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Chapter VIII CONSIDERATION OF QUESTIONS UNDER THE COUNCIL’S RESPONSIBILITY FOR THE MAINTENANCE OF INTERNATIONAL PEACE AND SECURITY CONTENTS PrqpC INTRODUCTORYNME .............................. 97 PART I. ANALY~CAL TABLE OF MEASURES AWETED BY THE SECURITY GXJNCIL Note ................................... 97 PART II Situation in Viet-Nam ........................... 104 Complaint by the Government of Cyprus ................... I05 Situation in Southern Rhodesia ....................... 113 The Palestine question ........................... 124 Complaint by the United Kingdom ...................... 130 Complaint by the Democratic Republic of the Congo .............. 131 Situation in the Middle East (I) ....................... 134 Situation in the Middle East (II) ....................... 146 The question of South West Africa ...................... 164 Complaint by the United States (Pueblo incident). ............... 168 Complaint by Haiti ............................ 169 Question of safeguards to non-nuclear-weapon States parties to the Non-Proliferation Treaty ................................. 170 Situation in Czechoslovakia ......................... 171 ,-Y -2 INTRODUCTORY NOTE The principles underlying the organization and pre- consideration by the Council. With certain exceptions, sentation of the material presented in chapters VIII-XII a summary of the case presented to the Council is given of this Supplemenf are the same as for the previous at the outset of each question, together with a summary volumes of the Repertoire. Those volumes should be of the contentions made in rebuttal. consulted for a full statement of such principles. The framework of the material for each question is Chapter VIII indicates the chain of proceedings on provided by the succession of affirmative and negative the substance of each of the questions included in the decisions within the purview of this chapter.5 Decisions report of the Security Council to the General Assembly related to the subject matter of chapters I-VI of the under the heading: “Questions considered by the Security Repertoire are, as a rule, omitted as not relevant to the Council under its responsibility for the maintenance purpose of this chapter or of the ancillary chapters X- of international peace and security”. The range of ques- XII. The decisions are entered in uniform manner. tions covers broadly those which may be deemed to fall Affirmative decisions are entered under a heading indi- under chapters VI and VII of the Charter. In chapters X, cative of the content of the decision, and negative deci- XI and XII of the Repertoire is presented ancillary mate- sions are entered under a heading indicative solely of the rial from the Official Records bearing on relevant Articles origin of the proposal or draft resolution. Affirmative of the Charter. References to the ancillary material are decisions have been reproduced in full as constitutive given at the appropriate points in the entries for each of the practice of the Council, while negative decisions question in this chapter. are indicated in summarized form. Where the negative As an outline of the proceedings of the Council in decision relates to a draft resolution in connexion with respect of the questions included in its agenda, chap- which discussion has taken place concerning the applica- ter VIII constitutes a framework within which the ancil- tion of the Charter, the text of the relevant parts of the lary legal and constitutional discussion recorded in draft resolution will in most instances bc found in chap- chapters X to XII may he considered. The chapter is, ters X-XII. therefore, an aid to the examination of the deliberations As in the previous volumes of the Repertoire, an ana- of the Council expressly related to the provisions of the lytical table of measures adopted by the Council arranged Charter within the context of the chain of proceedings broadly by type of measure has been included as part I on the agenda item. of chapter VIII. This table should be regarded as of the The questions are dealt with in the chronological order nature of an index to chapter VI I I ; and no constitutional of their inclusion in the agenda of the Council ’ and with significance should be attached to the headings adopted regard to the Palestine question, y the situation in Southern in the compilation of this table or to the inclusion of Rhodesia,3 the complaint by the Government of Cyprus,’ particular measures under the individual headings. A which were included in the Council’s agenda before the new main heading has been added at the end of the table period under review, in the order of resumption of their while the number of subheadings has been considerably expanded to include types of mcasurcs not previously 1 For a tabulation of the data on submission, see chapter X, adopted by the Council. In certain instances, subheadings part III. As indicated in the editorial note, the questions included have been modified with a view to broadening their scope m the agenda of the Council during the years 1966 and 1968 appear so as to include thereunder measures which, although under conventional short titles. varying slightly in their formulation, are substantially ’ Repertoire of the Practice of rhc Security Council, 1946-1951, similar. LW. 325-344; ibid.. Suvvlemcnt 1952-1955. DD. 110-118: ibid.. k&pplement 1956-1!358,“p. 93-105; ibid., S$p?ement 1955-1963; pp. 150-154; ibid., Supp Pcment 1964-1965. pp. 139. 