2. STATEMENT BY THE PRESIDENT, FEBRUARY 8, 1955 1 I am happy to be with you tonight for I strongly believe that Radio Free Europe and the Crusade for Freedom are vital to success in the battle for men's minds. Many of us learned during the war that the most potent force is spiritual; that the appeal to men's minds produces a dedication which surmounts every trial and test until victory is won. To toughen, strengthen, fortify such dedication to the cause of freedom is the mission of Radio Free Europe. Substantial progress has already been made. The free world is growing stronger because its peoples are growing in their determination to stand together and in their faith that freedom and justice will triumph. Radio Free Europe, each day of the year, nourishes this growth. Here at home, we Americans face the future with confidence. But we must also face up to the dangers that still lurk about us. We must ever work to strengthen our posture of defense and to reinforce our alliances and friendships in the free world. While we maintain our vigilance at home and abroad, we must help intensify the will for freedom in the satellite countries behind the Iron Curtain. These countries are in the Soviet backyard, and only so long as their people are reminded that the outside world has not forgotten them-only that long do they remain as potential deterrents to Soviet aggression. The great majority of the 70 million captives in these satellite countries have known liberty in the past. They now need our constant friendship and help if they are to believe in their future. Therefore, the mission of Radio Free Europe merits greater support than before. It serves our national security and the cause of peace. I have long given the Crusade for Freedom my strong endorsement. I did that because I am familiar with its purposes, its operations, the people who run it, and, perhaps, most important, its hard-hitting effectiveness as an independent American enterprise. I know that our country and our friends behind the Iron Curtain can count on you for active participation and leadership in this most critical of all battles-the winning of men's minds. Without this victory, we can have no other victories. By your efforts, backed up by America, we can achieve our great goal-that of enabling us and all the peoples of the world to enjoy in peace the blessings of freedom. 1 Department of State Bulletin, Feb. 21, 1955, p. 295. The statement was made by closed-circuit television to meetings held throughout the United States in support of Radio Free Europe, under the auspices of the American Heritage Foundation. Interpretation of the Human Rights Clauses of the Peace Treaties With Bulgaria, Hungary, and Rumania 3. NOTE FROM THE AMERICAN LEGATION AT BUCHAREST TO THE RUMANIAN FOREIGN MINISTRY, JANUARY 5, 1950 1 1 The Legation of the United States of America presents its compliments to the Ministry of Foreign Affairs of Rumania and has the honor to refer to the Legation's note of August 1, 19492 asking the Rumanian Government to join the United States Government in naming a Commission, in accordance with Article 38 of the Treaty of Peace, to settle the dispute which has arisen over the interpretation and execution of Article 3 of the Treaty. Reference is also made to the Ministry's note of September 2, 1949 and to the Legation's note of September 19, 19495 on the same subject. The Legation has the honor to inform the Ministry that the United States Government has designated Mr. Edwin D. Dickinson as its representative on the proposed Commission. It is requested that the Rumanian Government designate its representative forthwith and enter into consultation immediately with the United States Government through the American Minister in Bucharest, with a view to the appointment of the third member of the Commission as stipulated in Article 38 of the Peace Treaty. 4. ADVISORY OPINION OF THE INTERNATIONAL COURT OF JUSTICE, MARCH 30 1950 (Excerpts) * 6 On October 22nd, 1949, the General Assembly of the United Nations adopted the following Resolution: 7 "Whereas the United Nations, pursuant to Article 55 of the Charter, shall promote universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion, Whereas the General Assembly, at the second part of its Third Regular Session, considered the question of the observance in 1 Department of State Bulletin, Jan. 16, 1950, p. 97. The American Legations at Sofia and Budapest sent similar notes to the Bulgarian and Hungarian Foreign Ministries. The United States sent copies of all notes to the U.N. SecretaryGeneral on Jan. 6, 1950, in connection with General Assembly Res. 294 (IV), Oct. 22, 1949; A Decade of American Foreign Policy, pp. 1173-1175. Canada and the United Kingdom sent similar notes to Bulgaria, Hungary, and Rumania. 2 Department of State Bulletin, Aug. 15, 1949, p. 238. Treaty of Feb. 10, 1947; TIAS 1649 (61 Stat., pt. 2, p. 1757). • Summarized in Department of State Bulletin, Sept. 26, 1949, p. 456. Ibid., Oct. 3, 1949, pp. 514-515. • International Court of Justice Reports, 1950, pp. 66–78. "Resolution 294 (IV); A Decade of American Foreign Policy, pp. 1173-1175. Bulgaria and Hungary of human rights and fundamental freedoms, Whereas the General Assembly, on 30 April 1949, adopted Resolution 272 (III) concerning this question in which it expressed its deep concern at the grave accusations made against the Governments of Bulgaria and Hungary regarding the suppression of human rights and fundamental freedoms in those countries; noted with satisfaction that steps had been taken by several States signatories to the Treaties of Peace with Bulgaria 2 and Hungary regarding these accusations; expressed the hope that measures would be diligently applied, in accordance with the Treaties, in order to ensure respect for human rights and fundamental freedoms; and most urgently drew the attention of the Governments of Bulgaria and Hungary to their obligations under the Peace Treaties, including the obligation to co-operate in the settlement of the