Evening star., 1950-08-01
Criticism Rises Here
As Ma|ik Prepares
To Take u. N. Reins
Charter Provision Coils
For Unseoting Any Porty
That Provokes Dispute
By David Laurence

going more and more criticism
here as Jacob Malik, the Soviet
Unions delegate, is permitted to
preside over the Security Council.
In some quarters, particularly in
Congress. there is a feeling that
the Soviet Union is guilty of hav-
ing precipitated the North Korean
aggression and that steps should
be taken to investigate the part
that Moscow has played in pro-
voking the present war in the Far
East. To do otherwise is to allow
party to serious dispute to
WELD the gavel and preside over
the Security Council-the main
body of the United Nations.
The charter of the United Ma
tions specifically provides that no
party to a dispute shall sit on the
Security Council. 1t is, therefore,
not lawful for the Soviet delegate
to preside. for example. either in
connection with any matters re-
lating to Communist China, whose
government is involved in the send
ing Of troops to North Korea, or in
considering the origin of the Ko-
rean war itself. The presence of
Yak fighter planes and Russian
officers in the North Korean mill
tary operation is well known. The
Soviet did not permit the U. N.
to make any inspection after the
Soviet forces were presumably
withdrawn last year from North
Korea-and has not permitted it
since.
Prima Facie Case.
The fact that a commission of
the u. N. has been forbidden entry
to inspect country now involved
in an act of aggression constitutes
a prima facie case of guilt which
warrants a trial. While such a
trial is going on, the Soviet Union
must stand aside as a compre-
hensive investigation Is under
taken. Article five of the Charter
says:
"A member Of the United Ma
tions against which preventive or
enforcement action has been taken
by the Security Council may be
suspended from the exercise of
the rights and privileges of mem
bership by the General Assembly
upon the recommendation of the
Security Council. The exercise
of these rights and privileges may
be restored by the Security Coun-
Gil"
When the o. N. Security Coun-
ell. by its resolution of June 25,
called on all member nations to
refrain from assisting the North
Koreans, 1t Is apparent that the
Soviet Union disregarded that ad-
monition. The Soviet Union has
been guilty of disregard of several
provisions of the U. N. Charter,
particularly abstention from par
ticipation for several months in
the work Of the U. N. and its I'M
portant commissions. +. ..s
S0 Article Six Cited.
Article Six Of the Charter calls
for expulsion In the following
terms:
"a member of the United Ma
tions which has persistently vio-
lated the principles contained in
the present Charter may be ex-
PEELED fro mthe Organization by
the General Assembly upon recon-
mendation of the Security Coun-
cil.''
To allow the Soviet envoy to
participate in any way in the pro-
ceedings of the Security Council
is to ignore the many violations
of the Charter by Russia that have
occurred. The remedy lies in
suspending the Soviet member
ship until the North Korean con-
troversy has been thoroughly stud
led and until the Soviets cease
their support of the North Korean
government and also withdraw
their public charge that members
of the U. N. attacked North
Korea. Unless the record Is clari-
Ned so that the U. N. knows which
countries are it's friends and
which countries are its opponents,
there can be little confidence in
the resolutions taken by the U. N.
with the Soviet delegate present.
The United States has just re-
newed its request that the U. N.
ask all member nations to refrain
from aiding North Korea. This is
q pointed reminder that, while
not saying so in so many words,
America considers the Soviet
Union guilty of aggression along
with the North Koreans.
Reproduction Rights Reserved)