While a literal reading of paragraphs 4 and 5 of the resolution would inevitably pose problems for any government in terms of effectively controlling activities of its citizens outside its territorial jurisdiction, the United States will make every effort to ensure that its laws on the subject are complied with strictly so as to discourage American citizens from becoming involved in any type of unlawful mercenary activity.

Press Release USUN-21 (77), Apr. 14, 1977.

An excerpt taken from Res. 405, including pars. 4 and 5, follows:

The Security Council,

2. Strongly condemns the act of armed aggression perpetrated against the People's Republic of Benin on January 16, 1977;

3. Reaffirms its Resolution 239 (1967) which, inter alia, condemns any State which persists in permitting or tolerating the recruitment of mercenaries and the provision of facilities to them, with the objective of overthrowing the Governments of States Members of the United Nations:

4. Calls upon all States to exercise the utmost vigilance against the danger posed by international mercenaries and to ensure that their territory and other territories under their control, as well as their nationals, are not used for the planning of subversion and recruitment, training and transit of mercenaries designed to overthrow the Government of any Member State of the United Nations;

5. Further calls upon all States to consider taking necessary measures to prohibit, under their respective domestic laws, the recruitment, training and transit of mercenaries on their territory and other territories under their control;

6. Condemns all forms of external interference in the internal affairs of Member States, including the use of international mercenaries to destabilize States and/or to violate the territorial integrity, sovereignty and independence of States;

For further information concerning U.S. law with respect to the use of mercenaries, see the 1975 Digest, Ch. 14, § 4, pp. 816-817: also the 1976 Digest, Ch. 2, § 1, pp. 12-13; Ch. 14, § 2, pp. 692–696; Ch. 14, § 3, pp. 713-716.

85

United Nations and Regional Peacekeeping

United Nations Peacekeeping Forces

U.N. Disengagement Force (UNDOF)

On May 26, 1977, the U.N. Security Council adopted Resolution 408, which, inter alia, renewed the mandate of the United Nations Disengagement Force (UNDOF) in the Middle East until November 30, 1977. The United States joined in the 12 votes in favor of the resolution. None opposed it. Benin, the People's Republic of China, and Libya did not participate.

Ambassador James F. Leonard, Acting U.S. Permanent Representative to the United Nations, made a statement in support of this Seventh Extension of the UNDOF in which he noted that "[t]here have been no serious incidents, nor has the area of disengagement been

a source of significant military tension between the armed forces of Israel and Syria." He attributed this "unqualified success" of the UNDOF to the actions of the parties and to the forces of Austria, Iran, Canada, and Poland which have contributed to UNDOF. He also emphasized the U.S. commitment to finding "the just and durable peace that is the wish of all."

Press Release USUN-29 (77), May 26, 1977. U.N. Doc. S/Res/408 (1977), May 26, 1977.

U.N. Force in Cyprus (UNFICYP)

On June 15, 1977, the U.N. Security Council adopted unanimously Resolution 410, which extended the U.N. Peacekeeping Force in Cyprus (UNFICYP) until December 15, 1977. Resolution 410 reaffirmed previous resolutions concerning Cyprus, urged "negotiations for a just and peaceful solution" of the Cyprus problem, and requested a report from the Secretary-General. Paragraphs 4 and 6 of the resolution appear below:

4. Extend once more the stationing in Cyprus of the United Nations Peacekeeping Force, established under Security Council Resolution 186 (1964). for a further period ending December 15, 1977, in the expectation that by then sufficient progress towards a final solution will make possible a withdrawal or substantial reduction of the Force;

6. Requests the Secretary-General to continue the mission of good offices entrusted to him by paragraph 6 of Resolution 367 (1975), to keep the Security Council informed of the progress made and to submit a report on the implementation of this resolution by November 30, 1977.

In his statement concerning the extension of UNFICYP on the day following the adoption of Resolution 410. Ambassador James F. Leonard, U.S. Deputy Permanent Representative to the United Nations, indicated that the United States was "encouraged that there was a resumption this spring of the intercommunal negotiations" in Cyprus but expressed concern over "the growing financial difficulty for the U.N. in maintaining UNFICYP." He indicated "that the UNFICYP deficit has grown to over $54 million" which "means that the U.N. has been unable to pay the reimbursement claims of troop contributing countries beyond the second half of 1973." Ambassador Leonard expressed the hope that "the governments to whom the Secretary-General has made a special appeal for their assistance will respond generously."

Press Release USUN-50 (77), June 16, 1977.

South Africa

$6

Military Sanctions

Arms Embargo

On November 4, 1977, the U.N. Security Council voted unanimously in Resolution 418 to impose a mandatory arms embargo against South Africa under Chapter VII of the U.N. Charter. The vote was 15 in favor, none against, and no abstentions. Ambassador Andrew Young, U.S. Permanent Representative to the United Nations, made a statement in the Security Council during the session in which the resolution was adopted pointing out the precedent established by this resolution and the actions the South African Government could take to remove the stigma attached to it.

Portions of Ambassador Young's statement follow:

This is the first time that Chapter VII sanctions have been adopted against a member of this Organization. We have just sent a very clear message to the Government of South Africa that the measures which were announced on October 19 have created a new situation in South Africa's relationship with the rest of the world. There should be no further doubt in Pretoria today that the continuation of the course on which the Government of South Africa is now embarked can only lead to further strains on ties between South Africa and the other members of the international community.

