Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-02-24


Mr.. Tucker is lawyer in Government ser-
ice who speeioIizes in public low
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government under Mr.. Macy. in SO
far as they amounted TO call upon
the U N. to handle a dispute
threatening the peace. were repudi-
ated. A case could be made. then,
that the U. N. resolution OF No
vember was not connected with any
existing dispute between the gov
ernments of Hungary and the So
Wet Union.
Delegation Remoins
Certainly. from that point on, no
representative in the U. n. of the
existing Hungarian government was
pressing any complaint of dis
pute with the SovietS over Russian
forces in Hungary. A challenge
was made TO the credentials of
representatives Russian backed dis
patched by the Kadar Hungarian
government to the current General
Assembly meeting, and this has not
yet been settled by the U. N. But
the permanent Hungarian delega-
ton TO the u N. has continued on
as the representative of a legally
recognized government.
In resolutions subsequent to that
Of November 4. the General Assem-
bly, repeated the call for withdrawal
Of Soviet troops and ending of in
tervention. despite the fact that
technically Soviet troops are in
Hungary with the consent of the
existing government. The absence
of dispute between the two coun-
tries, legally speaking, is perhaps
best seen by the General Assembly
resolutions and the Secretary Gen.
erals activities trying to get U. N.
observers and relief supplies into
Hungary. These lump the Soviet
Union and Hungary together as the
Joint parties that the United Ma
tons is trying to persuade.
The interest that the U. N. reso-
lutionS on Hungary really seem to
be trying to protect is that of the
people Of Hungary rather than
their government. They speak of
rights and freedom, condemn op-
preston and slaughter and call
attention to emergency and welfare
needs.
But are these not internal mat
ters of relationship between the
people and their government, in
Guiding the aspect of their govern
ment's consent to the presence OF
Soviet troops and their police
action?
To the extent the u. N. resolu-
tons and actions try to promote
respect for the rights of the Hum
garian people, and respond to their
welfare needs. they are based on
the General Assembly's duty to
promote International cooperation
and progress in political, economic
and social areas But by the same
token, they would not be based on
the Security Councils function to
put down threats to peace and
breaches Of the peace.
Koshmir Factors
A bitter dispute is raging be-
tween India and Pakistan over
Kashmir There is no question of
the existence OF an international
conflict posing a threat TO peace,
and thus subject TO Security Coun-
Gil action 1t is not SO clear. how
ever. that India is violating the
Security Council resolution of jan
uary "a on Kashmir.
This resolution reminds India
and Pakistan of the principle en-
bodied in prior resolutions that the
final disposition of the disputed
area is to be made by a plebiscite
under u. N supervision. And it de-
clares that any action taken BY
the Constituent Assembly in India
held Kashmir TO determine the
afiiliation Of this area would not
constitute a disposition Of the area
in accordance with the principle OF
plebiscite.
India is charged with violating
this resolution because 1t allowed
Kashmir TO formally become part
OF India as of January 20, in &C.
uor1ance with the action taken by
the Constituent Assembly.
The resolution. however, did not
call on India TO refrain from taking
this purely formal act. The resolu-
ton when adopted. was described