795.00/8–2350

Memorandum by the Assistant Secretary of State for Far Eastern Affairs (Rusk) to the Secretary of State

top secret

Subject: Proposed Naval Action in the Event North Korean Submarines Attack UN Ships.

Problem:

In the event a “North Korean” submarine makes an overt attack upon a UN vessel the Navy proposes that a declaration immediately be issued by the Commanding General of the Unified Forces to the [Page 633] effect that all submarines passing through the area outlined in blue on the attached map1 would be subject to immediate attack by UN forces unless proceeding on the surface under escort.

Discussion:

At present, instructions to the UN Naval Forces provide that they may attack unidentified, submerged submarines only if they remain in position to attack a UN vessel. Recently the US Commander, Naval Forces, Far East, and the British proposed the establishment of a “belligerent area” in the waters around Korea into which “neutral” warships would be warned not to enter. Neither the Department nor the Navy Department concurred in this proposal as it was considered to be an unjustified interference with the rights of neutral vessels on the high seas and as not having any legal effect beyond the exercise of the right of self-defense already contained in the orders under which the Navy was operating.

It must be recognized that the present lines of Naval communication with Korea are very vulnerable to submarine attack and if such an attack were made by “North Korean” submarines it would be important that the UN Naval Forces be able to take prompt countermeasures and not wait until a submarine came into position to deliver an attack as required by present instructions. However, the proposed area is so broad that unless the Soviets chose to comply with the conditions established for the passage of submarines through the area they would have no means of moving submarines from such places as Dairen and Vladivostok except by keeping within Chinese or Russian territorial waters for long distances.

Therefore, it is suggested that we propose to the Navy that:

(a)
The area be reduced approximately to the limits shown in red on the attached map. This area would include only the waters immediately adjacent to Korea and the supporting supply lines for the UN Forces. It will give the USSR access to Dairen and Vladivostok without the necessity of their complying with the required procedures.
(b)
To avoid incidents involving UN Forces and to protect UN Forces, full and ample notification be made to all Governments prior to initiating attacks on submarines in the area. The proclamation of the area should be by the Commanding General of the UN Forces at least 48 hours prior to initiating attacks in the area and should be immediately communicated through the UN to all Governments. During this 48-hour period the self-defense measures now in effect would operate.

Recommendation:

It is recommended that you approve the communication to the Navy of the foregoing counter-proposal.

  1. Not printed.