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June 30, 1967 - Image 30

Resource type:
The Detroit Jewish News, 1967-06-30

Disclaimer: Computer generated plain text may have errors. Read more about this.

'Legal Aspects of Egypt's Suez Closure'

In a letter to the New York I
Times, Stephen M. Schwehel of.
Washington, executive director!
of the American Society of Inter-,
national Law, former assistant
legal adviser of the DepartMent
of State and legal adviser to the
U.S. delegation to the UN Gen-
eral Assembly, outlined "Legal
Aspects of Egypt's Suez Clos-.
are." as follows:

ity and effect of the U.A.R.'s asser-
tion of belligerency, and even the
truth of the U.A.R.'s allegations of
foreign intervention in the fighting
with Israel, which is claimed to
justify the canal's discriminatory
closur. might usefully be tested in
the Court.

As of April 24, 1957, the U.A.R.
accepted the compulsory jurisdic-
tion of the Court "in all legal dis-
While the Middle East crisis is putes" that may arise with respect
hardly susceptible of judicial reso-.. to its Declaration of that date on
lotion, one aspect of it is within the Suez Canal and the Arrange-
the compulsory jurisdiction of the ments for its Operation. That dec-
International Court of Justice: the laration provides that differences
United Arab Republic's closure of arising between the parties to the
the Suez Canal.
Constantinople Convention of 1888
That closure has two aspects. in respect to the application or
Before the canal was physically interpretation of its provisions, if
blocked, the U.A.R. announed that not otherwise resolved, will be
the canal was closed . to British referred to the Court.
and United States shipping. Later
the canal was in fact closed, not Provisions Quoted
Among the parties to the Con-
in a disriminatory manner against
the shipping of just some states. stantinople Convention are the
but to the shipping of all states by United Kingdom and, by succes-
reason of the sinking of ships in sion, the U.A.R. Among its pro-
it, allegedly through Egyptian visions are that: "The Suez Mari-
scuttling of concrete-filled barges. time Canal shall always be free
The legality of the discrimina- and open, in time of war as in
tory closure. and the facts and law time of peace, to every vessel of
of the physical closure, as well as commerce or of war, without dis-
related questions of the admissibil- tinction of flag. Consequently, the

high contracting parties agree not
in any way to interfere with the
free use of the canal, in time of war
as in time of peace. The canal
shall never be subjected to the
exercise of the right of blockade."
The U.A.R.'s Declaration of April
24. 1957, declared that it remains
"the unaltered policy and firm pur-
pose of the Government of Egypt
to respect the terms and the spirit
of the Constantinople Convention
of 1888 and the rights and obliga-
tions arising therefrom. The Gov-
ernment of Egypt will continue to
respect, observe and implement
It recorded the resolve of Egypt:
"To afford and maintain free and
uninterrupted navigation for all na-
tions within the limits of and in
accordance with the provisions of
the Constantinople Convention ..."
The United Kingdom would seem
to have reason to challenge the
U.A.R.'s observance of these inter-
national obligations in the Court
which has jurisdiction over dis-
putes concerning them. And if the
U.A.R. in fact did deliberately
block the canal, so indeed would
other signatories of the Constanti-
nople Convention.

U.S. Will Sell Israel $30 000 000
in Farm Goods; Will Air Lift Tents

officials said the government is
considering a long-standing Israeli
request to buy about $30,000,000
in agricultural commodities. Last
year Israel received $34,000,000
in surplus foods, paid in dollars
and Israeli pounds.
Early this year , Israel requested
about $30,000,000 worth of grains.
No decision was made before the
outbreak of war because of the
worldwide review of "food for
peace" policies.
The Israeli application currently
is "under consideration" while the

Is State Department Again the Appeaser?



(Copyright, 1967, JTA, Inc.)

WASIIINGTON—The Administra-
tion is assessing the wave of pro-
Israel sentiment that has swept
the country.
Americans did not want to get
involved but were deeply troubled
lest Israel fall victim to masses of
Communist-backed Arab forces. A
nation bored and vexed by the
endless ordeal in Viet Nam was
electrified by Israel's lightning

More than 100,000 letters are
known to have been received by
the White House. Many came
from non-Jews. A central theme
was the conviction that Israeli
troops should not budge from
the cease-fire positions until the
Arabs agreed to a general peace
The public mood troubles the

being drafted by the State De- Egyptians. The Red Cross noted
partment. The Department mean- that Israeli helicopters had al-.
ready done everything possible,
while is seeking to minimize the
but the State Department hoped
resumption of Soviet munitions
Cairo would get the message.
shipments and Egyptian threats
The State Department found it
to turn the Middle East into
"another Viet Nam." Rep. Gerald diplomatic to ignore Israel's hu-
Ford, Republican leader in the manitarian efforts. The Depart-
House, has served notice that the ment is finding it more difficult
Republicans will not vote for fur- to dismiss the demands of domes-
ther indirect financing of the flow tic public opinion. No longer is the
voice of Israel exclusively that of
of Soviet arms to Egypt.
Zionists or Jews.
Despite statements by the In-
A richly-deserved reward was
ternational Red Cross in Geneva
enjoyed by the industrious Office
that Israel had cooperated in
of Information of the Israeli Em-
every way with efforts to rescue
bassy in Washington. Press Coun-
Egyptian stragglers in Sinai, the
sellor Dan Pattir was unable to
State Department spread the
keep count of the pro-Israel edi-
impression that the Israelis were
torials published through America.
heartlessly allowing the Egyp-
Pattir had coped with all inqui-
tians to die of thirst..An unneces-
ries during frantic days of war
sary plan was advertised to offer
and crisis. But he was over-
U.S. Air Force planes to fly
whelmed by the flow of laudatory
over the Sinai dunes dropping
water and food for isolated

