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[ 1962 ] Part 1 Sec 1 Chapter 8 Questions Relating to the Americas QUESTIONS RELATING TO THE AMERICAS 101 CHAPTER QUESTIONS RELATING TO THE AMERICAS MATTERS CONCERNING THE SITUATION IN THE CARIBBEAN AREA CUBA'S COMPLAINT OF precedent had been established by the Council's 22 FEBRUARY 1962 resolution of 9 September 1960, which it had On 22 February 1962, Cuba asked that an adopted in connexion with the action taken by immediate meeting of the Security Council be the OAS regarding the Dominican Republic.2 called to consider its complaint that the United Other representatives favoured the adoption States had promoted the adoption of enforce- of the agenda on the ground that the present ment action against Cuba at the Meeting of Cuban complaint was different from the one Consultation of Ministers of Foreign Affairs of which the General Assembly had considered. the American Republics, held at Punta del Este, Romania and the USSR further observed, Uruguay, in January 1962.1 among other things, that the meeting at Punta The enforcement measures, Cuba maintained, del Este had taken place subsequent to the were a prelude to an invasion of Cuba planned submission of the complaint by Cuba to the by the United States and were at variance with General Assembly and that the OAS decision the Charters of the United Nations and of the constituted enforcement action which required Organization of American States (OAS) and authorization by the Security Council. with the Inter-American Treaty of Reciprocal In connexion with a request by the repre- Assistance of 1947 under which the meeting sentative of Cuba that he be invited to partici- had been called. Furthermore, those measures pate in the discussion of the adoption of the had been implemented without the authoriza- agenda, some Council members observed that tion of the Security Council, in violation of it had been the practice of the Council to invite Article 53 of the United Nations Charter. (This non-members only after the agenda had been Article states, in part, that "no enforcement adopted and that that rule had been strictly action shall be taken under regional arrange- adhered to by the Council. The USSR repre- ments or by regional agencies without the au- sentative, among others, maintained that under thorization of the Security Council. ..") the Council's provisional rules of procedure Accordingly, Cuba asked the Council to take Cuba could participate in the consideration of appropriate measures to end the illegal action the question as well as in the discussion on the of the United States Government and to prevent adoption of the agenda, and he moved that the the development of a situation which en- question be put to the vote. It was rejected dangered international peace and security. by a vote of 4 in favour to 0 against, with 7 The item was placed on the provisional abstentions. The provisional agenda was then agenda of the Council's meeting on 27 February put to the vote and was not adopted, having 1962. During the debate on the adoption of received 4 votes in favour to 0 against, with the agenda, several representatives held the view 7 abstentions. that the Cuban charges were essentially the In a letter dated 2 March, referring to the same as those which had recently been con- Council's decision, Cuba said it had been de- sidered by the General Assembly. The fact that prived of its right, under the United Nations the Assembly had not adopted any resolution Charter, to bring before the Council a situation was a clear indication that it had found the which created a serious threat to peace. Cuba Cuban charges to be groundless, and, therefore, considered it an infringement of the Council's there was no justification for reopening the authority, and a dangerous precedent, that a debate on the question. As for the relationship group of member States could prevent consid- of the Security Council to action taken by eration of a matter which was clearly within regional organizations, they pointed out that a the Council's competence. 1 See Y.U.N., 1961, pp. 119-20. 2 See Y.U.N., 1960, p. 165. 102 POLITICAL AND SECURITY QUESTIONS CUBA'S REQUEST OF 8 MARCH 1962 for any procedure for expelling a State member On 8 March, Cuba again asked for a meeting of the organization, in particular because of its of the Security Council to consider its request social system? (5) Could the provisions of the that the Council ask the International Court of OAS Charter and the Inter-American Treaty Justice to give an advisory opinion on certain of Reciprocal Assistance be considered to take legal questions related to the resolutions adopted precedence over the obligations of Member by the Meeting of American Ministers of Foreign States under the United Nations Charter? (6) Affairs at Punta del Este. Was one of the main principles of the United Cuba also asked that the Security Council, Nations Charter that membership in the Or- as a provisional measure, call for the suspension ganization was open to States which met the of the agreements which had been adopted by requirements of Article 4 of the Charter, ir- the OAS at Punta del Este, and of such meas- respective of their system?4 and (7) In the ures as might have been ordered in pursuance light of the replies to the foregoing questions, of those agreements, because the adoption and were, or were not, the resolutions adopted at execution of those agreements constituted illegal Punta del Este relating to the expulsion of a acts and because they involved a threat to inter- State member of a regional agency because of national peace and security. its social system and the taking of other enforce- On 14 March, the Security Council included ment action against it, without the authoriza- the item in its agenda and discussed it at seven tion of the Security Council, consistent with the meetings held from 14 to 23 March 1962. provisions of the United Nations Charter, the On 19 March, the representative of Cuba, OAS Charter and the Treaty of Rio? who had been invited to participate in the In the debate, the Cuban representative said discussion, submitted a draft resolution by which that the Meeting of Consultation held at Punta the Security Council would decide to request del Este had been unlawful because it had been the International Court of Justice to give an convened not in accordance with the terms of advisory opinion, as a matter of priority, on the the Treaty of Reciprocal Assistance and the following questions: (1) Was the OAS, under OAS Charter but to study hypothetical ques- the terms of its Charter, a regional agency tions and situations which fell within the do- within the meaning of Chapter VIII of the mestic jurisdiction of a State, such as the United Nations Charter (having to do with economic and social system which Cuba had regional arrangements), and did its activities chosen in full exercise of its sovereignty. In the have to be compatible with the purposes and absence of a legitimate reason, an attempt had principles of the United Nations? (2) Under been made to create a threat to peace by alle- the United Nations Charter, did the OAS have ging that, because the Cuban revolution had the right, as a regional agency, to take the proclaimed its affiliation to Marxism-Leninism, enforcement action provided for in Article 53 its Government had been imposed by the Soviet of the United Nations Charter without the Union, and that Cuba had thus become a authorization of the Security Council? (3) dependency- of the Sino-Soviet system which Could the expression "enforcement action" in potentially could threaten the peace and security Article 53 of the United Nations Charter be of America. considered to include the measures provided for The exclusion of Cuba from the OAS be- m Article 41 of the United Nations Charter? cause of its social system, he went on, was an Was the list of those measures in Article 41 arbitrary political act which had violated the exhaustive?3 (4) Did the OAS Charter provide principles of non-intervention and self-determi- nation and other provisions of the OAS Charter, 3 Article 41 states: "The Security Council may decide what measures not involving the use of armed as well as those of the United Nations Charter. force are to be employed to give effect to its decisions, Furthermore, certain collective coercive meas- and it may call upon the Members of the United Na- ures of an economic nature had been, and were tions to apply such measures. These may include being, carried out against Cuba without the complete or partial interruption of economic rela- approval of the Security Council, in violation tions and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations." 4 For text of Article 4, see APPENDIX II. QUESTIONS RELATING TO THE AMERICAS 103 of Article 53 of the United Nations Charter. the question fully, taking into consideration that He expressed the hope that the Council would international peace and security were threatened suspend those illegal measures and would re- by resolutions taken by regional organizations quest an advisory opinion of the International which conflicted with provisions of the United Court of Justice on the questions submitted by Nations Charter. Support for the Cuban draft his Government. resolution was also expressed by the United The United States representative maintained Arab Republic and Ghana. In the latter's view, that the Cuban complaint sought to extend the there was reasonable legal doubt as to the inter- Soviet veto to all regional organizations by way pretation of the term "enforcement action" of the Security Council.
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