question, Whereas the General Assembly has resolved to consider also at the Fourth Regular Session the question of the observance in Romania of human rights and fundamental freedoms, Whereas certain of the Allied and Associated Powers signatories to the Treaties of Peace with Bulgaria, Hungary and Romania have charged the Governments of those countries with violations of the Treaties of Peace and have called upon those Governments to take remedial measures,* Whereas the Governments of Bulgaria, Hungary and Romania have rejected the charges of Treaty violations, Whereas the Governments of the Allied and Associated Powers concerned have sought unsuccessfully to refer the question of Treaty violations to the Heads of Mission in Sofia, Budapest and Bucharest, in pursuance of certain provisions in the Treaties of Peace, Whereas the Governments of these Allied and Associated Powers have called upon the Governments of Bulgaria, Hungary and Romania to join in appointing Commissions pursuant to the provisions of the respective Treaties of Peace for the settlement of disputes concerning the interpretation or execution of these Treaties, Whereas the Governments of Bulgaria, Hungary and Romania have refused to appoint their representatives to the Treaty Commissions, maintaining that they were under no legal obligation to do so, Whereas the Secretary-General of the United Nations is authorized by the Treaties of Peace, upon request by either party to a dispute, to appoint the third member of a Treaty Commission A Decade of American Foreign Policy, pp. 1170-1171. Ibid., pp. 1165-1170. See the U.S. note of Jan. 5, 1950; supra, doc. 3. if the parties fail to agree upon the appointment of the third member, Whereas it is important for the Secretary-General to be advised authoritatively concerning the scope of his authority under the Treaties of Peace, The General Assembly 1. Expresses its continuing interest in and its increased concern at the grave accusations made against Bulgaria, Hungary and Romania; 2. Records its opinion that the refusal of the Governments of Bulgaria, Hungary and Romania to co-operate in its efforts to examine the grave charges with regard to the observance of human rights and fundamental freedoms justifies this concern of the General Assembly about the state of affairs prevailing in Bulgaria, Hungary and Romania in this respect; 3. Decides to submit the following questions to the International Court of Justice for an advisory opinion: 'I. Do the diplomatic exchanges between Bulgaria, Hungary and Romania, on the one hand, and certain Allied and Associated Powers signatories to the Treaties of Peace, on the other, concerning the implementation of Article 2 of the Treaties with Bulgaria and Hungary and Article 3 of the Treaty with Romania, disclose disputes subject to the provisions for the settlement of disputes contained in Article 36 of the Treaty of Peace with Bulgaria, Article 40 of the Treaty of Peace with Hungary, and Article 38 of the Treaty of Peace with Romania?' In the event of an affirmative reply to question I: 'II. Are the Governments of Bulgaria, Hungary and Romania obligated to carry out the provisions of the articles referred to in question I, including the provisions for the appointment of their representatives to the Treaty Commissions?' In the event of an affirmative reply to question II and if within thirty days from the date when the Court delivers its opinion, the Governments concerned have not notified the Secretary-General that they have appointed their representatives to the Treaty Commissions, and the Secretary-General has so advised the International Court of Justice: 'III. If one party fails to appoint a representative to a Treaty Commission under the Treaties of Peace with Bulgaria, Hungary and Romania where that party is obligated to appoint a representative to the Treaty Commission, is the Secretary-General In the event of an affirmative reply to question III: 4. Requests the Secretary-General to make available to the International Court of Justice the relevant exchanges of diplomatic correspondence communicated to the Secretary-General for circulation to the Members of the United Nations and the records of the General Assembly proceedings on this question; 5. Decides to retain on the agenda of the Fifth Regular Session of the General Assembly the question of the observance of human rights and fundamental freedoms in Bulgaria, Hungary and Romania, with a view to ensuring that the charges are appropriately examined and dealt with." In conformity with the Resolution of the General Assembly of October 22nd, 1949, the Court is at present called upon to give an Opinion only on Questions I and II set forth in that Resolution. The power of the Court to exercise its advisory function in the present case has been contested by the Governments of Bulgaria, Hungary and Romania, and also by several other Governments, in the communications which they have addressed to the Court. This objection is founded mainly on two arguments. It is contended that the Request for an Opinion was an action ultra vires on the part of the General Assembly because, in dealing with the question of the observance of human rights and fundamental freedoms in the three States mentioned above, it was "interfering" or "intervening" in matters essentially within the domestic jurisdiction of States. This contention against the exercise by the Court of its advisory function seems thus to be based on the alleged incompetence of the General Assembly itself, an incompetence deduced from Article 2, paragraph 7, of the Charter. The terms of the General Assembly's Resolution of October 22nd, 1949, considered as a whole and in its separate parts, show that this argument is based on a misunderstanding. When the vote was taken on this Resolution, the General Assembly was faced with a situation arising out of the charges made by certain Allied and Associated Powers, against the Governments of Bulgaria, Hungary and Romania of having violated the provisions of the |