VII. After the plan for the reduction of armaments has been carried out, the Control Administration shall retain its prerogatives, rights and powers, including the right of presenting its conclusions in reports. 80. FRANCE: WORKING PAPER: PROPOSALS CONCERNING THE STRUCTURE OF THE INTERNATIONAL DISARMAMENT ORGANIZATION, SEPTEMBER 2, 1955 1 The convention on the regulation, limitation and reduction of all armed forces and armaments shall establish an International Disarmament Organization, the membership, rights and powers of which are defined below. This Organization shall include the financial control organ provided for in the special Draft Agreement submitted by the French delegation on 29 August 1955 (DC/SC.1/27). I. The International Disarmament Organization shall comprise the following organs: (a) a General Assembly of all States parties; (b) a Permanent Committee consisting of fifteen States parties, five permanent (the permanent members of the Security Council) and ten non-permanent. The non-permanent members shall be appointed by the General Assembly for a period of two years; (c) a Council of Jurists consisting of seven persons, of different nationalities, elected by the General Assembly on the basis of their qualifications; (d) a Control Administration, under the orders of a directorgeneral consisting of a governing body and of fixed and mobile inspection units. II. The General Assembly shall meet for the first time as soon as the convention enters into force, and then on the following year and subsequently every two years. It may meet in special session at the request of two-thirds of the States parties, of a two-thirds majority of the Permanent Committee or of the Security Council or the General Assembly of the United Nations. It shall not later than one month after the coming into force of the convention elect by absolute majority the non-permanent States members of the Permanent Committee and the members of the Council of Jurists and shall appoint by a two-thirds majority the director-general; it shall adopt the budget, approve the accounts and deal with statutory matters and general organization. III. The Permanent Committee shall formulate instructions for the guidance of the director-general and take decisions in the circumstances hereinafter set out concerning proposals contained in the directorgeneral's report and also decisions concerning any matters submitted to it by a State party. It shall, whenever it deems necessary, arrange for the publication of reports of the Control Administration and of its own decisions. It shall, whenever it deems necessary, report to the Security Council and the General Assembly of the United Nations. The Permanent Committee shall take its decisions by simple majority. IV. The Council of Jurists shall assist the Permanent Committee. It shall take decisions concerning any legal questions relating to the UN Document, DC/SC.1/32, pp. 1-4. interpretation or application of the convention submitted to it the director-general, a State party or the Permanent Committee. The Council of Jurists shall take its decisions by simple majority There shall be no appeal against the decisions of the Council Jurists to any of the organs of the International Disarmament C ganization. V. The Control Administration shall be composed entirely and e clusively of international officers appointed by the director-general. Each inspection unit shall consist of at least three persons. Within the limits laid down in the instructions received from th Permanent Committee or, in the absence of such instructions, on h own initiative, the director-general shall draw up investigation pr grammes and establish inspection units with due regard to the militar technical, scientific or financial mission assigned. If he conside that prior notice is necessary, he shall fix the time-limit required. H may, so far as inspection is concerned, delegate some of his powers t local organs. All the inspection units shall take their decisions by simple majority If an inspection unit rejects, by a majority vote, any proposal t conduct an inquiry, that proposal may, at the request of any membe who voted with the minority, be submitted to the Permanent Commit tee. The inspection units shall in all cases, upon completion of thei inquiries, draw up a report recording their conclusions and containing where appropriate, proposals regarding such action as they conside desirable. This report, adopted by majority vote, shall be accom panied by the observations of the minority. It shall be addressed to the director-general who shall communicate it to the Permanen Committee and the States parties. In the course of their inquiries, the inspection units may order the imposition of precautionary measures (mesures conservatoires) with view to ensuring that the existence or seriousness of a breach of the convention may be verified. VI. 1. Any State party may appeal to the Permanent Committee (a) against a precautionary measure ordered by an inspection unit, provided that such an appeal shall not stay the execution of any action ordered; (b) against any act done by an inspection unit in the discharge of its duties or by one of its members individually. 2. If two or more States parties disagree on the interpretation on application of the convention, any one of them may refer the matter to the Permanent Committee. VII. In the event of a breach of the convention, the Permanent Committee may prescribe any measures which it deems necessary unless it considers that the irregularity in question is covered by Chapter VII of the Charter, provided that the right of the accused State to refer the matter to the Security Council shall not be prejudiced. If the Permanent Committee considers that the irregularity is covered by Chapter VII of the Charter, it shall forthwith submit the matter to the Security Council or the General Assembly of the United Nations by means of a report communicated to the States parties. VIII. States parties shall give the control officers all necessary assistance and protection in their territory and the support of their police forces in the discharge by the control officers of their duties. IX. Article 104 and Article 105, paragraphs 1 and 2, of the United Nations Charter shall apply to the Organization. The status of the Organization and of its agents shall be defined y regulations approved by the General Assembly of the Organization. The rights of the Organization and of its agents shall include: (a) the right of permanent residence in the territory of the States parties; (b) the right of personal inviolability and inviolability of premises, property and archives; (c) the right to enter, leave and travel in the territory of States parties without restriction and to exercise powers of investigation in all places under the conditions prescribed by the Organization; (d) the right to use any means of land, sea and air communication necessary for the fulfillment of their tasks and, in particular, to have aircraft and motor vehicles at their own disposal. The duties of the agents shall include: (a) the obligations deriving from Article 100 of the United Nations Charter; (b) the obligation to use such information as they obtain solely for the purposes of their mission, and to refrain from communicating such information to unauthorized persons. 