State Department.
The State Department is eager
to reestablish diplomatic relations
with Egypt and other Arab states.
Secretary of State Dean Rusk has
placed a high priority on regain-
TEL AVIV (JTA) — Israeli mander-in-chief of Israel's navy,
ing contact with the Arabs, re-
officials said Sunday that special struck primarily against Egyptian
opening of the Suez Canal, and
salvage units were examining two naval base at Ras Tin, at Alexan-
resumption of the flow of oil.
trainloads of chemicals believed dria, and attacked other Egyptian
There is talk of pressuring Israel
to include ingredients for making naval installations along the en-
to withdraw with flimsy assur-
poison gas in mobile laboratories tire northern coast of Egypt as
ances. Diplomats would barter
were found in the Sinai far as Port Said and Port Tawfiq,
away the fruits of Israeli triumph which
insula. south of Suez.
in exchange for Arab favor. The Pen
Combined units of frogmen and
The oficials said that the chemi-
same diplomats urged the White
paratroopers trained for marine
House to avoid implementation of cals were of two different types,
thus knocked out the
guarantees to Israel on Aqaba
Gulf passage. They tried to deny the other in Egypt, and that both Egyptian navy which had been
to send its rockets and
to Congress that such guarantees have been positively identified by
missiles against the Israel coast.
had validity. The diplomats feared army experts here. Egypt has
all but two of
that American identification with been using poison gas on a large Egypt's submarines were crippled,
Israel would facilitate Soviet pene- scale in its undelcared war on the
royalist regime in Yeman, both while Nasser's flotilla of high-
tration of the Moslem world.
speed,missile-carrying patrol boats

Israelis Find Egyptian Gas Containers;
How Frogmen Struck Arab Boats Told

The American people, how-
ever, saw a small democracy
stand with its back to the sea.
They saw the spectacle of David
versus Goliath. Teen-agers sport-
ed black eye-patches to identify
with Gen. Moshe Dayan. Non-
Jews contributed to the United
Jewish Appeal. Israel captured
not only the Russian missiles
but also the American imagina-
tion. Congress reflected the pop-
ular attitude.
Congressmen from states with
small Jewish populations made
some of the strongest expressions
for Israel. Americans realized that
the Communist attempt to take
over the Mediterranean and the
Middle East was frustrated by the
single-handed courage of Israel.
While Israel stood alone. her sur-
vival in doubt, the administration
had proclaimed itself "neutral."
Yet this "neutrality" was not
shared by the overwhelmingly
pro-Israel American people.
A new plan of massive United
States aid to Nasser's Egypt is

against troops and the civilian pop-
The officials said that Israeli
troops also found in the Sinai two
giant Soviet-made gas trucks. fitted
with containers for two different
kinds of chemicals and linked by
pipes to two gas chambers, each
about the height of a man and
fitted with airtight doors.
The trucks were manufactured
by the USSR "State Automobile
Works" and, according to docu-
ments found with the vehicles,
were headed over to the Egyptians
on April 1, 1965. A special gas
chamber also was found on the
Egyptian air base at El Arish, in
the Sinai.


30 — Friday, June 30, 1967

was destroyed before they were
able to fire a single rocket against
The commando raids thus re-
lieved Israel's ground forces of
one of its major concerns, since
Israel's long coast and thin hinter-
land were highly vulnerable to
rocket attacks from the sea.

general question of aid for Mid-
east nations remains "under re-
view." Israel was told it can start
ordering the food, thus saving time
before the agreement is finalized.
The U.S. government began air-
lifting 5,000 family-size tents to
Arab refugees on the east bank of
the Jordan River. The first ship-
ment will be made from New York
by chartered aircraft.
The tents will accommodate four
to six persons. The U.S. Agency
for International Developments
said the tents will be financed by
a $593,000 allocation.


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Urges Protest to Kosygin
on Soviet Policy on Jews

Democratic Whip Hale Boggs,
Louisiana Democrat, said in the
House of Representatives that
Soviet Premier Alexei Kosygin
have used his visit to
The work of Israeli frogmen
commandos who attacked Egyp- America to promote peace in the
tian shipping and prevented Middle East and not to spread
. Egypt from using its ground propaganda.
Rep. Clarence Long, Maryland
rockets from naval launching
pads was revealed for the first Democrat, asked in the House that
Johnson protest to Pre-
Israeli frogmen commandos, mier Kosygin against Russia's
under the leadership of Yochai domestic and foreign anti-Jewish
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