"5. The Depositary Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification of and accession to this Treaty, the date of its entry into force and other notices. "6. This Treaty shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations. "ARTICLE 36 "Any State Party to the Treaty may propose amendments to this Treaty. Amendments shall enter into force for each State Party to the Treaty accepting the amendments upon their acceptance by a majority of the States Parties to the Treaty and thereafter for each remaining State Party to the Treaty on the date of acceptance by it. "ARTICLE 37 "Any State Party to the Treaty may give notice of its withdrawal from the Treaty one year after its entry into force by written notification to the Depositary Governments. Such withdrawal shall take effect one year from the date of receipt of this notification. "ARTICLE 38 "This Treaty, of which the English, Russian, French, Spanish, Chinese, and Arabic texts are equally authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of this Treaty shall be transmitted by the Depositary Governments to the Governments of the signatory and acceding States. "IN WITNESS WHEREOF the undersigned, duly authorized, have signed this Treaty. "DONE in triplicate, at the capital cities of the Depositary Governments at Washington, Moscow, and London, this one thousand nine hundred and day of "For the United States of America: "For the United Kingdom of Great Britain and Northern Ireland:" Senator CHURCH. I want to thank the Senator very much and I appreciate his attendance here this morning, because of his service for many years in the cause of strengthening the international machinery for peacekeeping. He has been, along with Senator Clark, one of the leaders in the Senate in this effort. Senator PELL. May I just comment here, too? I used to be on the International Secretariat for the Committee of Experts for the Security Council in the 1940's. I remember then how we were working together as international civil servants to try to bring into being this concept that 20, 25 years later you, Mr. Chairman, have taken a great lead in doing. And I wish you good luck in it. Senator CHURCH. Thank you very much, Senator. We have two distinguished members of the Republican membership of this committee with us this morning, and I would like to defer to them at this time. Senator Carlson, have you any comment? HOPE FOR EFFECTIVE U.N. PEACEKEEPING FORCE VOICED Senator CARLSON. Mr. Chairman, I don't know as I have any comment. As one who served as a delegate to the United Nations, I regretted what seems to be the ineffectiveness of this U.N. in this area of peacekeeping. I think the hearing we are going to hold here today will, I hope, bring out some thoughts that will be helpful in getting either some legislation or at least some resolutions through that would help strengthen the organization in this field. Senator CHURCH. I thank the Senator very much. Senator Case? Senator CASE. Thank you, Mr. Chairman. The chairman and I were together as delegates a year ago at the United Nations. That experience increased my great admiration for our chairman, as well as my personal regard for him. PROBE INTO PEACEKEEPING POSSIBILITIES URGED My own particular interest in that session was this topic of peacekeeping, and I found it extremely interesting and somewhat sobering to get into the matter deeply. Still, things are what they are and there is no use making believe they are otherwise. I think we understand that to get the most out of any situation it has to be by looking the facts squarely in the face, and that is why I am happy, Mr. Chairman, you have raised the subject again in these hearings. I hope that we may probe more deeply than some superficial examinations of the subject which reflect perhaps the current view of what peacekeeping possibilities are. In doing this, I think we shall probably gain insights which will make us more effective as a committee. Thank you very much. Senator CHURCH. Senator Clark? Senator CLARK. May I say a word, Mr. Chairman? A TURN TOWARD PEACE Senator CLARK. In my opinion, the country, and indeed the world, is at one of those critical watersheds today, where we either turn toward peace or we turn toward a further proliferation into small wars with the ultimate potential of a big war. I would hope that these hearings could make at least a perceptible contribution towards a turn toward peace. To my way of thinking, this is essential if our civilization is to survive. Senate Concurrent Resolution 47 is a very modest step toward a turn toward peace. The larger picture, of course, requires a return to the principles of the two treaties of general and complete disarmament under strict international control, as the Russians phrase it, or under enforcible world law, as President Kennedy phrased it, and as our draft treaty tabled at Geneva contemplates. I would hope that the current situation in Vietnam will turn toward peace promptly, and we can then look forward to that detente with the Soviet Union which, to my way of thinking, in a broader sense, is the sine qua non of any real turn toward peace. I make these general comments to put in perspective this relatively modest proposal. I agree fully with Senator Carlson that hopefully we will delve pretty deeply into this relatively minor but nonetheless very important matter in the hearings we are to have. And the witnesses we will hear today are eminently competent to give us that study in depth. Needless to say, it is my view that if the United Nations is to perform adequately the mission which Senator Pell spoke so well of, which was ntemplated in 1945 at San Francisco, we will have in the long run to make substantial changes in its present charter. But that is not before us today. I would like to commend Senator Pell for his keen interest in the international regulation of the problems of the sea. I assure him of my strong support for his resolution which he has offered. Senator PELL. Thank you. RESOLVING CLAUSE OF RESOLUTION Senator CLARK. Before the witnesses begin, I would like to call their attention and that of our visitors to the resolving part of Senate Concurrent Resolution 47, which appears on the second page is divided into two parts; first the immediate objectives and, second, the long range developments. I have no doubt the witnesses will comment on the part of the resolution which deals with the immediate objectives and in three subheadings calls for: first, the encouragement of and support of the earmarking and specialized training of units by United Nations member states for employment in United Nations peacekeeping operations. Second, that the United States should be