INFORMATION CONCERNING THE LEGAL BASES FOR U.S. ACTION IN GRENADA AS EXTRACTED FROM ACTING SECRETARY DAM S STATEMENT BEFORE THE SENATE FOREIGN RELATIONS COMMITTEE ON OCTOBER 27, 1983

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85M00364R001502590074-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 20, 2016
• Sequence Number: 74
• Content Type: REPORT

Approved For Release 2008/01/29: CIA-RDP85M00364R001502590074-2
Information Concerning the Lecal Bases
or U.S. Action in Grenada
As Extracted from
Acting Secretary Dam's Statement Before the
Senate Foreign Relations Committee on
October 27, 1983
The collapse of governmental institutions in Grenada began
the evening of October 12 with an attempt by Deputy Prime
Minister Bernard Coard to force out Prime Minister
Maurice Bishop.
On October 19, the power struggle exploded into violence.
Troops opened fire on Bishop supporters who had freed him from
house arrest and accompanied him to Ft. Rupert, the Army
headquarters. Bishop, several cabinet ministers and union
leaders were taken away, then brutally executed. Education
Minister Jacqueline Creft was reportedly beaten to death. At
least 18 deaths were confirmed. Many more were reported,
including women and children.
"In the wake of these murders, the People's Revolutionary
Army announced the dissolution of -the government and the
formation of a 16-member Revolutionary Military Council (RNC)
of-which Army Commander General Hudson Austin was the nominal
head.
"I say nominal head, because it was never clear that Austin
or any coherent group was in fact in charge. The RMC indicated
no intention to function as a new government. RMC members
indicated only that a new government would be announced in 10
days or two weeks. It cannot be said whether or when some
governmental authority'would have been instituted. Former
Deputy Prime Minister Coard, who had resigned on October 12,
was reported under army protection, whether for his own safety
or as a kind of detention was not clear.
"Against this background., the urgent appeal from the
Organization of Eastern Caribbean States (OECS) took on
decisive weight. The OECS is a sub-regional body created in
1981 by the Treaty Establishing the Organization of Eastern
Caribbean States. Among the purposes of the Treaty are the
promotion of regional cooperation and collective security.
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"The O?CS determined that the collapse of government and
disintegration'of public order on Grenada posed a threat to the
security, and stability of the region. The OECS members decided
to take necessary measures in response to this threat, in
accordance with Article 8 of the OECS Treaty. They sought the
assistance of friendly foreign states to participate in a
collective security force. Barbados and Jamaica agreed with
the OECS assessment of the gravity of the situation, offered to
contribute forces to a collective action and joined in urging
the United States to participate in the support of this
regional measure.
The Governor General of Grenada made a confidential direct
appeal to the OECS to take action to restore order on the-
island. As the sole remaining authoritative representative of
government on Grenada, his appeal for action carried
exceptional moral and legal weight.
The deteriorating 'events in Grenada since October 12,
taken together, demonstrated the brutality of the Revolutionary
Military Council, and the ominous lack of cohesion within the
Grenadan military. The Revolutionary Military Council had
imposed a 24-hour curfew, warning that violators would be shot
on sight, and closed the airport. `U.S. citizens were not free
to leave. Although the Military Council gave assurances that
the-airport would be opened on October 24 and foreigners
allowed to depart, they then failed to fulfill that assurance.
It became clear that delay would intensify both the risk of
violence against Americans and a vacuum of authority that would
imperil Grenada's neighbors.
"Collective action in response to the dangerous situation
was consistent with the. UN and OAS Charters. Both Charters
expressly recognize the competence of regional security bodies
in ensuring peace and stability. The OECS states are not
parties to the Rio Treaty, and the OECS Treaty, which concerns
itself in part with matters of collective security, is their
regional security arrangement.
"Article 22 of the OAS Charter states that measures taken
pursuant to collective security agreements do not violate the
OAS Charter provisions prohibiting intervention and-the use of
force. Similarly, Article 52 of the UN Charter expressly
permits regional arrangements for the maintenance of peace and
security consistent with the purposes and principles of the
United Nations. The actions and objectives of the collective
security force, in the circumstances described by the President
and the Secretary of State, are consistent with those- purposes
and principles.
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"The OECS states, in taking lawful collective action, were
free to call upon other concerned states, including the United
States, for assistance in their effort to maintain the peace
and security of the Caribbean. Assistance given in response to
their request is itself lawful. Moreover, U.S. cooperation
with the collective security force permitted the safe
evacuation of endangered U.S. citizens. Such humanitarian
action is justified by well-established principles of
international law.-
"The President's orders to the U.S. military forces are to
cooperate with the OECS in entering Grenada, to facilitate the
departure of all U.S. and foreign nationals who wish to leave,
and to help Grenada's neighbors work with the people of Grenada
to.restore order. U.S. support of the OECS military action
will be for these. purposes only.
"We do not at this point know just what' steps the
provisional government will take. This is for the Grenadians
themselves to determine.
"One thing is certain: all governments participating in
this collective action will withdraw th.ir forces just as soon
as circumstances permit."
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