306 Chapter VIII. Maintenance of international peace and security being absent.76 The Polish. proposal was rejected by 2 At the 37th meeting on 25 April, the Australian votes in favour, 8 against, with 1 member absent.‘e amendment was replaced by a draft resolutionE2 which The Iranian question remained on the list of matters was re-submitted in revised form accepted by the representatives of Australia, and Poland at the of which the Security Council is seized. 38th meeting on 26 .83 THE SPANISH QUESTION At the 39th meeting on 29 April, the draft resolution INITIAL PROCEEDINGS was adopted with further amendments by 10 votes in favour, none against, and 1 abstention.@ The resolu- By letter dated 9 April 1946,7?the representative Of tion, as adopted, read:85 Poland, after referring to General Assembly reso- “The attention of the Security Cou~zcil has been lution 32 (I) of 9 , stated : drawn to the situation in Spain by a Member of the “Since then a series of developments has made it acting in accordance with Article 35 clear that the activities of the Franc0 Government of the Charter, and the Security Council has been have already caused international friction and en- asked to declare that this situation has led to inter- dangered international peace and security.” national friction and endangers international peace 6‘-.. and security. “In view of the foregoing, the situation in Spain “Therefore the Security Council, keeping in mind must be considered not as an internal affair of that the unanimous moral condemnation of the Franc0 country but as a concern of all the United Nations. regime in the Security Council, and the resolutions Article 2 of the Charter in paragraph 6 provides that concerning Spain which were adopted at the United the United Nations Organization shall insure that Nations Conference on International Organization States not Members of the United Nations act in ac- at San Francisco and at the first General Assembly cordance with the principles of the OTganization SO of the United Nations; and the views expressed by far as may be necessary for the maintenance of inter- members of the Security Council regarding the national peace and security. The situation in Spain Franc0 regime, makes the applicati’on of this provision imperative. “Hereby resok!es: to make further studies in “The Polish delegation, therefore, under Articles order to determine whether the situation in Spain 4 and 35 of the Charter, requests the Security Coun- has led to international friction and does endanger cil to place on its agenda the situation arising from international peace and security, and if it so finds, the existence and activities of the Franc0 regime in then to determine what practical measures the Spain for consideration and for adoption of such United Nations may take. measures as are provided for in the Charter.” “To this end, the Security Council appoints a Sub- At its 32nd meeting on 15 April 1946, the Council Committee of five of its members and instructs this included the question in the agenda.78 Sub-Committee to examine the statements made The Council considered the Spanish question at its before the Security Council concerning Spain, to 34th to 39th and 44th to 49th meetings between 17 receive further statements and documerits, and to April and 26 .?O conduct such inquiries as it may deem necessary, and to report to the Security Council before the end At the 34th meeting on 17 April 1946, the repre- of May.” sentative of Poland contended that the situation due to the existence and activities of the Fascist regime in REPORT OF THE SUB-COMMITTEE Spain was of the nature referred to in Article 34, and ON THE SPANISH QUESTION that it was the duty of the Organization to take appro- The report of the Sub-Committee on the Spanish priate steps in accordance with Article 2, paragraph 6. question, dated 1 June 1946, included conclusions and The representative of Poland submitted a draft resolu- tionso that the Security Council call upon Members of recommendations, as well as reservations by two of its members.s6 the United Nations to sever diplomatic relations with the Franc0 Government “in accordance with the After an Introduction an,d Parts II and III con- authority vested in it under Articles 39 and 41 of the cerning “Relevant Facts” and “Franc0 Spain and the Charter”. United Nations”, respectively, the Sub-Committee’s Decision of 29 April 1946 (39th meeting): Establish- report