CONSIDERING that the resolution of the outstanding difficulties should be based upon the substantial measure of agreement on fundamental principles already reached, and that steps should be taken forthwith for the demilitarization of the State and for the expeditious determination of its future in accordance with the freely expressed will of the inhabitants; The Security Council, 1. Calls upon the Governments of India and Pakistan to make immediate arrangements, without prejudice to their rights or claims and with due regard to the requirements of law and order, to prepare and execute within a period of five months from the date of this resolution a programme of demilitarization on the basis of the principles of paragraph 2 of General McNaughton's proposal or of such modifications of those principles as may be mutually agreed; 2. Decides to appoint a United Nations Representative for the following purposes who shall have authority to perform his functions in such place or places as he may deem appropriate: (a) to assist in the preparation and to supervise the implementation of the programme of demilitarization referred to above and to interpret the agreements reached by the parties for demilitarization, (b) to place himself at the disposal of the Governments of India and Pakistan and to place before those Governments or the Security Council any suggestions which, in his opinion, are likely to contribute to the expeditious and enduring solution of the dispute which has arisen between the two Governments in regard to the State of Jammu and Kashmir, (c) to exercise all of the powers and responsibilities devolving upon the United Nations Commission by reason of existing resolutions of the Security Council and by reason of the agreement of the parties embodied in the resolutions of the United Nations Commission of 13 August 1948 and 5 January 1949, (d) to arrange at the appropriate stage of demilitarization for the assumption by the Plebiscite Administrator of the functions assigned to the latter under agreements made between the parties, (e) to report to the Security Council as he may consider necessary submitting his conclusions and any recommendations which he may desire to make; 3. Requests the two Governments to take all necessary precautions to ensure that their agreements regarding the cease fire shall continue to be faithfully observed, and calls upon them to take all possible measures to ensure the creation and maintenance of an atmosphere favourable to the promotion of further negotiations; 4. Extends its best thanks to the members of the United Nations Commission for India and Pakistan and to General A. G. L. McNaughton for their arduous and fruitful labours; 5. Agrees that the United Nations Commission for India and Pakistan shall be terminated, and decides that this shall take place one month after both parties have informed the United Nations Representative of their acceptance of the transfer to him of the powers and responsibilities of the United Nations Commission referred to in paragraph 2 (c) above. B. COMPLAINT OF AGGRESSION UPON THE REPUBLIC OF KOREA [The first of the resolutions was adopted by the Security Council on June 25, 1950, by a vote of 9 to 1, the Soviet Union being absent. Noting with grave concern the armed attack upon the Republic of Korea, the Security Council determines that this attack constitutes a breach of the peace and calls for an immediate cessation of hostilities and withdrawal by North Korean forces to the 38th parallel. The resolution requests the United Nations Commission on Korea to report its recommendations to the Security Council with the least possible delay and to observe the withdrawal of the North Korean forces. All members are called upon to assist in the execution of this resolution. In the second resolution, adopted by a vote of 7 to 1 on June 27, 1950, the Security Council notes that the authorities of North Korea have neither ceased hostilities nor withdrawn their armed forces to the 38th parallel and recommends that United Nations members furnish such assistance to the Republic of Korea as may be necessary to repel the armed attack. Egypt and India did not participate in the vote, and the U. S. S. R. was absent. The third resolution was adopted by the Security Council on July 7, 1950, by a vote of 7 to 0, with 3 abstentions. It recommends that all members providing military forces and other assistance for the Republic of Korea make such assistance available to a unified command under the United States, requests the United States to designate the commander of such forces, and authorizes use of the United Nations flag by the unified command at its discretion.] 1. Resolution of June 25, 1950 The Security Council RECALLING the finding of the General Assembly in its resolution of 21 October 1949 that the Government of the Republic of Korea is a lawfully established government "having effective control and jurisdiction over that part of Korea where the United Nations Temporary Commission on Korea was able to observe and consult and in which the great majority of the people of Korea reside; and that this Government is based on elections which were a valid expression of the free will of the electorate of that part of Korea and which were observed by the Temporary Commission; and that this is the only such Government in Korea"; MINDFUL of the concern expressed by the General Assembly in its resolutions of 12 December 1948 and 21 October 1949 of the consequences which might follow unless Member States refrained from acts derogatory to the results sought to be achieved by the United Nations in bringing about the