III. Atomic Energy Commission

Establishment of the Atomic Energy Commission

W

HEN THE United Nations met at San Francisco to draw up the Charter of the United Nations, atomic energy as a deadly weapon was as yet unknown to the world. After the surrender of Japan, this Government moved to establish machinery, both domestic and international, for control of the new and devastating weapon, and to insure that atomic energy would be used only for peaceful and productive purposes. In the President's message to the Congress on October 3, 1945, domestic legislation was recommended, which has already come into being, and the need was stressed for international arrangements looking to the renunciation of the use of the atomic bomb and the encouragement of the use of atomic energy for peaceful and humanitarian ends.

With these purposes in mind the President met with the Prime Ministers of the United Kingdom and Canada during the following month. The result of these conversations by the Governments which had collaborated in the wartime development of the atomic bomb was an Agreed Declaration citing the urgent need for international action under the auspices of the United Nations to control atomic energy to the extent necessary to insure its use only for peaceful purposes, to outlaw atomic weapons and other major weapons adaptable to mass destruction, and to provide for effective safeguards by way of inspection and other means to protect complying states against the hazards of violations and evasions.

The signatories of the Agreed Declaration, recognizing the magnitude of the task outlined and the need for having the other states which share under the Charter the primary responsibility for maintaining international peace and security join in the undertaking, took steps to accomplish this end.

As a result of a conference among the Secretary of State of the United States and the Foreign Ministers of the United Kingdom and the Soviet Union at Moscow in December 1945, the Soviet Union concurred in the principles outlined in the Agreed Declaration and be

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came a co-sponsor of the Resolution which was introduced into the General Assembly at its First Session in London in January 1946. France and China also readily joined in introducing the resolution which called for the establishment of a United Nations Atomic Energy Commission. The General Assembly, taking note of the urgency and importance of the objectives of the proposed commission, approved the Resolution on January 24, 1946 without a dissenting vote. The objectives are stated in the terms of reference of the Commission which require it to make specific proposals:

"(a) for extending between all nations the exchange of basic scientific information for peaceful ends;

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"(b) for control of atomic energy to the extent necessary to ensure its use only for peaceful purposes;

"(c) for the elimination from national armaments of atomic weapons and of all other major weapons adaptable to mass destruction; "(d) for effective safeguards by way of inspection and other means to protect complying States against the hazards of violations and evasions." 1

The resolution specifies that the work of the Commission should proceed by separate stages, the successful completion of each of which will develop the necessary confidence of the world before the next stage is undertaken. The Commission was duly constituted, consisting of the representatives of the members of the Security Council and Canada. It began its meetings in New York on June 14, 1946.

By the terms of reference of the General Assembly resolution, the Commission shall submit its reports and recommendations to the Security Council, and such reports and recommendations shall be made public unless the Security Council, in the interest of peace and security, otherwise directs. In the appropriate cases the Security Council shall transmit these reports to the General Assembly and the Members of the United Nations, as well as to the Economic and Social Council and other organizations within the framework of the United Nations.

Appointment of the United States Representative to the Atomic Energy Commission

In accordance with the provisions of the United Nations Participation Act, Mr. Bernard M. Baruch was nominated by the President on March 18, 1946 and confirmed by the Senate on April 5,

1The Assembly resolution is published in the Report of the Secretary of State on the First Part of the First Session of the General Assembly.

1946 as the United States Representative on the United Nations Atomic Energy Commission.2

Formulation of the United States Position on International Control of Atomic Energy

1. ESSENTIAL CONSIDERATIONS

The basic approach to the international control of atomic energy adopted by the United States Representative and his associates—as in the case of the Acheson-Lilienthal group-has been to ascertain the facts and to build a solution in conformity with those facts. It was clear that the advent of atomic energy into the affairs of the world had created unprecedented dangers and that a sound solution would likewise have to be unprecedented. The threat of atomic warfare which would hang over the world unless an effective system of control were found for this dread force demanded a bold approach which, while within the terms of reference of the General Assembly Resolution, would not give undue emphasis to traditional techniques.

A salient factor which had to be constantly borne in mind was that, up to a very advanced point, atomic energy processes are identical, whether the ultimate purpose is peaceful or destructive. Thus, the world might safely enjoy the positive benefits of atomic energy only if a means were found to forestall its use for destructive ends. It was clear that a mere agreement to outlaw the production and use of atomic bombs was not enough. It was also recognized that a system based on international inspection alone which would leave control

2 Mr. Baruch selected John M. Hancock, Ferdinand Eberstadt, Herbert Bayard Swope, and Fred Searls, Jr., as his associates and advisers. Later, Thomas F. Farrell was named an associate, as was Dr. Richard C. Tolman who was also named scientific adviser to the Delegation, assisted by a Scientific Panel composed of Drs. R. F. Bacher, A. H. Compton, J. R. Oppenheimer, I. I. Rabi, C. A. Thomas, and H. C. Urey. A small number of staff assistants and consultants, along with the necessary administrative personnel, was appointed. Appropriate liaison arrangements were made with the Manhattan District on military security matters and with the United States Delegation to the United Nations Military Staff Committee on military policy matters.