At the same time, however, we must stress the other side of the picture and make clear to the Government of South Africa our desire for reconciliation provided South Africa is willing to begin progress toward the end of apartheid and full participation for all South Africans in the political and economic life of their country.

As far as the United States is concerned, we look forward to the day when progress in South Africa will make it possible for this Council to remove the stigma which this resolution places on South Africa. We look forward to early South African adherence to the Nuclear Non-Proliferation Treaty and a decision to put all its facilities under international safeguards.

Press Release USUN-101 (77), Nov. 4, 1977.

Portions of the text of U.N.S.C. Res. 418 read as follows:

The Security Council,

Recalling its Resolution 392 (1976) strongly condemning the South African Government for its resort to massive violence against and killings of the African people, including schoolchildren and students and others opposing racial discrimination, and calling upon that Government urgently to end violence against the African people and take urgent steps to eliminate apartheid and racial discrimination,

Recognizing that the military buildup and persistent acts of aggression by South Africa against the neighboring States seriously disturb the security of those States,

Further recognizing that the existing arms embargo must be strengthened and universally applied, without any reservations or qualifications whatsoever, in order to prevent a further aggravation of the grave situation in South Africa,

Taking note of the Lagos Declaration for Action against Apartheid (S/12426),

Gravely concerned that South Africa is at the threshold of producing nuclear weapons,

Strongly condemning the South African Government for its acts of repression, its defiant continuance of the system of apartheid and its attacks against neighboring independent States.

Considering that the policies and acts of the South African Government are fraught with danger to international peace and security,

Recalling its Resolution 181 (1963) and other resolutions concerning a voluntary arms embargo against South Africa,

Convinced that a mandatory arms embargo needs to be universally applied against South Africa in the first instance,

Acting therefore under Chapter VII of the Charter of the United Nations, 1. Determines, having regard to the policies and acts of the South African Government, that the acquisition by South Africa of arms and related materiel constitutes a threat to the maintenance of international peace and security; 2. Decides that all States shall cease forthwith any provision to South Africa of arms and related materiel of all types, including the sale or transfer of weapons and ammunition, military vehicles and equipment, paramilitary police equipment, and spare parts for the aforementioned, and shall cease as well the provision of all types of equipment and supplies, and grants of licensing arrangements, for the manufacture or maintenance of the aforementioned;

3. Calls on all States to review, having regard to the objectives of this resolution. all existing contractual arrangements with and licenses granted to South Africa relating to the manufacture and maintenance of arms, ammunition of all types and military equipment and vehicles, with a view to terminating them;

4. Further decides that all States shall refrain from any cooperation with South Africa in the manufacture and development of nuclear weapons;

5. Calls upon all States, including States non-members of the United Nations, to act strictly in accordance with the provisions of this resolution ;

U.N. Doc. S/Res/418 (1977), Nov. 4, 1977.

During his news conference of November 2, 1977, Secretary Vance outlined U.S. policy with respect to South Africa in view of the U.N. mandatory arms embargo in part as follows:

*

[A]t the United Nations we have supported a mandatory arms embargo to reflect the international consensus that the supply of arms threatens the peace. Consistent with this, we will prohibit all export of items for police and military in South Africa. In addition, there will be no more exports of spares and maintenance shipments for items whose exports would be prohibited. In addition, we are withdrawing our naval attaché from Pretoria, and in addition to that we are recalling the commercial officer in Johannesburg. The latter recall is being done in connection with our review of our economic relationships with South Africa.

Arts. 39 and 41 of Ch. VII of the U.N. Charter read as follows:

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 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 cal 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.

For further information concerning apartheid and the South African Government's measures of Oct. 19, 1977, see ante, Ch. 3, § 6, pp. 192–194.

The Treaty on the Non-Proliferation of Nuclear Weapons was done on July 1, 1968 (TIAS 6839; 21 UST 483; 729 UNTS 161 ; entered into force for the United States on Mar. 5, 1970).

87

Arms Control and Disarmament

Non-Proliferation of Nuclear Weapons

U.S. Nuclear Power Policy

On April 7, 1977, President Carter outlined U.S. efforts to control the further proliferation of nuclear explosive capability. During his prepared remarks, President Carter compared the position of the United States with that of other countries concerning the need to rely on atomic power, emphasized U.S. determination to continue the embargo on the export of equipment and technology for uranium enrichment and chemical reprocessing purposes, and discussed current efforts to establish an international nuclear fuel cycle evaluation program:

There is no dilemma today more difficult to address than that connected with the use of atomic power. Many countries see atomic power as their only real opportunity to deal with the dwindling supplies of oil, the increasing price of oil, and the ultimate exhaustion of both oil and natural gas.

Our country is in a little better position. We have oil supplies of our own, and we have very large reserves of coal. But even coal has its limitations. So, we will ourselves continue to use atomic power as a share of our total energy production.

The benefits of nuclear power, particularly to some foreign countries that don't have oil and coal of their own, are very practical and critical. But a serious risk is involved in the handling of nuclear fuels—the risk that component parts of this power process will be turned to providing explosives or atomic weapons.

We took an important step in reducing this risk a number of years ago by the implementation of the nonproliferation treaty [done