United Nations Security Council Resolution 242 - French Version Vs. English Version of Text

French Version Vs. English Version of Text

The French version of the clause reads:

Retrait des forces armées israéliennes des territoires occupés lors du récent conflit.

The difference between the two versions lies in the absence of a definite article ("the") in the English version, while the word "des" present in the French version in the expression "des territoires occupés" can only mean "from the occupied territories" (the "des" in front of "territoires occupés" can only be the contraction "from the" because of the use of the word "retrait" which entails an object - "des forces israéliennes" where the "des" is the contraction of "of the" (of the Israeli forces) and a location "des territoires occupés" where the "des" is the contraction of "from the" (from the occupied territories)). If the meaning of "from some occupied territories" were intended, the only way to say so in French would have been "de territoires occupés". Although some have dismissed the controversy by suggesting that the use of the word "des" in the French version is a translation error and should therefore be ignored in interpreting the document, the debate has retained its force since both versions are of equal legal force, as recognized languages of the United Nations and in international law.

Solicitor John McHugo, a partner at Trowers & Hamlins and a visiting fellow at the Scottish Centre for International Law at Edinburgh University, draws a comparison to phrases such as:

Dogs must be kept on the lead near ponds in the park.

In spite of the lack of definite articles, according to McHugo, it is clear that such an instruction cannot legitimately be taken to imply that some dogs need not be kept on the lead or that the rule applies only near some ponds. Further, McHugo points out a potential consequence of the logic employed by advocates of a "some" reading. Paragraph 2 (a) of the Resolution, which guarantees "freedom of navigation through international waterways in the area," may allow Arab states to interfere with navigation through some international waterways of their choosing.

Glenn Perry asserts that because the French version resolves ambiguities in the English text, and is more consistent with the other clauses of the treaty, it is the correct interpretation. He argues that "it is an accepted rule that the various language versions must be considered together, with the ambiguities of one version elucidated by the other". He cites Article 33 of the Vienna Convention on the Law of Treaties, which states that except when a treaty provides that one text shall prevail "the meaning which best reconciles the texts, having regard to the object and purpose of the treaty, shall be adopted". He furthermore argues that the context of the passage, in a treaty that reaffirms "'territorial integrity', 'territorial inviolability,' and 'the inadmissibility of the acquisition of territory by war' - taken together cannot be reconciled with anything less than full withdrawal". He argues that the reference to "secure and recognized borders" can be interpreted in several ways, and only one of them contradicts the principle of full withdrawal.

Shabtai Rosenne, former Permanent Representative of Israel to the United Nations Office at Geneva and member of the UN's International Law Commission, notes that:

It is a historical fact, which nobody has ever attempted to deny, that the negotiations between the members of the Security Council, and with the other interested parties, which preceded the adoption of that resolution, were conducted on the basis of English texts, ultimately consolidated in Security Council document S/8247. Many experts in the French language, including academics with no political axe to grind, have advised that the French translation is an accurate and idiomatic rendering of the original English text, and possibly even the only acceptable rendering into French. n the question of concordance, the French representative was explicit in stating that the French text was "identical" with the English text.

Only English and French were the Security Council's working languages (Arabic, Russian, Spanish and Chinese were official but not the working languages).

The Committee for Accuracy in Middle East Reporting in America argues the practice at the UN is that the binding version of any resolution is the one voted upon. In the case of 242 that version was in English, so they assert the English version the only binding one.David A. Korn asserts that this was indeed the position held by the United States and United Kingdom:

... both the British and the Americans pointed out that 242 was a British resolution; therefore, the English language text was authoritative and would prevail in any dispute over interpretation.

The French representative to the Security Council, in the debate immediately after the vote, asserted:

the French text, which is equally authentic with the English, leaves no room for any ambiguity, since it speaks of withdrawal "des territoires occupés," which indisputably corresponds to the expression "occupied territories" We were likewise gratified to hear the United Kingdom representative stress the link between this paragraph of his resolution and the principle of inadmissibility of the acquisition of territories by force...

Opponents of the "all territories" reading remind that the UN Security Council declined to adopt a draft resolution, including the definite article, far prior to the adoption of Resolution 242. They argue that, in interpreting a resolution of an international organization, one must look to the process of the negotiation and adoption of the text. This would make the text in English, the language of the discussion, take precedence.