aside attacks on peoples who wish to be free and live in peace.

The United States warmly supports the emphasis of the new text on freedom. For our part, we consider that the right of every people to freedom deserves special attention and is something more than, and different from, the principle of self-determination or the combined "principle" of self-determination and independence. We are glad that this compromise text recognizes the right of peoples "to self-determination and freedom and independence."

The draft resolution thus clearly applies to the unhappy instances of those who have been deprived of their freedom or autonomy since the Second World War. The resolution thus usefully reminds us that the deprivation of the freedom of a people is as much a violation of the principle of self-determination as the failure to permit a dependent people to achieve self-government or independence, as may be appropriate.

Second, this resolution is, of course, not a statement of international law. While it speaks in terms of rights and duties, it represents essentially a political statement by the General Assembly of the importance of freedom and self-determination and reminds states of the critical importance that all should comply with the requirement of article 2, paragraph 4, of the charter, which prohibits "the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations."' Certainly the compromise text does not-and could not affect obligations of member states under the charter.

From the beginning of the debate on agenda item 92, the Assembly has considered only the prohibition of the threat or use of force insofar as it relates to self-determination. Obviously, therefore, even if this text were a statement of the law-which it is not it could not be an exhaustive one.

To give but two examples, in formulating legal texts stating the principles concerning the threat or use of force, the Special Committee on

The compromise text does touch upon aspects of indirect aggression insofar as they relate to self-determination. In adopting this resolution, the General Assembly will once again draw to the attention of the world the gravity of indirect aggression. The resolution refers expressly to General Assembly Resolution 2131 (XX), which this body adopted on December 21, 1965. That declaration specifically calls upon states not to “organize, assist, foment, finance, incite or tolerate subversive, terrorist or armed activities directed towards the violent overthrow of the régime of another State, or interfere in civil strife in another State."

The compromise text now before us builds upon this condemnation of subversion in all its forms. Operative paragraph 1(a) points out that "the use of force in any other form contrary to the Charter" is impermissible. This political pronouncement by the General Assembly is especially appropriate at a time when unremitting efforts at illegal subversion, infiltration, terrorism, sabotage, and the clandestine supply of arms are endangering the peace in many parts of the world.

I wish to make it clear that the United States has participated fully in the negotiations which have led to this compromise text.

We have also participated fully in the work of the Special Committee on Friendly Relations and will continue to do so. It is that committee to which the General Assembly has entrusted the task of the progressive development of international law and its codification with regard to the principles of friendly relations and cooperation among states in accordance with the charter. That work is juridical work and requires participation by skilled jurists.

For the establishment of the Special Committee, see American Foreign Policy: Current Documents, 1963, p. 222. Text ibid., 1965, pp. 190–192.

For the text of the U.N. Charter, see American Foreign Policy, 1950-1955: Basic Documents, vol. I, pp. 134-161.

The legal character of the work of the Special Committee on Friendly Relations and the Sixth Committee has been expressly recognized by all three groups of cosponsors who have authorized Ambassador Waldheim to say, as he has, that "... these committees are the bodies which deal with the formulation of legal principles" and that "It is for use in that task that these materials are referred." Indeed, the compromise text does not purport to impose its statement of political principle and exhortation as "the law" on the principles of threat or use of force and self-determination.

Third, in the negotiations on the compromise text particular attention was concentrated on preambular paragraph 4 which reads: "Recognizing that peoples subjected to colonial oppression are entitled to seek and receive all support in their struggle which is in accordance with the purposes and principles of the Charter."

This formulation is a vast improvement over the proposal originally put forward in A/L.493 which would have purported to recognize a "right" to seek and receive support and assistance without any qualifications whatsoever. Obviously, such a right is subject to the provisions of the charter, particularly the prohibition on the threat or use of force in article 2, paragraph 4. The text of the compromise properly reflects relevant charter limitations on furnishing material and other support.

Fourth, Mr. President, the United States delegation notes that the reference to "independence" in operative paragraph 1(b) of the compromise text does not require independence in the sense of independent statehood. As my Government has consistently maintained, and as the General Assembly has recognized in Resolution 1541 (XV), the charter-based principles of self-determination can be fulfilled when a people freely chooses independent statehood, free association with another state, or integration with another state.

In view of what I have said, the cosponsors of draft resolution A/L.495 will not press it to a vote and, instead, will vote for the compromise text in document A/L.501. We understand that Czechoslovakia and the other cosponsors of A/L.493 support the com

Text ibid., 1960, pp. 116-118.

promise and are not pressing their original proposal to a vote and that Italy and the other cosponsors of A/L.498 are doing likewise.

As I have said, this compromise text is the result of a series of meetings between the three groups of cosponsors of draft resolutions on this item. These meetings, often protracted and difficult, have resulted in a compromise text largely because of the efforts of Ambassador Waldheim, who presided over them. In concluding, we want to pay tribute to his untiring efforts to reach a resolution acceptable to the three groups of cosponsors.

Document II-46

Resolution 2160 (XXI), Adopted by the U.N. General Assembly, November 30, 1966 $

Strict Observance of the Prohibition of the Threat or Use of Force in International Relations, and of the Right of Peoples to SelfDetermination

The General Assembly,

I

Drawing the attention of States to the fundamental obligations incumbent upon them in accordance with the Charter of the United Nations to refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations and to develop friendly relations among nations based on respect for the principle of equal rights and selfdetermination of peoples,

Deeply concerned at the existence of dangerous situations in the world constituting a direct threat to universal peace and security, due to the arbitrary use of force in international relations,

8 U.N. doc. A/6316, p. 4. This resolution, sponsored by the representatives of 22 member states, was adopted by a vote of 98 (including the U.S.) to 2 (U.K. and Portugal), with 8 abstentions; see supra.

