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The United States nevertheless submitted its own draft text more ambiguously accepting the requests of the Palestine Commission “subject to the authority of the Security Council under the Charter”. Faris El-Khouri objected to the U.S. draft on the grounds that “before accepting these three requests, it is our duty to ascertain whether they are or are not within the framework of the Security Council as limited by the Charter. If it is found that they are not, we should decline to accept them.” He recalled Austin’s own statement on the lack of authority of the Security Council, saying, “It would follow from this undeniable fact that any recommendation on a political settlement can be implemented only if the parties concerned willingly accept and complement it.” Furthermore, “the partition plan itself constitutes a threat to the peace, being openly rejected by all those at whose expense it was to be executed.” Austin in turn explained the intent of the U.S. draft that its acceptance of Resolution 181 is
subject to the limitation that armed force cannot be used for implementation of the plan, because the Charter limits the use of United Nations force expressly to threats to and breaches of the peace and aggression affecting international peace. Therefore, we must interpret the General Assembly resolution as meaning that the United Nations measures to implement this resolution are peaceful measures.
Moreover, explained Austin, the U.S. draft
does not authorize use of enforcement under Articles 39 and 41 of the Charter to empower the United Nations Commission to exercise in Palestine the functions which are assigned to it by the resolution, because the Charter does not authorize either the General Assembly or the Security Council to do any such thing.
When the Security Council did finally adopt a resolution on March 5, it merely made a note of “Having received General Assembly resolution 181″ and the first monthly Palestine Commission report, and resolved
to call on the permanent members of the Council to consult and to inform the Security Council regarding the situation with respect to Palestine and to make, as the result of such consultations, recommendations to it regarding the guidance and instructions which the Council might usefully give to the Palestine Commission with a view to implementing the resolution of the General Assembly.
During further debates at the Security Council over how to proceed, Austin observed that it had become “clear that the Security Council is not prepared to go ahead with efforts to implement this plan in the existing situation.” At the same time, it was clear that the U.K.’s announced termination of the Mandate on May 15 “would result, in the light of information now available, in chaos, heavy fighting and much loss of life in Palestine.” The U.N. could not permit this, he said, and the Security Council had the responsibility and authority under the Charter to act to prevent such a threat to the peace. The U.S. also proposed establishing a Trusteeship over Palestine to give further opportunity to the Jews and Arabs to reach a mutual agreement. Pending the convening of a special session of the General Assembly to that end, “we believe that the Security Council should instruct the Palestine Commission to suspend its efforts to implement the proposed partition plan.”
The Security Council President, speaking as the representative from China, responded: “The United Nations was created mainly for the maintenance of international peace. It would be tragic indeed if the United Nations, by attempting a political settlement, should be the cause of war. For these reasons, my delegation supports the general principles of the proposal of the United States delegation.” At a further meeting of the Security Council, the Canadian delegate stated that the partition plan “is based on a number of important assumptions”, the first of which was that “it was assumed that the two communities in Palestine would co-operate in putting into effect the solution to the Palestine problem which was recommended by the General Assembly.” The French delegate, while declining to extend either approval for or disapproval of the U.S. proposal, observed that it would allow for any number of alternative solutions from the partition plan, including “a single State with sufficient guarantees for minorities”. The representative from the Jewish Agency for Palestine read a statement categorically rejecting “any plan to set up a trusteeship regime for Palestine”, which “would necessarily entail a denial of the Jewish right to national independence.”
Mindful of the worsening situation in Palestine, and wishing to avoid further debate, the U.S. proposed another draft resolution calling for a truce between Jewish and Arab armed groups that Austin noted “would not prejudice the claims of either group” and which “does not mention trusteeship.” It was adopted as Resolution 43 on April 1. Resolution 44 was also passed the same day requesting “the Secretary-General, in accordance with Article 20 of the United Nations Charter, to convoke a special session of the General Assembly to consider further the question of the future government of Palestine.” Resolution 46 reiterated the Security Council’s call for the cessation of hostilities in Palestine, and Resolution 48 established a “Truce Commission” to further the goal of implementing its resolutions calling for an end to the violence.
On May 14, the Zionist leadership unilaterally declared the existence of the State of Israel, citing Resolution 181 as constituting “recognition by the United Nations of the right of the Jewish people to establish their State”. As anticipated, war ensued.
The Authority of the U.N. with Regard to Partition
Chapter 1, Article 1 of the U.N. Charter defines its purposes and principles, which are to “maintain international peace and security”, to “develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples”, and to “achieve international co-operation” on various issues and “promoting and encouraging respect for human rights and for fundamental freedoms for all”.
The functions and powers of the General Assembly are listed under Chapter IV, Articles 10 through 17. It is tasked to initiate studies and make recommendations to promote international cooperation and the development of international law, to receive reports from the Security Council and other organs of the U.N., and to consider and approve the organization’s budget. It is also tasked with performing functions under the international trusteeship system. Its authority is otherwise limited to considering and discussing matters within the scope of the Charter, making recommendations to Member States or the Security Council, or calling attention of matters to the Security Council.
Chapter V, Articles 24 through 26, states the functions and powers of the Security Council. It is tasked with maintaining peace and security in accordance with the purposes and principles of the U.N. The specific powers granted to the Security Council are stated in Chapters VI, VII, VIII, and XII. Under Chapter VI, the Security Council may call upon parties to settle disputes by peaceful means, investigate, and make a determination as to whether a dispute or situation constitutes a threat to peace and security. It may recommend appropriate procedures to resolve disputes, taking into consideration that “legal disputes should as a general rule be referred by the parties to the International Court of Justice”. Under Chapter VII, the Security Council may determine the existence of a threat to peace and make recommendations or decide what measures are to be taken to maintain or restore peace and security. It may call upon concerned parties to take provisional measures “without prejudice to the rights, claims, or position of the parties concerned.” It may call upon member states to employ “measures not involving the use of armed force” to apply such measures. Should such measures be inadequate, it may authorize the use of armed forces “to maintain or restore international peace and security”. Chapter VIII states that the Security Council “shall encourage the development of pacific settlements of local disputes” through regional arrangements or agencies, and utilize such to enforce actions under its authority.