The Secretary of State arranged for Charles Fahy, Legal Adviser to the Department of State, to assist Mr. Baruch and his staff. Assistance was also rendered by Henry G. Ingraham and John Howard of the Legal Adviser's Office. A Report on the International Control of Atomic Energy was in the main the work of a Board of Consultants to the Department of State. The Board, headed by D. E. Lilienthal, carried out its assignment under the direction of a Committee on Atomic Energy which the Secretary of State set up on Jan. 7, 1946 with Dean Acheson, Under Secretary of State, as chairman. The document was made public not as a statement of policy, but solely as a basis for discussion.

over the various atomic energy processes in the hands of national authorities would prove inadequate. When these facts were carefully pondered, it became obvious that an effective system of control would necessarily have to be on an international basis and that some international body would have to be empowered to control all critical phases of atomic energy.

2. UNITED STATES PROPOSALS

Through a series of conferences with the President and the Secretary of State, as well as members of the Acheson-Lilienthal group and members of Congress, Mr. Baruch and his associates worked out the broad lines of the United States policy.

As presented to the Atomic Energy Commission with the approval of the President as a basis for discussion, the United States plan called for a special treaty establishing an international Atomic Development Authority-as proposed in the Acheson-Lilienthal Reportresponsible for control (including, where necessary, accounting, inspection, supervision, management, and licensing) of all activities in the field of atomic energy. The Authority would be supported by a system of rapid and effective punishments for violations and by free access for geological surveyors and other necessary inspectors to prevent misuse and insure compliance. It was proposed that no single state should have power to prevent the carrying out of punishments for crimes specifically defined in advance by voluntary agreement. After a system of international control had been brought into effective operation by appropriate stages, specifically defined in the treaty, it was proposed to cease bomb. production and dispose of any existing bombs pursuant to the terms of the treaty, properly ratified in accordance with our established constitutional processes.*

Work Accomplished by the Atomic Energy Commission

In carrying on its work the Atomic Energy Commission established a series of subcommittees. At present these committees include: a Working Committee or Committee of the Whole, a Committee on Controls, a Legal Advisory Committee, and a Scientific and Technical Committee.

The work of the Commission to date may be summarized briefly in six phases:

1. INITIAL PRESENTATION OF VIEWS

The first phase extended from June 14 through June 25. While all twelve representatives made opening statements in the Commission, only two basic plans were put forward-the United States and 4 See supplement for text of June 14 Proposals.

the Soviet Proposals. The United States Proposal was made on June 14. On June 19 the Soviets proposed a convention calling for the immediate outlawing of the production and use of atomic weapons and the destruction of all stocks of atomic weapons within a period of three months thereafter and the enactment of national enforcement legislation within six months. This was to be followed by further consideration by the Commission of means of exchanging information and of possible methods of control.

2. ELABORATION

OF UNITED STATES PROPOSALS

The second phase ran from June 25 through July 15, during which the United States Delegation presented a series of three memoranda,5 which elaborated the provisions that might be contained in the treaty and the charter establishing the Authority, its detailed powers and functions, and the relations between the Authority and the organs of the United Nations. It was proposed that the international control body should have a degree of autonomy commensurate with its responsibilities, but that to the extent possible this body should be brought into close relationship with the United Nations structure. As regards relations with the Security Council, it was urged that a formula should be found which would not diminish the general powers of the Security Council relating to the maintenance of international peace and security but which would not subject the Authority to inaction through the use of the veto. The treaty should define specifically certain acts as international crimes and should provide for swift punishment of violators. It was stated that all parties to the treaty and all peoples of the world should have protection of a final and dependable character against the terrible consequences of the destructive use of atomic energy. Such protection required international machinery which could and would function quickly-machinery which would not permit an offender to be protected by his own or another's obstruction.

It was pointed out that a provision that the veto would not apply in the field of atomic energy matters would in no wise involve any compromise of the principles of unanimity of action as applied to general international peace and security problems or to particular situations not foreseeable and, therefore, not susceptible of advance unanimous agreement in the treaty. Concerning the right of self-defense under article 51 of the Charter, it was suggested that the term "armed attack" might be redefined in a manner appropriate to atomic weapons

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These memoranda are contained in International Control of Atomic Energy: Growth of a Policy, Department of State publication 2702.