Reaffirming the right of peoples under colonial rule to exercise their right to self-determination and independence and the right of every nation, large or small, to choose freely and without any external interference its political, social and economic system,

Recognizing that peoples subjected to colonial oppression are entitled to seek and receive all support in their struggle which is in accordance with the purposes and principles of the Charter,

Firmly convinced that it is within the power and in the vital interest of the nations of the world to establish genuinely sound relations between States, based on justice, equality, mutual understanding and co-operation,

Recalling the declarations contained in its resolutions 1514 (XV) of 14 December 1960' and 2131 (XX) of 21 December 1965,10

1. Reaffirms that:

(a) States shall strictly observe, in their international relations, the prohibition of the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations. Accordingly, armed attack by one State against another or the use of force in any other form contrary to the Charter of the United Nations constitutes a violation of international law giving rise to international responsibility;

(b) Any forcible action, direct or indirect, which deprives peoples under foreign domination of their right to self-determination and freedom and independence and of their right to determine freely their political status and pursue their economic, social and cultural development constitutes a violation of the Charter of the United Nations. Accordingly, the use of force to deprive peoples of their national identity, as prohibited by the Declaration on the Inadmissibility of Intervention in the Domestic Affairs of States and the Protection of Their Independence and Sovereignty contained in General Assembly resolution 2131 (XX), constitutes a violation of their inalienable rights and of the principle of non-intervention;

• Text in American Foreign Policy: Current Documents, 1960, pp. 110–111.

10 Text ibid., 1965, pp. 190–192.

2. Urgently appeals to States:

(a) To renounce and to refrain from any action contrary to the above-stated fundamental principles and to assure that their activities in international relations are in full harmony with the interests of international peace and security;

(b) To exert every effort and to undertake all necessary measures with a view to facilitating the exercise of the right of self-determination of peoples under colonial rule, lessening international tension, strengthening peace and promoting friendly relations and co-operation among States;

3. Reminds all Members of their duty to give their fullest support to the endeavours of the United Nations to ensure respect for and the observance of the principles enshrined in the Charter and to assist the Organization in discharging its responsibilities as assigned to it by the Charter for the maintenance of international peace and security;

II

Considering that the above principles, together with the other five principles of friendly relations and cooperation among States, have been the object of a study with a view to their progressive development and codification on the basis of General Assembly resolutions 1815 (XVII of 18 December 1962,12 1966 (XVIII) of 16 December 1963 13 and 2103 (XX) of 20 December 1965,1

11

Requests the Secretary-General to include the present resolution and the records of the debate on the item entitled "Strict observance of the prohibition of the threat or use of force in international relations, and of the right of peoples to self-determination" in the documentation to be considered in the further study of the principles of international law concerning friendly relations and co-operation among States in accordance with the Charter of the United Nations, with a view to the early adoption of a declaration containing an enunciation of these principles.

1482nd plenary meeting.

11 U.N. doc. A/6230.

12 Text in American Foreign Policy: Current Documents, 1962, pp. 298-299.

13 See ibid., 1963, p. 222.

14 Text in U.N. General Assembly Official Records, Twentieth Session, Supplement No. 14 (A/6014), pp. 91-92.

[Doc. II-46] 127

Document II-47

Statement Made by the U.S. Representative (Bancroft) in Committee I of the U.N. General Assembly, December 9, 1966 (Excerpt) 15

"The United States Does Not and Will Not Intervene by Force or Subversion Against Any Country"

The problem of intervention-particularly in its indirect forms, such as subversion and terrorism, which are so dangerously widespread today-is one of the central issues facing the United Nations. It is a problem which deserves serious debate, not polemics. It is a problem which requires action and new attitudes not propaganda. For my own part, I shall not respond in kind to the invective which a few delegations have used against my country.

16

The Members of this Organization are already solemnly bound by the Charter's clear rules forbidding intervention of one state in the affairs of another. Article 1 calls on nations to develop friendly relations based on the principle of equal rights and selfdetermination. Article 2 requires the peaceful settlement of international disputes, and forbids the threat or use of force against the territorial integrity or political independence of any state. Article 33 calls on us to settle disputes by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional arrangements, or other peaceful means. These obligations are at the very heart of the Charter.

A succession of General Assembly resolutions has also treated further these basic Charter obligations. As far back as 1949, the Assembly adopted Resolution 290 (IV), known as "Essentials for Peace." " One year later, Resolution 380 (V), known as "Peace through Deeds," condemned aggression in terms that are still especially

15 U.S.-U.N. press release 5016.

16 For the text of the U.N. Charter, see American Foreign Policy, 1950-1955: Basic Documents, vol. I, pp. 134-161.

17 Text in U.N. General Assembly Official Records, Fourth Session, Resolutions (A/1251), p. 13.

apt: "... whatever weapons used, any aggression, whether committed openly, or by fomenting civil strife in the interest of a foreign power, or otherwise, is the gravest of all crimes against peace and security throughout the world. 18 This same resolu

tion also called upon states in words that seem all too appropriate todayto "demonstrate by their deeds their will to achieve peace."

Resolution 2131 (XX),19 adopted last year was a further step in this process. The injunctions of the Charter and these resolutions against direct or indirect intervention-if scrupulously obeyed-would bring to an end many of the gravest international problems of the nineteen-sixties.