United Nations Security Council Resolution 39

United Nations Security Council Resolution 39, adopted on January 20, 1948, offered to assist in the peaceful resolution of the Kashmir Conflict by setting up a commission of three members; one to be chosen by the India, one to be chosen by Pakistan and the third to be chosen by the other two members of the commission. The commission was to write a joint letter advising the Security Council on what course of action would be best to help further peace in the region.

The commission was to "investigate the facts" and to "carry out directions" given by the Security Council. The investigations were to address the allegations made by India in its letter of 1 January 1948, regarding the situation in Jammu and Kashmir. Secondly they were to address, when the "Security Council so directs", other issues raised by Pakistan in its submission on the 15 January 1948. The Pakistani allegations were wide-ranging: that India was attempting to undo the partition of India, that it was carrying out a campaign of 'genocide' against Muslims in East Punjab, Delhi and other areas, that it forcefully and unlawfully occupied Junagadh, that it obtained the accession of Jammu and Kashmir by 'fraud and violence', that it threatened Pakistan with direct military attack.

The resolution was moved by Belgium, as the Chair of the Council. It was largely influenced by the special British delegation headed by Philip Noel-Baker, the British Cabinet minister for Commonwealth Relations, sent to the United Nations for handling the Kashmir dispute. The resolution passed by nine votes, with Ukraine and the Soviet Union abstaining.

The British delegation also sought to persuade India to accept an impartial administration in Kashmir under the auspices of the UN. The administration was to be headed a "neutral" Chairman and Kashmir was to be under a joint military occupation under a neutral Commander-in-Chief appointed by the UN. The United States did not support these far-reaching proposals.