In the Korean situation the resolution of the Security Council of June 25 determined, under Article 39 of the Charter, that the action of the North Koreans constituted a breach of the peace and called upon "the authorities in North Korea (a) to cease hostilities forthwith; and (b) to withdraw their armed forces to the Thirty-Eighth Parallel.” It also called upon “all Members to render every assistance to the United Nations in the execution of this resolution." This is an application of the principles set forth in Article 2, paragraph 5 of the Charter, which states: “All members shall give the United Nations every assistance in any action which it takes in accordance with the present Charter. The Security Council resolution of June 27, passed after the North Korean authorities had disregarded the June 25 resolution, recommended "that Members of the United Nations furnish such assistance to the Republic of Korea as may be necessary to repel the armed attack and to restore international peace and security in the area." This recommendation was also made under the authority of Article 39 of the Charter. The President's action seeks to accomplish the objectives of both resolutions. The continued defiance of the United Nations by the North Korean authorities would have meant that the United Nations would have ceased to exist as a serious instrumentality for maintenance of international peace. The continued existence of the United Nations as an effective international organization is a paramount United States interest. The defiance of the United Nations is in clear violation of the Charter of the United Nations and of the resolutions adopted by the Security Council of the United Nations to bring about a settlement of the problem. It is a threat to international peace and security, a threat to the peace and security of the United States and to the security of United States forces in the Pacific. These interests of the United States are interests which the President as Commander in Chief can protect by the employment of the Armed Forces of the United States without a declaration of war. It was they which the President's Order of June 27 did protect. This order was within his authority as Commander in Chief. JULY 3, 1950. APPENDIX P ACTION ON THE CHINESE REPRESENTATION QUESTION IN UNITED NATIONS AND SPECIALIZED AGENCY BODIES, JANUARY 13, 1950, TO MAY 22, 1951-ADDENDUM, MAY 22, 1951, TO JUNE 12, 1951 Action on the Chinese Representation Question in United Nations and Special ized Agency Bodies (January 13, 1950, to May 22, 1951) September 19, 1950: GENERAL ASSEMBLY (a) Indian resolution to seat Chinese Communists rejected, 16 states voting in favor, 33 against (US), 10 abstentions. (b) Soviet resolution to exclude Chinese National Representatives rejected, 10 states voting in favor, 30 against (US), 8 abstentions. (c) Soviet resolution to invite Chinese Communists to take part in the work of the General Assembly rejected, 11 states voting in favor, 37 against (US), 8 abstentions. (d) Canadian resolution adopted, first paragraph by 38 votes (US) to 6, with 11 abstentions, second paragraph by 42 votes (US) to 8, with 6 abstentions. This resolution (1) established a Special Committee to consider the Chinese representation question and report with recommendations to the General Assembly after the Assembly had considered an agenda item on the general problem of recognition by the United Nations of the representation of a Member state; and (2) provided that, pending a decision by the Assembly on the report of the Special Committee, the Chinese National representatives should be seated with the same rights as other representatives. September 23, 1950: Soviet proposal that the credentials of the Chinese National representatives not be recognized as valid rejected, 7 states voting in favor, 40 against (US), 3 abstentions. GENERAL ASSEMBLY SUBSIDIARY BODIES Advisory Committee on Administrative and Budgetary Questions April 11, 1950: Chairman's ruling that Soviet proposal to unseat Chinese National Member was out of order sustained, US voting to sustain the ruling. Committee of Twelve (Committee to study ways and means whereby the work of the Atomic Energy Commission and the Commission for Conventional Armaments might be co-ordinated and on the advisability of their functions being merged and placed under a new and consolidated disarmament commission.) February 14, 1951: U. S. proposal to postpone discussion of a