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From and after the effective date of this Act a person who is a national of the United States whether by birth or naturalization, shall lose his nationality by
(3) entering, or serving in, the armed forces of a foreign state unless, prior to such entry or service, such entry or service is specifically authorized in writing
by the Secretary of State and the Secretary of Defense. But see Afroyim v. Rusk, 387 U.S. 253 (1967), holding that Congress has no power under the Constitution to divest a person of U.S. citizenship absent his voluntary renunciation thereof. 18 U.S.C. 958 provides:
Any citizen of the United States who, within the jurisdiction thereof, accepts and exercises a commission to serve a foreign prince, state, colony, district, or people, in war, against any prince, state, colony, district, or people, with whom the United States is at peace, shall be fined not more than $2,000 or
imprisoned not more than three years, or both. Subpar. (a) of 18 U.S.C. 959 provides:
(a) Whoever, within the United States, enlists or enters himself, or hires or retains another to enlist or enter himself, or to go beyond the jurisdiction of the United States with intent to be enlisted or entered in the service of any foreign prince, state, colony, district, or people as a soldier or as a marine or seaman on board any vessel of war, letter of marque, or privateer, shall be
fined not more than $1,000 or imprisoned not more than three years, or both. Subpars. (b) and (c) of $ 959 provide certain limited exceptions with respect to foreign citizens or subjects.
On April 17, 1975, the U.N. Security Council adopted Resolution 368, by a vote of 13 in favor, none against, and no abstentions, to renew for three months the mandate of the U.N. Emergency Force (UNEF) which had been established in 1973 to supervise the cease-fire between the parties to the conflict in the Middle East. The United States joined in the consensus on the resolution. China and Iraq did not participate.
Ambassador John Scali, U.S. Representative to the United Nations, offered the U.S. Government's appreciation to the countries that had supplied and maintained contingents for UNEF. He said, in part:
These United Nations peacekeeping troops are essential not only in maintaining the lines of separation between Egypt and Israel and providing a deterrent to renewed hostilities, but also in creating a climate of trust and confidence upon which the success of further negotiations depends. The United Nations Emergency Force and the disengagement agreement between Egypt and Israel are both means to an end, not settlements themselves. They are part of the process toward an overall peaceful solution through negotiations as envisaged in Security Council Resolutions 242 and 338.
For the full text of Ambassador Scali's statement see Press Release U'SCX31(75), Apr. 17, 1975. For the report of the Secretary-General on UNEF for the period Oct. 13, 1974-Apr. 12, 1975, see U.N. Doc. S/11670/Corr. 1, pp. 16–17.
On July 15, 1975, the Secretary-General of the United Nations brought to the attention of the Security Council a letter of July 14, 1975, from the Deputy Prime Minister and Minister of Foreign Affairs of the Arab Republic of Egypt stating that while Egypt "does not consent to further renew the mandate of UNEF, she is not against the proper use of the Force.” Egypt said it objected to the use of the Force and its presence by Israel “to maintain the state of ‘no-war no-peace and the perpetuation of the occupation of Egyptian territory in defiance of the purposes and principles of the U.N. Charter and accepted norms of international law.” Israel had previously informed the Secretary-General that it favored a further extension of the mandate for six months.
See U.N. Doc. S/11757, July 15, 1975.
The Security Council, on July 21, 1975, voted (13-0, China and Iraq not participating) to send an appeal to President Sadat to reconsider the Egyptian position. The Egyptians responded positively on July 23, 1975, and accepted a three-month extension of the mandate of UNEF.
See U.N. Doc. S/PV.1832, July 21, 1975, and U.N. Doc. S/11771, July 23, 1975.
On July 24, 1975, the Security Council adopted (13-0, China and Iraq not participating) Resolution 371, expressing satisfaction at Egypt's reply and renewing the mandate of UNEF for three months, or until October 24, 1975.
For the text of U.S. Ambassador Moynihan's statement on the renewal, see U.N. Doc. S/PV.1833, July 24, 1975, and Dept. of State Bulletin, Vol. LXXIII, No. 1887, Aug. 25, 1975, pp. 285-286. For the report of the Secretary-General on UNEF for the period Apr. 13-July 15, 1975, see U.N. Doc. S/11758, July 16, 1975.
On October 23, 1975, the Security Council extended UNEF's mandate for one year, again by a vote of 13-0, with China and Iraq not participating. The resolution called on all parties concerned to implement immediately Security Council Resolution 338 (1973) and requested the Secretary-General to submit a report at the end of the year on developments in the situation. Following the vote, Ambassador Moynihan stated that the renewal of UNEF was an
essential part of the process leading toward a viable solution to the Middle East conflict. Together with the Egyptian-Israeli agreement of September 4, 1975, he said, it presented an opportunity that must not be missed to move forward toward a negotiated settlement in the Middle East.
See Pre88 Release USUN-127, Oct. 23, 1975; Dept. of State Bulletin, Vol. LXXIII, No. 1900, Nov. 24, 1975. The S.C. Res. is S/RES/378 (1975). The report of the Secretary-General on UNEF, U.N. Doc. S/11849, Oct. 17, 1975, noted that the Egyptian-Israeli agreement signed on Sept. 4, 1975, assigned to UNEF a number of new responsibilities of both short and long term duration, including a good offices function in the transfer of oilfields, installations and infrastructures; monitoring redeployment of forces; and supervising the enforcement of other provisions by means of land, coastal and air patrol activities.
