international peace and security." I suggest that these are not mere words. They involve the most solemn of commitments. Unfortunately, they are all too often forgotten or overlooked. I realize that there are those who contend that the United Nations can have no part in the settlement of the Vietnam war. It is the purpose and intention of Senator Morse's resolution, however, that the United Nations not only can, but must, play a significant role in the resolution of this war. I think it would be well at this point to consider not only the cost to the United Nations if it should attempt to bring the Vietnamese war to a conclusion and fail, bu. also the consequences for the future of the United Nations if it does not act at all. Secretary General U Thant has said many times that it is not the charter of the U.N. that has failed the international community; it is the international community that has failed to live up to its responsibilities under the charter. I suggest that the international community has thus far tragically failed its responsibilities to contribute to an honorable peace in Southeast Asia. We meet this morning to take a careful look at the U.S. record in bringing this most dangerous of issues before the United Nations. We also look to the question of whether the United Nations can long survive if it does not live up to its responsibilities of maintaining international peace and security. The first witness today is a man who needs no introduction to this committee. Mr. Cohen, it is a pleasure to have you take the witness chair and to make your presentation as you see fit. (The biographic sketch of Mr. Cohen follows:) BIOGRAPHIC SKETCH OF MR. BENJAMIN V. COHEN, OF WASHINGTON, D.C. Born.-September 23, 1894, Muncie, Indiana. Education.-University of Chicago, Ph.B. degree, 1914, and a J.D. degree, 1915; Harvard, S.J.D. degree, 1916. Experience.-1916-17-Secretary to U.S. Circuit Judge; 1917-19-Attorney, U.S. Shipping Board; 1919-21-Counsel, American Zionists, Peace Conferences, London and Paris; 1922-33-Private practice in New York City; 1933-34Associate General Counsel, Public Works Administration; 1934-41-General Counsel, National Power Policy Commission; 1941-Adviser, American Ambassador to Great Britain; 1942-43-Assistant to Director, Office of Economic Stabilization; 1943-45-General Counsel, Office of War Mobilization; 1945-47— Counselor of the Department of State. Conferences Attended and Other Activities.-Legal Adviser, International Monetary Conference, Bretton Woods, New Hampshire, 1944; Member, American Delegation, Dumbarton Oaks Conference, 1944; Berlín Conference, 1945; Council of Foreign Ministers, London, 1945, Moscow, 1945 and 1947, Paris, 1946, New York City, 1946; Paris Peace Conference, 1946; Senior Adviser to American Delegation to United Nations General Assembly, London, New York City, 1946; Member of American Delegation to United Nations General Assembly, Paris 1948 and 1951, New York City, 1949, 1950 and 1952; U.S. Representative before International Court of Justice, The Hague, 1950; U.S. Representative on United Nations Disarmament Commission, 1952. Memberships and Clubs.-Member, Phi Beta Kappa. Publications. "The United Nations Constitutional Development Growth and Possibilities," 1961. STATEMENT OF BENJAMIN V. COHEN, WASHINGTON, D.C. Mr. COHEN. Chairman Mansfield, I appear here on the invitation of Chairman Fulbright and Senator Morse to give the committee my views on Senator Morse's proposed resolution and the role that the United Nations might play in the settlement of the Vietnam conflict. Since being invited here and since preparing my remarks on the Morse resolution, a very important event occurred yesterday. That was the resolution introduced by Senator Mansfield which bore the sponsorship of 55 Senators, including Democrats, Republicans, Administration supporters, Administration dissenters. I think that resolution commanding the support of varied and opposing groups, all in uniting to find a U.N. solution of the Vietnam situation is one of the most important events that has occurred since the sad beginning of the Vietnam war. UNITING OF ALL VIEWPOINTS Throughout the war period, we have had too many splintered opinions, too much going it alone, and too little effort to seek a reconciliation of viewpoints nationally and internationally that could bring an end to the war. While it is not for me to determine the legislative strategy of the committee in dealing with the two resolutions, I myself would like to regard the Mansfield resolution as a prelude and not an alternative to the Morse resolution. I think nothing can be more helpful and conducive to U.N. action than a resolution coming |