complete independence and unity of Korea; and the concern expressed that the situation described by the United Nations Commission on Korea in its report menaces the safety and well being of the Republic of Korea and of the people of Korea and might lead to open military conflict there; NOTING with grave concern the armed attack upon the Republic of Korea by forces from North Korea, Determines that this action constitutes a breach of the peace, I. Calls for the immediate cessation of hostilities; and Calls upon the authorities of North Korea to withdraw forthwith their armed forces to the thirty-eighth parallel; II. Requests the United Nations Commission on Korea (a) To communicate its fully considered recommendations on the situation with the least possible delay; (b) To observe the withdrawal of the North Korean forces to the thirtyeighth parallel; and (c) To keep the Security Council informed on the execution of this resolution; III. Calls upon all Members to render every assistance to the United Nations in the execution of this resolution and to refrain from giving assistance to the North Korean authorities. 2. Resolution of June 27, 1950 The Security Council, HAVING DETERMINED that the armed attack upon the Republic of Korea by forces from North Korea constitutes a breach of the peace, HAVING CALLED FOR an immediate cessation of hostilities, and HAVING CALLED UPON the authorities of North Korea to withdraw forthwith their armed forces to the 38th parallel, and HAVING NOTED from the report of the United Nations Commission for Korea that the authorities in North Korea have neither ceased hostilities nor withdrawn their armed forces to the 38th parallel and that urgent military measures are required to restore international peace and security, and HAVING NOTED the appeal from the Republic of Korea to the United Nations for immediate and effective steps to secure peace and security, Recommends that the 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. 3. Resolution of July 7, 1950 The Security Council, HAVING DETERMINED that the armed attack upon the Republic of Korea by forces from North Korea constitutes a breach of the peace, HAVING 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, 1. Welcomes the prompt and vigorous support which governments and peoples of the United Nations have given to its Resolutions of 25 and 27 June 1950 to assist the Republic of Korea in defending itself against armed attack and thus to restore international peace and security in the area; 2. Notes that Members of the United Nations have transmitted to the United Nations offers of assistance for the Republic of Korea; 3. Recommends that all Members providing military forces and other assistance pursuant to the aforesaid Security Council resolutions make such forces and other assistance available to a unified command under the United States; 4. Requests the United States to designate the commander of such forces; 5. Authorizes the unified command at its discretion to use the United Nations flag in the course of operations against North Korean forces concurrently with the flags of the various nations participating; 6. Requests the United States to provide the Security Council with reports as appropriate on the course of action taken under the unified command. C. RELIEF FOR KOREA [In this resolution the Security Council requests the Secretary-General to transmit all offers of assistance for Korean relief and support to the Unified Command, which is to exercise responsibility for determining requirements, and requests other United Nations organs and specialized agencies and appropriate nongovernmental organizations to provide such assistance as the Unified Command may request for the relief and support of the civilian population in Korea. It was adopted on July 31, 1950, by a vote of 9 to 0; the U.S.S.R. was absent.] The Security Council, RECOGNIZING the hardships and privations to which the people of Korea are being subjected as a result of the continued prosecution by the North Korean forces of their unlawful attack; and APPRECIATING the spontaneous offers of assistance to the Korean people which have been made by governments, specialized agencies, and non-governmental organizations; Requests the Unified Command to exercise responsibility for determining the requirements for the relief and support of the civilian population of Korea, and for establishing in the field the procedures for providing such relief and support; Requests the Secretary-General to transmit all offers of assistance for relief and support to the Unified Command; Requests the Unified Command to provide the Security Council with reports, as appropriate, on its relief activities; Requests the Secretary-General, the Economic and Social Council in accordance with Article 65 of the Charter, other appropriate United Nations principal and subsidiary organs, the specialized agencies in accordance with the terms of their respective agreements with the United Nations, and appropriate nongovernmental organizations to provide such assistance as the Unified Command may request for the relief and support of the civilian population of Korea, and as appropriate in connexion with the responsibilities being carried out by the Unified Command on behalf of the Security Council. D. AGGRESSION UPON KOREA: INVI- [On November 8, 1950, the Security Council approved a resolution inviting a representative of the Central People's Government of the People's Republic of China to be present during its discussion of the Special Report of the United Nations Command in Korea. The vote was 8 in favor to 2 against, with 1 abstention.] |