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lonialism; it is a bold violation of one of the most basic principles in the Jerusalem, portions of Jordan on the West Bank of the
United Nations Charter, stated in these words from Article 2, paragraph Jordan River, and the Syrian Golan Heights. In Security
4: Council Resolution 242, adopted November 22, 1967,
AU Members shall refrain in their international relations from the
threat or use of force against the temtorial integrity or political inde- the Council called for the withdrawal of Israel armed
pendence of any State, or in any other manner inconsistent with the forces from these territories. 30 For a number of reasons,
Purposes of the United Nations. political as well as military, this withdrawal did not occur.
We realize fully the depths of the differences between India and Por- Moreover, following the 1967 war, Israel took certain
tugal concerning the future of Goa. We realize that India maintains that measures to accomplish the "administrative unification"
Goa by right should belong to India. Doubtless India would hold, of Jerusalem. Reacting quickly to this development, the
therefore, that its action is aimed at a just end. But, if our Charter means Genera Assembly, by a vote of 99-0-20, adopted the
anything, it means that States are obligated to renounce the use of force, following resolution:
are obligated to seek a solution of their differences by peaceful means,
are obligated to utilize the procedures of the United Nations when other The General Assembly,
peaceful means have failed. .. . 24 Deeply concernedat the situation prevailing in Jerusalem as a result of
the measures taken by Israel to change the status of the City,
At the end of the Security Council debate on December 1. Considers that these measures are invalid;
18, 1961, Ceylon, Liberia, and the United Arab Republic 2. Calls upon Israel to rescind all measures already taken and to
submitted a draft resolution which cited G.A. Res. 1514, desist forthwith from taking any action which would alter the status of
"Declaration on the Granting of Independence to Co- Jerusalem;
3. Requests the Secretary-General to report to the General Assembly
lonial Countries and Peoples," 25 rejected the Portuguese and the Security Council on the situation and the implementation of the
complaint of Indian aggression, and called upon Portugal present resolution not later than one week from its adoption. 31
to terminate hostile action and to cooperate with India in As of 1977, Israel continues to both occupy most of the
the liquidation of her colonial possessions in India. 26 This territory taken by its military forces in 1967 and to ad-
resolution was defeated by a vote of 4 in favor and 7 minister the City of Jerusalem.
against. France, Turkey, the United Kingdom, and the (3) The purpose of the discussion of these two
United States then introduced a draft resolution which events, is not to assess blame or to adjudge the legality of
recalled the obligation of members under Article 2 of the events examined. They are offered only as topical exam-
Charter to settle disputes by peaceful means, called for an ples of what might be viewed as territorial acquisition by
immediate cessation of hostilities, called upon India to conquest. The legal status of the territory in question will
withdraw its forces, urged the parties to work out a perma- be dependent upon whether other states agree or refuse to
nent solution of the problem by peaceful means, and re- recognize "title" to the land occupied by India and Israel.
quested the Secretary-General to provide appropriate Moreover, these actions serve to demonstrate to the mili-
assistance. 27 Although a majority of the Council voted in tary attorney the interdependent nature of the two major
favor of this resolution, it was vetoed by the Soviet Union.
components of public international law, the Law of Peace
The territory in question remains in Indian hands. 28
and Use of Force. That is, the legality of acquisition of
(2) The 1967 Middle East War. International sovereignty over territory by conquest can be fully dis-
publicists disagree as to whether the military action under- cussed only if currently existing conflict management
taken by Israel in 1967 constituted a "legitimate" act of norms are taken into consideration.
self-defense in terms of the currently existing international J: The Polar Regions. Although various states have at-
norms. 29 For purposes of this chapter, however, this tempted to claim sovereignty over portions of the polar
question is not the primary point of concern. Instead, it regions, 32 the United States refuses to recognize these
focuses attention on the issue of whether a state may ex- claims. In a note dated June 16, 1955, to the Secretary of
tend its sovereignty over territory through the use of force State, the Australian Ambassador at Washington stated:
which is "lawful" under the U.N. Charter; that is, armed
I have the honour to refer to my letter of 1 lth March, 1949, deposit-
measures taken in "self-defense." Israel's success in the ing with the Government of the United States the Australian Instru-
Six Day War of 1967 resulted in its military occupation of ment of Ratification of the Convention of the World Meteorological
substantial territory: the Sinai, the Gaza Strip, parts of Organization signed at Washington, D.C. on 11th October, 1947.
I wish to inform you that the Australian Government has now
24. 16 U.N. SCOR, 987 meeting, 10-11, 16, 988th meeting 7-8 decided, by virtue of its membership of the World Meteorological
(1961).
25. 15 U.N. GAOR, Supp. 16 at 66, U.N. Doc. N4684 (1961). 30. S.C. Res. 242, SCOR, Resolutions and Decisions of the
26. See U.N. Doc. S/5032 (1961). ,Security Council at 8 (22 Nov. 1967).
27. See U.N. Doc. S/5033 (1961). 31. G.A. Res. 2253, U.N. GAOR, 5th Emergency Special Session,
28. Wright, The Goo Incident, 56 Am. J. Int'l L. 617 (1962). Annexes and Resolutions, Supp 1, at 4, U.N. Doc. M6798 (1967); 57
29. See J. Stone, Legal Controls of International Corlflct, 244, n. 8 Dep't State Bull. 113 (1967).
(1955); Wright, The Cuban Quarantine, 57 Am. J. Int'l L. 546, 559 32. States have attempted to claim sovereignty over portions of the
(1963); McDougal, The Soviet-Cuban Quarantine and Sev-Defense, 57 polar regions on the basis of discovery, contiguity, and the polar sector
Am. J. Int'l L. 597-98 (1963); and Henkin, Force, Intervention and theory. For a discussion of these claims and a concise explanation of the
Neutrali~ in Contemporaty International Law, Proc., Am. Soc. Int'l L. polar sector theory, See W. Friedmann, 0.Lissitzyn, & R. Pugh, Inter-
147, 150 (1963). national Law 458-63 (1969) (hereinafter cited as 2 W. Friedman).