1. FRANCE: WORKING PAPER: PROPOSAL CONCERNING THE OBECTS WHICH SHOULD BE SUBJECT TO CONTROL, OCTOBER 6, 1955 1 With reference to its Working Paper DC/SC.1/33, which was subitted on 2 September 1955, the French delegation herewith proposes n alternative version of the provisions contained in section V of hat document concerning the objects over which the control organ may exercise its powers at any time. This alternative version substantially reproduces the statements hade on this subject by the representative of France on 31 August 955 (see DC/SC.1/PV.53, pp. 7 and 8). "A. All the operations assigned to the earlier stages, which are still in progress, and in addition: "B. În a first category: "1. All military forces and formations; "2. All para-military forces and formations and police forces and formations organized on military lines; "3. All military installations such as barracks, training camps or bases and fortified zones; "4. All armaments factories; "5. All naval shipyards, particularly those engaged in the construction of submarines; "6. All factories manufacturing aircraft and self-propelled missiles, particularly aircraft body and engine plants, assembly plants and wind tunnels. "C. In a second category: "1. All enterprises producing or processing raw materials intended for the manufacture of armaments-for example, steel mills and other metallurgical industries, chemical indus UN Document, DC/SC.1/35, 6 October 1955, pp. 1-2, tries producing or capable of producing gunpowder, explo sives, poison gases, etc. and enterprises producing or processing materials which render them capable of use as armaments factories; "2. All sources of liquid and solid fuels capable of use in aircraft engines; "3. All sources of atomic and nuclear raw materials, and all information regarding their destination and use; "4. All nuclear and scientific research; "5. All enterprises suspected by the control organ of et gaging in any of the above-mentioned activities." Three-Power Proposal on Disarmament 82. THREE-POWER PROPOSAL ON DISARMAMENT, NOVEMBER 10, 1955 1 PROPOSAL BY THE GOVERNMENTS OF FRANCE, THE UNITED KINGDOM AND THE UNITED STATES OF AMERICA The four Ministers of Foreign Affairs 1. Note that their representatives on the subcommittee of the United Nations Disarmament Commission, in the pursuit of their efforts to establish a satisfactory system of disarmament, have fo lowed the directive given by the four Heads of Government at Geneva on July 27, 1955; 2. Take note of the work the subcommittee has accomplished in the spirit of the conference of the Heads of Government during its meetings in New York from August 29 to October 7, 1955, and express their appreciation to the subcommittee for its efforts; 3. Express their agreement on the following: (a) The renunciation of the use of nuclear weapons and s other weapons in any manner inconsistent with the Charter of the United Nations, (b) The need to arrive at limitations and reductions of armsments and of armed forces, (c) The need to devote to the peaceful economic development of nations, for raising their well being, as well as for assistance to less developed countries, the material resources that would be released by agreements in the disarmament field, (d) The fact that an effective system of inspection and cont. is the keystone of any disarmament program, and, consequently, the need to establish an organ responsible for the inspection and control of agreed measures of disarmament under effective safeguards, (e) The fact that there are possibilities beyond the reach o international control for evading this control and for organizer the clandestine manufacture of atomic and hydrogen weapons even if there is a formal agreement on international control, (f) The need for continued scientific search by each state, with appropriate consultation between governments, for methods which might be derived from evolving scientific knowledge that 1 Department of State Bulletin, Nov. 21, 1955. would make possible a thoroughly effective inspection and control system of nuclear weapons material as part of a disarmament program covering all kinds of armaments; 4. Declare their intent to continue to seek agreements on a comprehensive program for disarmament which will promote international peace and security with the least diversion for armament of the world's human and economic resources; 5. Recognize that inspection, control, limitation and reduction of armaments can best be achieved in an atmosphere which is free of fear and suspicion; 6. Propose accordingly that, as a contribution to such an atmosphere and as a prelude to a general disarmament programme, the states concerned: (a) Should agree promptly to put into early operation, in order to help prevent a surprise attack: (i) A plan for exchange of military blueprints and aerial inspection on the basis of the proposal of the President of the United States of July 21, 1955, and (ii) A plan for establishing control posts at key points, as suggested in the proposals of the Chairman of the Council of Ministers of the U. S. S. R. of July 21, 1955, (b) Should also agree: (i) To arrange for the exchange and publication of information regarding military expenditures and budgets, as suggested in the proposals made by the Prime Minister of France on July 22, 1955,2 and (ii) To study how best to gain practical experience regarding the problems of inspection and control, as suggested by the Prime Minister of the United Kingdom on July 21, 1955.3 7. Direct their representatives on the United Nations Disarmament Commission to request that its subcommittee be reconvened at an early date and continue to seek an acceptable solution to the problem of disarmament, Soviet Proposals 83. REGULATION AND REDUCTION OF ARMAMENTS: USSR DRAFT RESOLUTION, NOVEMBER 29, 1946 1. With a view to strengthening peace and international security in conformity with the aims and principles of the United Nations, the General Assembly recognizes the necessity of a general reduction of armaments. 2. The implementing of the decision concerning the reduction of armaments should include as the primary object the prohibition to produce and use atomic energy for military purposes. 3. To ensure the adoption of measures for the reduction of armaments and prohibition of the use of atomic energy for military purposes, there shall be established within the framework of the Security Council, which has the primary responsibility for international peace and security, international control operating on the basis of a special provision which should provide for the establishment of special organs of inspection for which purpose there shall be formed: The Geneva Conference of Heads of Government, p. 60. Yearbook of the United Nations 1946-47. York, 1947, p. 139. Department of Public Information, United Nations, New |