in Part IV dealt with “Jurisdiction of the Secu- ment of a sub-com,mittee to conduct inquiries rity Council and its power to take action under Chapter VII of the Charter”. It was stated that “in the opinion At the 35th meeting on 18 April 1946, the repre- of the Sub-Committee the Security Council cannot, sentative of Australia submitted an amendment to the on the present evidence, make the determination re- Polish draft resolution providing for a committee “to quired by Article 39”. In Part V on “Other measures make further inquiries” in accordance with Article available to the United Nations”, the Sub-Committee 34.81 reported that “the present situation in Spain . . . is a =43rd meeting: p. 305. situation the continuance of which is in fact likely to m43rd meeting: p. 305. endanger the maintenance of international peace and TI S/34, O.K., Suppl. No. 2, 1st year, 1st series, p. 55. security.s7 Is 32nd meetmg : p. 122. “For consideration of the question of domestic jurisdiction in connexion with the Spanish question, see chapter XII, Case *’ 37th meeting : p. 216. 2. “38th meeting: p. 239. “34th meeting : p. 167. For texf, see chapter XI, Case 1. BL39th meeting : p. 245. =35th meeting: p. 198. For consideration of the relevance of “39th meeting: p. 244. Article 34, see chapter X, Case 8; and for considerations of m S/75, O.R., Special Suppl., 1st year, 1st series, Rev. ed. On domestic Jurisdiction in connexion with the establishment of the character of the sub-committee, see chapter V, Case 65. the sub-committee, see chapter XII, Case 2. 6’0.R., Special Sz@pZ., 1st year, 1st series, Rev. ed., pp. l-10. Part ZZ. The Spanish quetition 307

The Sub-Committee, in Part VI, “Conclusions and mitted an amendAd text,e6 the representative of Poland recommendations addressed to the Security Council”, dissenting. stated,** inter al&z, that “the Security Council is . . . At the same meeting, the Security Council upheld97 empowered by paragraph 1 of Article 36 to recom- the President’s (Mexico) ruling that this text be con- mend appropriate procedures or methods of adjust- sidered as an amendment to the Polish draft resolu- ment” and it recommended, inter alia, that, unless cer- tion. This amended resolution was not adopted.QsThere tain conditions were satisfied, the General Assembly were 9 votes in favour, 2 against (one being that of pass a resolution recommending that each Member of a permanent member). the United Nations terminate forthwith diplomatic relations with the Franc0 regime. (iii) Also at the 49th meeting, the representative of the USSR submitted amended texts.Q0 After an amend- Decision of 18 June 1946 (47th meeting): Rejection ment submitted by the representative of the USSR had of draft resolution submitted by the Chairman of the been rejected, the following resolution was adopted :I00 Sub-Committee “Whmeas the Security Council on 29 April 1946 At the 45th meeting on 13 June 1946, the Chairman appointed a Sub-Committee to investigate the situa- of the Sub-Committee submitted a draft resolution for tion in Spain, the adoption of the Sub-Committee’s recommendations, “And whereas the investigation of the Sub-Com- subject to one addition.s9 mittee has fully confirmed the facts which led to the condemnation of the Franc0 regime by the At the 46th meeting on 17 June, the representative of the United Kingdom s,ubmitted an amendment.90 and San Francisco Conferences, the General Assem- bly at the first part of its first session, and by the At the 47th meeting on 18 June, the United King- Security Council by resolution of the date mentioned dom amendment was rejected, by 2 votes in favour, above, 6 against, with 3 abstentions.91 After separate votes “The Security Council decides to keep the situa- had been taken on each of the three recommendations, tion in Spain under continuous observation and the draft resolution as a whole was not adopted. There maintain it upon the list of matters of which it is were 9 votes in favour, 1 against (that of a permanent seized in order that it will be at all times ready to member) and 1 abstentionQ2 take such measures as may become necessary to Decision of 24 June 1946 (48th wweting): Rejection maintain international peace and security. Any mem- of the draft resolzrtion submitted by the represent+ ber of the Security Council may bring the matter tive of Poland up for consideration by the Council at any time.” At the 48th meeting