Soviet proposal to unseat the Chinese National Representative and seat a Chinese Communist until the General Assembly had taken action on the Chinese representation issue adopted, 9 states voting in favor (U. S.), 1 against, 2 abstentions. Credentials Committee September 21, 1950: Soviet proposal that the credentials of the Chinese National Delegation should not be recognized as valid rejected, 6 states voting against (U. S.), 2 in favor, 1 abstention. Headquarters Advisory Committee April 5, 1951: Chairman ruled Soviet proposal to invite a Chinese Communist to participate as the representative of China out of order; ruling sustained, 10 states voting in favor (U. S.), 4 against. International Law Commission June 5, 1950: Chairman ruled Soviet proposal to unseat Dr. Shushi Hsu (Chinese Nationalist) out of order on the ground that the Commission was composed of individuals elected by the General Assembly to serve in a personal capacity and not as government representatives; ruling sustained, 10 Members voting in favor (U. S.), 1 against. Peace Observation Commission March 16, 1951: U. S. proposed that the Commission adjourn debate on Soviet proposal to invite a Chinese Communist to participate until the Chinese representation matter had been settled by the General Assembly and on the understanding that a Chinese Nationalist would continue to sit on the Commission; proposal adopted, 9 states voting in favor (U. S.), 2 against, 3 abstentions. SECURITY COUNCIL January 13, 1950: Soviet proposal to exclude the Chinese National Representative rejected, 3 states voting in favor, 6 against (U. S.), 2 abstentions. August 1, 1950: President (Soviet representative) ruled that the Chinese National Representative did not represent China and could not, therefore, take part in the Council meetings; ruling rejected, 3 states voting in favor, 8 against (U. S.). August 3, 1950: President (Soviet representative) proposed inclusion in the Council's agenda of an item entitled "Recognition of the Representative of the Central People's Government of the People's Republic of China;" proposal rejected, 5 states voting for inclusion, 5 against (U. S.), 1 abstention. SECURITY COUNCIL SUBSIDIARY BODIES Commission for Conventional Armaments April 27, 1950: Soviet proposal to exclude the Chinese National Representative rejected, 3 states voting in favor, 4 against (U. S.), 4 abstentions. Military Staff Committee January 19, 1950: Decided not to consider a Soviet resolution to exclude the Chinese National Representative on the ground that the Security Council alone was competent to decide the membership of the Committee; 4 states, including the U. S., supported this decision. Six-Power Consultations on Atomic Energy January 19, 1950: Canadian motion that Soviet proposal to exclude the Chinese National Representative be considered out of order adopted, 5 states voting in favor (U. S.), 1 against. ECONOMIC AND SOCIAL COUNCIL February 7, 1950: Soviet proposal to exclude the Chinese National Representative rejected, 3 States voting in favor, 10 against (U. S.), 5 abstentions. October 12, 1950: Soviet proposal to exclude the Chinese National Representative and invite a Chinese Communist rejected in a divided vote; the first paragraph by 7 votes in favor, 11 against (U. S.); the second paragraph by 6 votes in favor, 11 against (U. S.), 1 abstention. February 20, 1951: Philippine Representative moved adjournment of debate on the Soviet proposal to exclude the Chinese National Representative and seat a Chinese Communist until the General Assembly had taken action on the Chinese representation issue; Philippine motion adopted, 12 states voting in favor (U. S.), 6 against. ECONOMIC AND SOCIAL COUNCIL COMMITTEES AND SPECIAL BODIES Committee on Non-Governmental Organizations January 23, 1950: Soviet proposal to exclude the Chinese National Representative rejected, 1 state voting in favor, 3 against (U. S.), 1 abstention. Ad Hoc Committee on Organization and Operation of the Economic and Social Council and its Commissions December 18, 1950: Chairman ruled a Soviet motion to exclude the Chinese National Representative and invite a Chinese Communist to participate out of order; ruling sustained, 6 states voting in favor (U. S.), 1 abstention. Committee on Procedure January 16, 1950: Chairman ruled a Soviet resolution to exclude the Chinese National Representative out of order; ruling sustained, 6 states voting in favor (U. S.), 2 against, 1 