Lot 55D128: Black Book, Tab 87: Telegram
The Commander in Chief, Far East (Ridgway) to the Joint Chiefs of Staff
C–59383. For info CINCUNC Adv msg HNC 560.
“Report of sub-committee meeting on item 4, 14 December.
“1. a. Lee opened inquiring as to UNC attitude on Communist 5 Point Proposal. UNC replied as follows: The UNC has taken note of this proposal. UNC considers it to be out of order. When a suitable atmosphere has been created for the conduct of substantive discussion of item 4 of the agenda it will then be the proper time for consideration of this proposal. What are the 2 essential steps which must be taken as a preliminary to further substantive discussion of this agenda item? First, the exchange of the prisoner of war data. Second, ICRC visits to your prisoner of war camps in accordance with the terms of the Geneva Convention on the treatment of prisoners of war. Until such time as these 2 basic, simple and humane requirements have been met, we shall not have reached the point on our discussion of agenda item 4 where the introduction or substantive discussion of your proposal are appropriate. Only one thing is delaying the meeting arid that is Communists obstinate and persistent refusal to take these simple preliminary steps.
“b. Communists have indicated they have the official data concerning prisoners of war which the UNC requires before it can intelligently discuss the problems involved in item 4. However, Communists have, so far, flatly refused to furnish this data to us unless UNC blindly accepts so-called 5 principles. What is reason for refusal to furnish this data now? Is it to use our requirement for such data to attempt to coerce us into agreeing to 5 principles? Is it because the list contains just a handful of names? What is the reason?
“c. Communists were put on notice in early July that the UNC delegation considered ICRC visits basic to the discussion of the prisoner of war problem. At that time the UNC delegation proposed, as the first agenda item, that the International Committee of the Red Cross be permitted to visit all POW camps. At Communist insistence, UNC agreed to combine that item with the overall prisoner of war problem, that is agenda item 4.
“d. The Commander-in-Chief, United Nations Command, on 15 July requested Communists to invite ICRC to visit POW camps. Thus, the relevance of this topic to the overall prisoner of war problem has been evident from the start of the armistice talks. The issue [Page 1336] of ICRC visits is of long standing, is important and is germane to agenda item 4.
“e. Four days ago the UNC formally requested Communists to fulfill their moral and legal obligations under the Geneva Convention. Since that time UNC has sought unsuccessfully to get this agreement. The eyes of the whole world are on Pan Mun Jom. The relatives and loved ones of the prisoners of war await the answer to this question. Will Communists give tangible evidence that they are treating POW according to minimum standards set forth in convention by inviting ICRC to visit prison camps.
“f. The people of the world await the answer to this question. Will Communists live up to the convention they have voluntarily undertaken to observe or will they disregard this solemn undertaking?
“g. UNC awaits the answer which will clear the atmosphere and disperse the shadows of doubt and apprehension as to the well-being of the prisoners in Communist hands; doubt and apprehension engendered by Communists continued evasion. These are simple, direct questions for which simple, direct answers are sufficient.
“2. a. General Lee replied in the following vein: UNC expresses unwillingness to enter into any discussion of agenda item 4 unless we accept the so-called 2 simple humanitarianism demands. Negotiation requires a corresponding give and take. UNC cannot make these unreasonable unilateral demands. Consequently UNC stand that it cannot enter into any discussions unless its unreasonable proposals are accepted is unreasonable and in violation of the agenda spirit. To resolve our problems in accordance with the agenda item we should discuss the matter of releasing the POW after we agree upon this principle; we can proceed to further necessary measures to be resolved. Among such measures may be the problem of releasing the POW in order; namely release of the sick or seriously wounded, and such questions as to place, machinery and the exchange of lists of names. These matters should be taken up after we resolve the basic principle. Why is it that the UNC as a signatory of the Geneva Convention is not willing to adhere to Paragraph 118 of the convention which specifies that prisoners of war shall be released and repatriated without delay? How can you say that UNC has the right to refer Communists to the Geneva Convention when it does not comply with the first requirement of the Geneva Convention? UNC is legally obligated to adhere to the principles of the Geneva Convention. Communists are not signatories of the convention. Consequently they are not obligated legally to observe the Geneva Convention.
“b. However Communists respect and honor the most good spirit embodied in the convention. Those who are not a signatory of the [Page 1337] convention contend that they will release all POW after the cessation of active hostilities and show their stand to the world. What are UNC reasons to retain POW after the actual hostilities cease and armistice is signed? Is that humanitarianism? All the POW are opposed to such a humanitarian treatment and throughout the world it would be symbolic of UNC so-called humanitarianism. UNC humanitarianism can be revealed in terms of atrocities and destruction of villages and towns. Would it not be wise to economize on the use of the word humanitarianism? Are Communists to believe that UNC is not willing to carry on this armistice if we do not accept its 2 proposals which are both unreasonable? In these negotiations no one party can force the other to accept his proposals. Both parties can only employ mutual presentation of their views and convince the other party of their logic. As soon as any presentation fails logically, the party is bound to reject it. By this way the negotiations progress.
“c. During the past four days discussions the UNC has been unable to refute any part of Communist proposal. If UNC cannot refute it, it must accept it.
“3. Meeting recessed at 1305 to resume at 1500. Signed Joy.”