APPENDIX 51 January 16, 1945 65 Memorandum for the President Establishment of An Emergency High Commission for Liberated Europe I recommend that at your meeting with Marshal Stalin and Prime Minister Churchill you propose the immediate establishment of an Emergency High Commission for Liberated Europe, the initial membership to consist of the Governments of the United States, the United Kingdom, and the Soviet Union, and the Provisional Government of France. A proposed draft declaration and protocol are attached for your consideration. The proposed Emergency High Commission would be set up as a joint, temporary agency of the four governments through which they would act together to assist in establishing popular governments and in facilitating the solution of emergency economic problems in the former occupied and satellite states of Europe. It would not have responsibilities in regard to the conduct of the war or the post-war control of Germany. Questions regarding Germany would remain solely in the province of the European Advisory Commission, and of such agencies as may be established for control of Germany. Announcement from your meeting of agreement on the establishment of such a commission would reassure public opinion in the United States and elsewhere that these four nations will work together in the solution of pressing problems while further steps are being taken toward the establishment of the General International Organization. There is urgent need for these four nations to achieve unity of policy, and joint action, with respect to: 1. Political problems emerging in the former occupied and satellite states of Europe, such as the return of certain exiled governments, the setting up of provisional regimes, the maintenance of order within countries, and the arranging of early elections where necessary to establish popular and stable governments; 2. Immediate economic problems such as the care for destitute populations and the restoration of functioning economic life of particular countries. The proposed Emergency High Commission would constitute the agency for providing for the necessary regular consultation and cooperative action in these matters. Also it would greatly help to remove the difficulties being encountered by United Nations' agencies in related fields. [Attachment 1] DECLARATION ON LIBERATED EUROPE The President of the United States of America, the Prime Minister of the United Kingdom, the Premier of the Union of Soviet Socialist Republics, and the President of the Provisional Government of the French Republic, having consulted with each other in the common interests of the peoples of their countries and 65 Date supplied. Handed same date to Secretary of State Stettinius and transmitted by him to the President with additional papers for his use at the Crimea Conference. Brackets in text as in original. those of liberated Europe, jointly declare their mutual agreement to concert the action of their four governments in assisting the peoples liberated from the domination of Nazi Germany and its satellites to solve by democratic means their pressing political and economic problems. The retreat of the Nazi war machine and the collapse of its puppet regimes, under the relentless blows of the victorious armies and resistance forces of the United Nations, are leaving behind confusion and disorder, and incalculable distress and suffering. The agony of the liberated peoples must be relieved. Swift steps must be taken to help them in the orderly reconstruction of their daily living. The establishment of order in Europe and the rebuilding of national economic life must be achieved by processes which will enable the liberated peoples to destroy the last vestiges of Nazism and Fascism and to create democratic institutions of their own choice. This is a promise of the Atlantic Charter-the right of all peoples to choose the form of government under which they will livethe restoration of sovereign rights and self-government to those peoples who have been forcibly deprived of them. To foster the conditions in which the liberated peoples may exercise these rights, the Governments of the United States of America, the United Kingdom, and the Union of Soviet Socialist Republics, and the Provisional Government of the French Republic have agreed to establish, for such joint action as may be necessary, an Emergency High Commission for Liberated Europe, as set forth by the protocol of this date. By this declaration we reaffirm our faith in the principles of the Atlantic Charter, our pledge in the Declaration by United Nations, and our determination to build in cooperation with other peace-loving nations a world order under law, dedicated to the peace and security and the general well-being of all mankind. [Attachment 2] EMERGENCY HIGH COMMISSION FOR LIBERATED EUROPE Pursuant to the Declaration on Liberated Europe and with a view to concerting their policies with respect to the objectives set forth therein, the Governments of the United States of America, the United Kingdom, and the Soviet Union, and the Provisional Government of the French Republic hereby establish an Emergency High Commission for Liberated Europe. A. Functions and Scope 1. The Emergency High Commission for Liberated Europe shall have responsibility in such former occupied states of Europe and in such former enemy states as in the judgment of the four governments conditions may make necessary: a. To assist where circumstances require in the maintenance of internal order; b. To assist as may be required in the taking of emergency measures for care of the population and for solution of pressing economic problems; c. To assist where circumstances require in setting up governmental authorities broadly representative of all democratic elements in the population and pledged to the earliest possible establishment through free elections of governments responsible to the will of the people; d. To assist as may be appropriate in making arrangements for, and in conducting free elections to determine the type and composition of governments; e. To perform such other duties as may be assigned to it by agreement of the governments represented on the Emergency High Commission. 2. The Emergency High Commission shall have no authority, functions, or responsibilities with regard to the conduct of military operations in the prosecution of the present war against Germany, or the occupation and control of Germany. 3. The Emergency High Commission shall consult with other international agencies as necessary on problems which are of mutual concern. B. Membership 1. The membership of the Emergency High Commission shall consist of the Governments of the United States, the United Kingdom, and the Soviet Union, and the Provisional Government of the French Republic, each of which shall appoint one representative. As may be necessary the Emergency High Commission may enlarge its membership. 