on 24 June 1946, the repre- Decision of 26 June 1946 (49th meeting): Rejection sentative of Poland presented the draft resolution of draft resotution submitted by the representative submitted by him at the 34th meeting with the refer- of Aztstralia ence to Articles 39 and 41 of the Charter deleted. At the 49th meeting on 26 June 1946, the repre- sentative of Australia submitted a draft resolution At the same meeting, the Polish draft resolution was providing thatlo rejected by 4 votes in favour and 7 against.QQ “ Decision of 26 June 1946 (49th meeting): To keep the . . . in the opinion of the Security Council, the situation in Spain under observation carrying of the resolution on the Spanish q;lestion, dated 26 June, does not in any way prejudice the (i) At the 48th meeting on 24 June 1946, the repre- rights of the General Assembly under the Charter.” sentative of Poland submitted a draft resolutior+ to “keep the situation in Spain under continuous observa- The draft resolution was not adopted. There were tion and keep the question on the list of matters. . . ” 9 votes in favour, 2 against (one being that of a per- manent member) .lo2 After consideration of the draft resolution in rela- Decision of 4 (79th meeting) : Re- tion to recommendation by the General Assembly on moval of the question from the list of matters of the question at the next session, a drafting committee which the Council is seized composed of the representatives of Australia, Poland and the United Kingdom was appointed to examine At the 79th meeting on 4 November 1946, the draft the new Polish draft resolution.*6 resolution submitted by the representative of Poland, as amended by the addition of a sentence at the end, (ii) At the 49th meeting on 26 June, the represen- suggested by the President (United Kingdom) and tatrves of Australia and the United Kingdom sub- accepted by the representative of Poland, was adopted unanimously.lo3 The resolution as adopted read : “The Security Council resolves that the situation mO.R., Special Suppl., 1st year,.lst series, Rev.ed., pp. 10-11. For considerationof the Report m relation to Chapter VI of in Spain is to be taken off the list of matters of which the Charter, see chapter X, Case 22; and in relation to Chapter the Council is seized, and that all records and docu- VII of the Charter, see chapter XI, Cases 1 and 16. ments of the case be put at the disposal of the General m45th meeting: p. 326. For consideration of this draft Assembly. resolution in relation to Article 24, see chapter XII Case 21; in relation to Article 12, see chapter VI, Case 1 (I) ; and in =49th meeting: p. 401. For text, see chapter X, Case 9. relation to ChapterVI of the Charter, seechapter X, Case22. n49th meeting: p. 413. w46th meeting: pp. 348-349. w 49th meeting: p. 413. *‘47th meeting: p, 378. 9o49th meeting : p. 434. ua 49th meeting : pp. 441442. ** 47th meeting : p. 379. “‘49th meeting: p. 444. M48th meeting: p. 388. loa49th meeting : p. 446. For discussion, see chapter VI, Case “48th meeting: p. 389. For text, see chapter X, Case 9; for 1 (iii). discussion in relation to Article 12, see chapterVI, Case 1 (ii). lrn 79th meeting : p. 498. For discussion, see chapter VI, Case QE48th meeting: p. 400. 1 (iv). 308 Chapter VIII. Maintenance of international peace and security

“The Security Council requests the Secretary- measures; and “to retain on the agenda of the Secu- General to notify the General Assembly of this deci- rity Council the question of the menacing situation . . . ” sion.” At the 70th meeting on 20 , the The question was accordingly removed from the list USSR draft resolution was rejected by 2 votes in of matters of which the Security Council is seized. favour, 9 votes against.llO

THE GREEK QUESTION: UKRAINIAN SSR COMMUNICA- (ii) Netherlands draft resolution TION DATED 24 At the 69th meeting on 18 September 1946, the representative of the Netherlands submitted a draft INITIAL PROCEEDINGS resolutionlll to invite the Secretary-General to notify By telegram dated 24 August 1946,1°4the Ukrainian the Governments of Albania, , and SSR brought to the attention of the Security Council, that the Council, “without pronouncing under Article 35 ( i ) , “as being of the nature covered any opinion on the question of responsibility, earnestly by Article 34 . . . the sit,uation in the Balkans which has hopes that these Governments . . . will do .tbeir utmost resulted from the policy