abstention. Ad Hoc Committee on Statelessness and Related Problems January 16, 1950: Soviet proposal to exclude the Chinese National Representative rejected, 2 states voting in favor, 6 against (U. S.), 3 abstentions. Interim Commiteee on Program of Meetings March 10, 1950: Soviet proposal to exclude Chinese National Representative rejected, 1 state voting in favor, 2 against (U. S.), 2 abstentions. Technical Assistance Committee February 5, 1951: Chairman ruled that the Committee was not competent to decide upon the Soviet proposal to exclude the Chinese National Representative and invite a Chinese Communist to participate; ruling sustained, 11 states voting in favor (U. S.), 2 against. United Nations Technical Assistance Conference June 12, 1950: Yugoslav resolution to invite Chinese Communist to attend the Conference rejected, 8 states voting in favor, 26 against (U. S.), 13 abstentions. International Children's Emergency Fund Executive Board March 3, 1950: Chairman ruled a Soviet proposal to exclude the Chinese National Representative in order; ruling rejected, 6 states voting to sustain (U. S.), 10 against, 5 abstentions.1 June 19, 1950: Chairman ruled that the Board was not competent to consider a Yugoslav resolution to invite a Chinese Communist; ruling sustained, 9 states in favor, 3 against (U. S.), 6 abstentions.1 November 27, 1950: Chairman (Poland) recommended that the Board seat a Chinese Communist as the representative of China; recommendations rejected after two tie votes, 12 states in favor, 12 against (U. S.), 1 abstention. Soviet motion to discount the vote of the Chinese National Representative and declare the Chairman's recommendation adopted rejected, 5 states voting in favor, 19 against (U. S.), 0 abstentions. February 9, 1951: U. S. proposed adjournment of debate on Soviet proposal to invite Chinese Communist to participate; U. S. motion adopted, 18 states voting in favor (U. S.), 5 against, 2 abstentions. 1 U. S. voted that the Board was competent to consider this proposal on procedural grounds; the United States Representative was instructed to vote against the substance of the proposal and would have done so if it had been put to the vote. February 13, 1951: Chairman ruled that debate on the Soviet proposal would not be resumed unless a decision to that effect was taken by the Board; ruling sustained; 15 states voting in favor (U. S.), 5 against, 3 abstentions. May 22, 1951: U. S. proposal to adjourn debate on the Chinese representation issue for the present session of the Board adopted, 16 states voting in favor (U. S.), 5 against. 4 abstentions. International Children's Emergency Fund Executive Board, Program Committee February 7, 1950: Chairman ruled Soviet proposal to exclude Chinese National Representative out of order; ruling sustained, 5 in favor (U. S.), 2 against. 1 abstention. ECONOMIC AND SOCIAL COUNCIL COMMISSIONS AND SUBCOMMISSIONS Commission on Human Rights March 27, 1950: Chairman ruled Soviet proposal to exclude the Chinese National Member out of order; ruling sustained, 13 states voting in favor (U. S.), 2 against, 0 abstentions. April 16, 1951: Chairman ruled Soviet proposal to exclude Chinese National Member and invite a Chinese Communist out of order; ruling sustained, 8 states voting in favor (U. S.), 3 against, 3 abstentions. Commission on Human Rights, Subcommission on Freedom of Information and of the Press May 15, 1950: Chairman ruled Soviet proposal to exclude the Chinese National Member out of order; ruling sustained, 8 states voting in favor (U. S.), 1 against. Commission on Human Rights, Subcommission on Prevention of Discrimination and Protection of Minorities January 16, 1950: French motion that a Soviet proposal to expel the Chinese National Member was out of order adopted, 9 states voting in favor (U. S.), 2 against. Commission on Narcotic Drugs December 1, 1950: Soviet Proposal to exclude the Chinese National Representative and invite a Chinese Communist rejected, 5 states voting in favor, 9 against (U. S.), 1 abstention. April 10, 1951: U. S. proposal to adjourn the debate on the Soviet proposal to invite a Chinese Communist to participate adopted, 10 states voting in favor (U. S.), 4 against. Commission on the Status of Women April 30, 1951: Commission decided not to discuss a Soviet proposal to exclude the Chinese National Member and seat a Chinese Communist, 8 states voting in favor (U. S.), 3 against, 1 abstention. Economic, Employment