140. L In a number of cases, this sequence of affirmative and negative ’ Ibid.. Supplement 19.59-1963. pp. 211-219; ibid., Supplement decisions has not occurred during the period under review due 1964-1965, pp. 143-149. to decisions having been made by consensus obtained through d Ibid.. Supplement 1959-1963, pp. 219,220; ibid., Supplement informal consultations. See also chapter I, Cases 7, I I, 12, 14. 1964-1965. pp. 108-127. 15. 17; and footnote 18 in chapter 1. Part I ANALYTICAL TABLE OF MEASURES ADOPTED BY THE SECURITY COUNClL NOTE in this tabulation are restricted to a reference to the qucs- tion, the date of the decision and the serial number of AS in the previous volumes of the Repertoire, the entries the decision. 97 98 Chapter VIII. Maintenance of lntematioaal peaee and seeurlty **I. Preliminary measures for tbe elucidation of fact Decision of 24 March 1968 (resolution 248 (1968)). para. 4. II. Determination of tbe nature of tbe question D. Precautionary action. _- Situation in the Middle Fast (II): A. Determination of the existence of a dispute or situation the continuance of which is likely to endanger the maintenance Decision of 27 April 1968 (resolution 250 (1968)), pre- of international peace and security. amble and para. I. B. Determination of the existence of a threat to the .neace. breach Iv* Measurea In cotmexloa with Iniunctlons to be taken by of the peace, or act of aggression. the cov enlmentsand aPtborljleadirectly Involved lib boatilitiea Situation in Southern Rhodesia: Decision of 9 April 1966 (resolution 221 (1966)). para. 1. A* Withdrawal of fighting personnel. Decision of 16 December 1966 (resolution 232 (1966)), Situation in the Middle East (I): preamble and para. 1. Decision of 1 I June 1967 (resolution 236 (1967)), para. 4. Decision of 29 May 1968 (resolution 253 (1968)). pre- B amble. Co-operation of the parties to prevent recurrence of incidents or to lessen tension. C. Finding of an action as a planned military attack. (i) Complaint by the United Kingdom: (i) The Palestine question: Decision: President’s statement of 16 August 1966. Decision of 25 November 1966 (resolution 228 (ii) The Palestine question: (1966)), preamble. Decision of 25 November 1966 (resolution 228 (ii) Situation in the Middle East (‘I): (1966)). preamble. Decision of 24 March 1968 (resolution 248 (1968)). C preamble. Call for ensuring the safety, welfare and security of inhabi- Decision of 16 August 1968 (resolution 256 (1968)). tants of areas under military occupation and facilitating the preamble. return of those who fled occupied areas. Decision of 31 December 1968 (resolution 262 Situation in the Middle East (I): (I 968)). preamble. Decision of 14 June 1967 (resolution 237 (1967)). para. 1. D. Finding that any aggression accompanied by the use of D. Respect for humanitarian principles governing treatment of nuclear weapons would endanger the peace and security of prisoners of war and protection of civilian persons in times all States. of war in accordance with the Geneva Convention of 1949. Question of safeguards to non-nuclear-weapon States Situation in the Middle East (I): parties to the Non-Proliferation Treaty. Decision of 14 June 1967 (resolution 237 (1967)) pre- Decision of 19 June 1968 (resolution 255 (1968)), amble and para. 2. preamble. Situation in the Middle East (II): E. Determination that premeditated and repeated military Decision of 24 March 1968 (resolution 248 (1968)). attacks endangered the maintenance of the peace. preamble and para. 4. Decision of 27 September 1968 (resolution 259 (1968)), Situation in the Middle East (II): preamble. Decision of 16 August 1968 (resolution 256 (1968)). para. 3. E. Call for restraint by the parties. Decision of 31 December 1968 (resolution 262 (1968)). Complaint by the Government of Cyprus: para. 2. Decision of 16 March 1966 (resolution 220 (1966)), para. 2 (first part). III. Injunctions to Governmenta and autborities Involved Decision of 16 June I966 (resolution 222 (1966)). pare. 2 in hostilities (first part). Decision of I5 December 1966 (resolution 231 (1966)). A. Call for adherence to armistice agreement. para. 2 (first part). The Palestine question: Decision of 19 June 1967 (resolution 238 (1967)), para. 2 Decision of 25 November 1966 (resolution 228 (1966)), (first part). preamble. Decision: President’s statement of 24 November 1967. Decision of 22 December 1967 (resolution 244 (1967)). B. Call for cessation of hostilities. para. 4. Situation in the Middle East (I): Decision of 18 March 1968 (resolution 247 (1968)). Decision of 6 June 1967 (resolution 233 (1967)). para. 1. para. 2 (first part). Decision of 7 June 1967 (resolution 234 (1967)).
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