U.N. Disengagement Force (UNDOF)
The U.N. Security Council, on May 28, 1975, adopted Resolution 369 (1975), extending for six months the mandate of the U.N. Disengagement Observer Force (UNDOF), established in 1974 to help maintain the disengagement agreement and cease-fire between the Syrian and Israeli armed forces on the Golan Heights. The resolution was adopted by a vote of 13-10 (China and Iraq not participating). Ambassador John Scali, U.S. Representative to the United Nations, made a statement to the Council following the vote expressing appreciation for the work of UNDOF and gratification at the Secretary-General's report that both Syria and Israel had generally complied with the agreement and that the cease-fire had been maintained.
See Press Release USUN-53(75), May 28, 1975, and U.N. Doc. S/PV. 1822, May 28, 1975. The Report of the Secretary-General on UNDOF for the period Nov. 27, 1974—May 21, 1975, is at U.N. Doc. S/11694, May 21, 1975.
On November 30, 1975, the Security Council adopted, by 13 to 0, Resolution 381 (1975) renewing the mandate of UNDOF for another six-month period. The resolution also called for a Security Council debate on the situation in the Middle East to begin January 12, 1976.
See ante, Ch. 2, § 4c, pp. 73-75, and Ch. 2, § 4f, p. 84.
U.N. Force in Cyprus (UNFICYP)
The U.N. Security Council, on June 13, 1975, extended the stationing in Cyprus of the U.N. Peacekeeping Force (UNFICYP) for a period ending December 15, 1975, appealed to all parties concerned to extend cooperation to the Force, and requested the U.N. Secretary-General to continue his mission of good offices. The vote was 14–0, with one member (China) not participating. Ambassador W. Tapley Bennett, Jr., U.S. Representative to the United Nations, made a statement to the Council after the vote. The following is an excerpt:
My Government fully supports the action this Council has just taken. The President of the United States and the Secretary of State have in recent days directly urged the parties to recognize the paramount importance of reaching a settlement through free negotiations among themselves and to make effective use of the assistance to them which the Council has provided in the personal auspices of the Secretary-General. We join this Council and the world community in emphasizing that progress must be made towards permanent peace in Cyprus, and it must be made
U.N. Doc. S/PV.1830, June 13, 1975, p. 11. The Council resolution extending the mandate of UNFICYP was S/RES/370 (1975). The Report of the SecretaryGeneral is at U.N. Doc. S/11717, June 9, 1975. See also Dept. of State Bulletin, Vol. LXXIII, No. 1883, July 28, 1975, pp. 145–146.
On December 13, 1975, the Security Council extended the stationing of UNFICYP for a further six-month period, ending June 15, 1975, and requested the Secretary-General to continue his good offices mission. The vote was again 14-0.
U.N. Security Council Res. 383 (1975).
U.N. Command in Korea
On June 27, 1975, the United States informed the U.N. Security Council that it was ready, in consultation with the Republic of Korea, to terminate the U.N. Command in Korea on January 1, 1976, and to provide an alternative arrangement for maintaining the 1953 armistice agreement (TIAS 2782; 4 UST 234; entered into force July 27, 1973), including the designation of military officers of the United States and the Republic of Korea as successors in command. The offer was made subject to the prior agreement of the other signatories to the armistice agreement that they would continue that agreement in force.
The letter of June 27, 1975, from Ambassador John Scali, U.S. Permanent Representative to the United Nations, reads as follows:
I refer to United Nations General Assembly Resolution 3333 (XXIX) of December 17, 1974, on the "Question of Korea," and to the letter of March 18, 1975, on this subject addressed to you by the Secretary-General of the United Nations.
I refer also to Security Council Resolution 84 of July 7, 1950, which, inter alia, “Requests the United States to provide the Security Council with reports as appropriate on the course of action taken under the unified command," and to Security Council document S/3079 of August 7, 1953, which circulated the official text of the armistice agreement of July 27, 1953.
The Government of the United States attaches the greatest importance to the maintenance of peace and stability on the Korean peninsula, and its efforts within and outside the United Nations have been devoted consistently to these goals. In this context my Government has given serious consideration to the best means to implement General Assembly Resolution 3333 (XXIX).
In cosponsoring and supporting the draft adopted as Resolution 3333 (XXIX), the representative of the Government of the United States expressed a willingness to see the dissolution of the United Nations Command in conjunction with appropriate arrangements to maintain the armistice agreement. The Government of the United States is prepared to take concrete measures consistent with this resolution.
In this regard, the Government of the United States, in consultation with the Government of the Republic of Korea, wishes to bring to the attention of the Security Council that it is ready to terminate the United Nations Command and, together with the Republic of Korea, to designate military officers of the United States and the Republic of Korea as successors in command, as provided for in paragraph 17 of the armistice agreement of July 27, 1953, who would ensure implementation and enforcement of all provisions of the armistice agreement, which are now the responsibility of the Commander in Chief of the United Nations Command.
The Government of the United States will terminate the United Nations Command and simultaneously, together with the Republic of Korea, implement the alternative arrangement outlined above on January 1, 1976, subject only to the prior agreement of the Korean People's Army and the Chinese People's Volunteers, as signatories to the armistice agreement, that the armistice agreement will continue in force.
The Governments of the Republic of Korea and the United States are prepared to discuss this matter with the other parties directly concerned at any time and in any place mutually agreed upon, as well as with the members of the Security Council should they so desire. The Government of the United States wishes further to state that, in anticipation of the recommendations of the General Assembly embodied in Resolution 3333 (XXIX), it will in the meantime undertake measures to reduce manifestations of the United Nations Command, including restricted use of the flag, which were authorized by Security Council Resolution 84 of July 7, 1950.
The Government of the United States emphasizes that its sole concern in this question is that all provisions of the armistice agreement, the basis of peace and security in the Korean peninsula for over 20 years, be maintained and preserved pending negotiations and conciliation between the South and the North of Korea leading to a lasting peace between them.