of the Greek Government, . . . to stop” the frontier incidents “by glvmg appro- and which endangers the maintenance of international priate instructions to their national authorities and by peace and security . . . ” The principal factor “condu- making sure that these instructions are rigidly en- cive to the situation in the Balkans, as created by this forced”. policy of the present Greek Government” was the The Netherlands draft resolution was voted upon “presence of British troops in Greece and the direct at the 70th meeting and was rejected by 6 votes in intervention of British military representatives in the favour, 3 against and 2 abstentions.l12 internal affairs” of Greece. The Council was requested to adopt measures without delay “in order to eliminate (iii) draft resolution this threat to peace”. At the 70th meeting on 20 September, the repre- After discussion at the 54th, 57th, 58th and 59th sentative of the United States submitted a draft reso- meetings, the Security Council included the question lution113 under which the Council, acting under Article in the agenda at the 59th meeting on 3 September 34, would establish a commission of three individuals 1946.105 to investigate in the area concerned the facts relating The Council considered the question at the 60th to to the incidents along the frontier between Greece on 62nd, and the 64th to 70th meetings, between 4 and the one hand, and Albania, Bulgaria and Yugoslavia 20 September 1946. on the other. Decision of 20 September 1946 (70th meeting): Post- The United States draft resolution was voted upon ponement of vote on draft resolution submitted by at the same meeting and was not adopted. There were the representative of Australia 8 votes in favour, 2 against (1 vote against being that of a permanent member) and 1 abstention.l14 At the 67th meeting on 16 September 1946, the representative of Australia submitted a draft resolu- (iv) Polish draft resolution tion that the Council pass to the next item on the Following the rejection of the USSR, Netherlands agenda.lo6 and United States draft resolutions at the 70th meeting, At the 70th meeting on 20 September, at the sug- the representative of Poland submitted a draft resolu- gestion of the President (USSR) and with the agree- tion115 to keep the situation under observation and to ment of the representative of Australia, the Security retain it on the list of matters of which the Council is Council decided to vote on the Australian draft resolu- seized. tion after the other draft resolutions directly related At the same meeting the Polish draft resolution was to the question under consideration had been voted rejected by 2 votes in favour and 9 votes against.lls upon.lo7 Following statements at the 70th meeting by the Decisions of 20 September 1946 (70th meeting): Re- President of the Council (USSR) ,117 the Secretary- jection of draft resolutions szebmitted respectively Genera1118and the representative of France,l19 the by the representatizles of the USSR, the Nether- representative of Australia withdrew his draft resolu- lands, the United States and Potandlos tion.120 (i) USSR draft resolution The question was removed from the list of matters At the 67th meeting on 16 September 1946, the of which the Council is seized. representative of the USSR submitted a draft resolu- tionlo9 to establish that “a situation envisaged by lm70th meeting: pp. 407-409. Article 34 of the Charter” had been created in Greece; 11169th meeting : p. 390. to call upon the Greek Government to take certain ‘= 70th meeting : pp. 409-410. m S/137, O.R., 1st year, 2nd series, Suppl. No. 5, pp. 149-151. Its 70th meeting : p. 395. For text, see chapter X, Case 10. laFor consideration of inclusion of the question in the “‘70th meeting: p. 412. agenda, see chapter II, Cases 17 and 28. U 70th meeting: p. 413. For text, see chapter X, Case 10. lCa67th meeting: p. 329. For consideration of the Australian ‘l’70th meeting: p. 417. draft resolution, see chapter II, Case 57. U770th meeting: p. 420. lW70th meeting: pp. 405-407. US70th meeting: p. 421. ull) For constitutional considerations advanced in connexion 11S70th meeting: p. 422. with the draft resolutions, see chapter X, Case 10; in con- M70th meeting: p. 422. For discussion preceding the with- nexion with Article 2 (7), see chapter XII, Case 3. drawal of the Australian draft resolution. see chapter II, Case lW67th meetirig: pp. 334-335. 57.