prepared to make available to the U.N. transport, communications, and logistical personnel and facilities. And, third, that the United States should be prepared to advocate or support proposals for guidelines to govern the financing, training and equipping, and duration of a peacekeeping force for effective use as well as guidelines to govern concomitant machinery for peacekeeping where peacekeeping forces are in use. Then, to me, the long-range objective of this relatively modest proposal which is set forth in subparagraph (b) of the resolution is to develop the United Nations as a more effective instrument for building and keeping the peace and that the U.S. Government should encourage, and here I stress this, the creation of a permanent individually recruited force under United Nations command for impartial peacekeeping duties. This part (b), is, of course, to many conventional thinkers pretty far out, and yet to my way of thinking the very, very limited yielding of national sovereignty contemplated in creating an individually recruited peacekeeping force instead of mere national contingents is one quite sure way to assure that no one nation will dominate, that the financial problems of peacekeeping forces might well be solved, and I hope you gentlemen will address yourselves to that financial problem, too. And, of course, it is inherent in part (b) of the resolution that the individually recruited force should have quotas to prevent any one country from having a sufficiently large membership in the individually recruited force to dominate the effort. Thank you, Mr. Chairman, for your indulgence. INTEREST OF SENATORS IN SUBJECT Senator CHURCH. I want to say at this time we are all indebted to Senator Clark for the continuing and persistent interest that he has had in all aspects of the U.N., and for doing much of the spadework that was necessary to make this hearing possible. He is entitled to the greatest credit. Senator CLARK. I want to thank Senator Church for being willing, as chairman of the committee and as a cosponsor of the resolution, to preside at these hearings. And in view of the kind words he has just said about me, I would like to indicate what a great force for the cause of peace the Senator has been during 12 years of service in the Senate. I think perhaps in the light of the presence of my two distinguished colleagues from the minority party on the right, this following comment should be made off the record. (Discussion off the record.) Senator CHURCH. I really believe, Senator, we should at this point break off to hear the witnesses. So far, we have done all the testifying. Senator CLARK. I believe that is a good idea. I would like to have printed in the record, however, prior to the testimony of the first witness, the text of chapters 6 and 7 of the United Nations Charter, dealing in chapter 6 with pacific settlements of disputes, and in chapter 7 with action with respect to threats to the peace, breaches of the peace, and acts of aggression. (The material follows:) TEXT OF CHAPTERS VI AND VII OF THE U.N. CHARTER CHAPTER VI PACIFIC SETTLEMENT OF DISPUTES Article 33 1. The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful meansof their own choice. 2. The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means. Article 34 The Security Council may investigate any dispute, or any situation which might lead to international friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security. Article 35 1. Any Member of the United Nations may bring any dispute, or any situation of the nature referred to in Article 34, to the attention of the Security Council or of the General Assembly. 2. A state which is not a Member of the United Nations may bring to the attention of the Security Council or of the General Assembly any dispute to which it is a party if it accepts in advance, for the purposes of the dispute, the obligations of pacific settlement provided in the present Charter. 3. The proceedings of the General Assembly in respect of matters brought to its attention under this Article will be subject to the provisions of Articles 11 and 12. Article 36 1. The Security Council may, at any stage of a dispute of the nature referred to in Article 33 or of a situation of like nature, recommend appropriate procedures or methods of adjustment. 2. The Security Council should take into consideration any procedures for the settlement of the dispute which have already been adopted by the parties. 3. In making recommendations under this Article the Security Council should also take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice in accordance with the provisions of the Statute of the Court. Article 37 1. Should the parties to a dispute of the nature referred to in Article 33 fail to settle it by the means indicated in that Article, they shall refer it to the Security Council. 2. If the Security Council deems that the continuance of the dispute is in fact likely to endanger the maintenance of international peace and security, it shall decide whether to take action under Article 36 or to recommend such terms of settlement as it may consider appropriate. Article 38 Without prejudice to the provisions of Articles 33 to 37, the Security Council may, if all the parties to any dispute so request, make recommendations to the parties with a view to a pacific settlement of the dispute. CHAPTER VII ACTION WITH RESPECT TO THREATS TO THE PEACE, BREACHES OF THE PEACE, AND ACTS OF AGGRESSION Article 39 The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security. Article 40 In order to prevent an aggravation of the situation, the Security Council may, before making the recommendations or deciding upon the measures provided for in Article 39, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable. Such provisional measures shall be without prejudice to the rights, claims, or position of the parties concerned. The Security Council shall duly take account of failure to comply with such provisional measures. Article 41 The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations. Article 42 Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations. Article 43 1. All Members of the United Nations, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council, on its call and in accordance with a special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security. 2. Such agreement or agreements shall govern the numbers and types of forces, their degree of readiness and general location, and the nature of the facilities and assistance to be provided. 3. The agreement or agreements shall be negotiated as soon as possible on the initiative of the Security Council. They shall be concluded between the Security |