2. Representatives of other United Nations and of provisional authorities or of governments in Europe shall be invited by the Emergency High Commission to sit with it when matters of direct interest to them are under consideration. C. Location and Organization 1. The headquarters of the Emergency High Commission shall be in [Paris]. It may meet in other places as occasion requires. 2. It may designate officials of member governments to represent it in individual countries or areas. 3. The Governments which are members of the Emergency High Commission shall provide such military or other special advisers as may be required to assist it in performing its functions. 4. It shall organize its technical staff and otherwise establish and perfect its organization and procedure. Its chairmanship shall be held successively by representatives of the member governments. D. Termination The Emergency High Commission for Liberated Europe shall terminate when the functioning of popular and stable governments and the operations of appropriate organs or agencies of the general international organization shall have removed the need for its activities. APPENDIX 52 November 15, 1944 66 Memorandum for the President Voting Procedure in the Security Council Background There are three issues involved in this connection, as follows: 1. Size of majority 2. Unanimity of permanent members 3. Procedure in the event that one of the permanent members is a party to a dispute The Russians took the position that the Council should make decisions by a simple majority vote; that unanimity of the permanent members should be re 66 Considered by Acting Secretary Stettinius and some of his associates with the President on the same date. quired, except on procedural questions; and that the unanimity rule should prevail even when one of the permanent members is a party to a dispute. The British took the position that the Council's decisions should be by a twothirds majority vote, except that procedural questions might be settled by a simple majority vote; that unanimity of the permanent members should be required on all substantive matters; and that parties to a dispute should not vote. The Chinese position was similar to the British. In accordance with your instructions, our delegation took a position similar to the British, except that we expressed our willingness to accept either a simple majority or a two-thirds majority. In the course of the Dumbarton discussions, in order to meet the conflicting views, proposals were tentatively made that decisions should require the affirmative votes of seven members, rather than of six members as would be the case under a simple majority rule, or of eight members as would be the case under a two-thirds rule; and that unanimity of the permanent members should be required on all substantive matters, except that in decisions of the Council relating to pacific settlement of disputes (Section A of Chapter VIII) parties to a dispute should not vote. These proposals were not accepted, although they were favorably regarded by Sir Alexander Cadogan and his associates and by Dr. Koo and his associates. Recommendation It is recommended that This government accept the formula embodied in the attached draft of a proposal on this subject and seek to obtain the acceptance of that formula by Soviet Russia and the United Kingdom. The proposed formula is essentially along the lines of the compromise solution discussed at Dumbarton Oaks. It provides that parties to a dispute should abstain from voting in those decisions of the Council which relate to the investigation of disputes, to appeals by the Council for peaceful settlement of disputes, and to recommendations by the Council as to methods and procedures of settlement. It retains the unanimity rule for decisions relating to the determination of the existence of threats to the peace or breaches of the peace and to the suppression of such threats or breaches. This proposal should be acceptable to this country, since no party to a dispute would sit as a judge in its own case so long as judicial or quasi-judicial procedures are involved, but would participate fully in procedures involving political rather than judicial determination. It should be acceptable to Soviet Russia because it meets her desire that no action be taken against her without her consent. PROPOSAL FOR SECTION C OF THE CHAPTER ON THE C. VOTING 1. Each member of the Security Council should have one vote. 2. Decisions of the Security Council on procedural matters should be made by an affirmative vote of seven members. 3. Decisions of the Security Council on all other matters should be made by an affirmative vote of seven members including the concurring votes of the permanent members; provided that, in decisions under Section VIII A and under paragraph 1 of Section VIII C, a party to a dispute should abstain from voting. APPENDIX 53 January 15, 1945 67 Principal Substantive Decisions on Which the Security Council Would Have to Vote Under the voting formula proposed by the President, all of the decisions listed below would require the affirmative votes of 7 members of the Security Council, including the votes of the permanent members. The only exception would be that, in the event that a permanent member is a party to a dispute or a situation before the Council, that member would not cast its vote in decisions listed under "Promotion of Peaceful Settlement of Disputes" (Category III below). I. Recommendations to the General Assembly on 1. Admission of new members; 2. Suspension of a member; 3. Expulsion of a member; 4. Election of the Secretary General. II. Restoration of the rights and privileges of a suspended member. III. Promotion of peaceful settlement of disputes, including the following questions: 1. Whether a dispute or a situation brought to the Council's attention is of such a nature that its continuation is likely to threaten the peace; 2. Whether the Council should call on the parties to settle or adjust the dispute or situation by means of their own choice; 3. Whether the Council should make a recommendation to the parties as to methods and procedures of settlement; 4. Whether the legal aspects of the matter before it should be referred by the Council for advice to the international court of justice; 5. Whether, if there exists a regional agency for peaceful settlement of local disputes, such an agency should be asked to concern itself with the controversy. IV. Removal of threats to the peace and suppression of breaches of the peace, including the following questions: 1. Whether failure on the part of the parties to a dispute to settle it by means of their own choice or in accordance with the recommendations of the Security Council in fact constitutes a threat to the peace; 2. Whether any other actions on the part of any country constitute a threat 3. What measures should be taken by the Council to maintain or restore the V. Approval of special agreement or agreements for the provision of armed forces and facilities. 67 This document bears the following notation: Copies of this document were given informally to the Soviet and British Ambassadors in Washington shortly after January 15, 1945. |