and Development Commission January 18, 1950: Chairman ruled Soviet proposal to exclude the Chinese National Member out of order; ruling sustained, 9 states voting in favor (U. S.), 4 against, 2 abstentions. May 14, 1951: Chairman ruled Soviet proposal to exclude the Chinese National Member and seat a Chinese Communist out of order; ruling sustained, 12 states voting in favor (U. S.), 5 abstentions. Economic, Employment and Development Commission, Subcommission on Economic Development April 17, 1950: U. S. motion that the Commission regard the Soviet proposal to exclude the Chinese National Member out of order adopted, 3 states voting in favor (U. S.), 2 against, 2 abstentions. Fiscal Commission May 7, 1951: Chairman ruled Soviet proposal to exclude the Chinese National Member and invite a Chinese Communist to participate out of order; ruling sustained, 11 states voting in favor (U. S.), 3 against, 1 abstention. Population Commission May 22, 1950: Chairman ruled Soviet proposal to exclude the Chinese National Member out of order; ruling sustained, 7 states voting in favor (U. S.), 2 against, 0 abstentions. April 23, 1951: Motion declaring the Soviet resolution to exclude the Chinese National Member and seat a Chinese Communist inadmissible adopted, 7 states voting in favor (U. S.), 3 against, 1 abstention. Social Commission April 3, 1950: Chairman ruled Soviet proposal to exclude the Chinese National Members out of order; ruling sustained, 12 states voting in favor (U. S.), 3 against. O abstentions. March 19, 1951: Chairman ruled Soviet proposal to exclude the Chinese National Member and seat a Chinese Communist out of order; ruling sustained, 11 states voting in favor (U. S.), 3 against, 1 abstention. Statistical Commission May 8, 1950: Chairman ruled Soviet proposal to exclude the Chinese National Member out of order; ruling sustained, 6 states voting in favor (U. S.), 2 against, 2 abstentions. May 7, 1951: Chairman ruled Soviet proposal to exclude the Chinese National Member and invite a Chinese Communist out of order; ruling sustained, 10 states voting in favor (U.S.), 3 against, 1 abstention. Statistical Commission, Committee on Statistical Classification May 2, 1950: Chairman rules Soviet proposal to exclude the Chinese National Member out of order; ruling sustained, 3 states voting in favor (U. S.), 1 against, 1 abstention. Transport and Communications Commission March 27, 1950: Chairman ruled Soviet proposal to exclude the Chinese National Member out of order; ruling sustained, 11 states voting in favor (U. S.), 4 against. March 19, 1951: Chairman ruled Soviet proposal to invite a Chinese Communist to participate in Commission's meeting out of order; ruling sustained, 9 states voting in favor (U. S.), 3 against, 1 abstention. Economic Commission for Asia and the Far East May 16, 1950: Chairman submitted resolution recommending that it was the wish and desire of the Commission that the matters set forth in the Soviet proposal (to exclude the Chinese National Representative and seat a Chinese Communist) be decided by a higher body; resolution adopted, 8 in favor (U. S.), 1 against, 4 abstentions. February 28, 1951: Chairman (Burma) ruled a Soviet proposal to exclude the Chinese National Representative and seat a Chinese Communist in order; ruling rejected, 5 states voting to sustain, 8 against (U. S.), 1 abstention. Committee on Industry and Trade May 9, 1950: Chairman ruled a Soviet proposal to exclude the Chinese National Representative and seat a Chinese Communist in order; ruling rejected, 2 states voting to sustain, 13 against (U. S.). February 15, 1951: Chairman ruled a Soviet proposal to exclude the Chinese National Representative and seat a Chinese Communist out of order; ruling sustained, 13 states voting in favor (U. S.). 4 against, 0 abstentions. TRUSTEESHIP COUNCIL June 1, 1950: Soviet proposal to exclude the Chinese National Representative rejected, 1 state voting in favor, 9 against (U. S.), 2 abstentions. November 22, 1950: Soviet proposal to exclude Chinese National Representative and invite a Chinese Communist rejected, 2 states voting in favor, 9 against (U. S.), 1 abstention. January 30, 1951: U. S. proposal to postpone consideration of Soviet proposal to exclude Chinese National Representative and invite a Chinese Communist until the General Assembly has acted on the Chinese representation issue adopted, 10 states voting in favor (U .S.), 2 against, 0 abstentions. |