2323Z 10 June 1967 drafted message text from
Secretary of State to American Embassy, Tel Aviv

OUTGOING TELEGRAM   DEPARTMENT OF STATE

                    CONFIDENTIAL
                    Classification

ACTION: AmEmbassy TEL AVIV IMMEDIATE

STATE 210139

LIMDIS

Following note was handed this afternoon to Ambassador Harman
by Under Secretary Rostow: QTE The Secretary of State
presents his compliments to His Excellency the Ambassador of
Israel and has the honor to refer to the Ambassador's Note of
June 10, 1967 concerning the attack by Israeli aircraft
and torpedo boats on the United States naval vessel U.S.S.
Liberty, which was carried out at 1605 and 1625 hours local
time, respectively, on June 8, 1967 while the U.S.S. Liberty
was engaged in peaceful activities in international waters.
    At the time of the attack, the U.S.S. Liberty was flying
the American flag and its identification was clearly indicated
in large white letters and numerals on its hull. It was broad
daylight and the weather conditions were excellent. Experience
demonstrates that both the flag and the identification number
of the vessel were readily visible from the air. At 1450 hours
local time on June 8, 1967, two Israeli aircraft circled the
U.S.S. Liberty three times, with the evident purpose of identifying the
vessel. Accordingly there is every reason to believe that the U.S.S.
Liberty was identified, or at least her nationality determined, by
Israel aircraft approximately one hour before the attack. In these
circumstances, the later military attack by Israeli aircraft on the
U.S.S. Liberty is quite literally incomprehensible. As a minimum,
the attack must be condemned as an act of military recklessness reflect-
ing wanton disregard for human life.
    The subsequent attack by Israeli torpedo boats, substantially
after the vessel was or should have been identified by Israeli mili-
tary forces, manifests the same reckless disregard for human life. The
silhouette and conduct of U.S.S. Liberty readily distinguished it
from any vessel that could have been considered hostile. The
U.S.S. Liberty was peacefully engaged, posed no threat whatsoever
to the torpedo boats, and obviously carried no armament affording it a
combat capability. It could and should have been scrutinized visually
at close range before torpedoes were fired.
    While the Ambassador of Israel has informed the Secretary of
State that "the Government of Israel is prepared to make amends for
the tragic loss of life and material damage," the Secretary of State
wishes to make clear that the United States Government expects the
Government of Israel also to take disciplinary measures which
international law requires in the event of wrongful conduct by the
military personnel of a State. He wishes also to make clear that
the United States Government expects the Government of Israel to issue
instructions necessary to ensure that United States personnel and pro-
perty will not again be endangered by the wrongful action of
Israeli military personnel.
    The United States Government expects that the Government of
Israel will provide compensation in accordance with international
law to the extent that it is possible to compensate for the losses
sustained in this tragic event. The Department of State will,
in the near future, present to the Government of Israel a full
monetary statement of its claims. END QTE

                            END

RUSK

Note: message format as drafted with EDT time stamp (GMT - 4 hours)

Quoted text of message displayed as Document 256 in the Department of State Foreign Relations of the United States, Johnson Administration, 1964-1968, Volume XIX, Arab-Israeli Crisis and War, 1967. Revised note text displayed as Document 352 in the referenced volume.

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