Lot 55D128: Black Book, Tab 91: Telegram
The Commander in Chief, Far East (Ridgway) to the Joint Chiefs of Staff
C–59463. HNC–567. For info CINCUNC Adv HNC 567.
“Report of Sub-Committee on agenda Item nbr 4, Dec 15. Convened 1100.
“Part I. a. UNC opened as follows:
“Two things occurred yesterday of far reaching significance. Their impact on the world would be so detrimental to the other side that they may wish to reconsider. Yesterday was a dark day in the progress of the negotiations, and in an even larger sense. The sanctity of the pledged word reached a new low and the humanitarian aspirations of the people of the world with respect to the well being of prisoners of war were dashed.
“b. On that day General Lee, by his interpretation of Foreign Ministers Pak’s notification of adherence to the Geneva Convention, denounced the convention. On that day General Lee formally refused to permit the International Committee of the Red Cross to perform its internationally recognized and traditional humanitarian services for the prisoners.
“c. The fact is that the persons entrusted with the administration of POWs have failed to comply with a pledge of adherence to the principles of an international convention given by NK Foreign Minister. [Page 1343] By means of his interpretation General Lee attempts to nullify retroactively that pledge given 17 months ago. By means of his wholly unjustifiable interpretation General Lee, in effect, denounces his country’s adherence to the Geneva Convention. This is a grim responsibility.
“d. Communists stated yesterday that visits of POW camps by ICRC was out of the question because it is not specified and stipulated in agenda Item nbr 4. This article specifies only the broad subj of ‘arrangements relating to prisoners of war.’ Under this Communists have already proposed 5 articles, none of which were stipulated in agenda Item. UNC does not question these articles nor will it seek to exclude them from discussion on such flimsy grounds.
“e. For its part, the UNC regards the services of ICRC, as specified in the Geneva Convention, an essential element of the arrangements relating to prisoners of war. On what logical basis can Communists oppose this?
“f. Communists have in connection with agenda Item nbr 3 proposed observation by neutrals. For many years ICRC has been accorded by International Convention a special status as a neutral benevolent society. It is the preeminent neutral. Now, Communists under Item nbr 4 discussions, refuse to permit ICRC entry to prison camps.
“g. Under 1 item of the agenda Communists propose entry of neutral observers, under another they oppose entry of neutral of unchallengeable integrity. This is the height of inconsistency.
“h. If it is true that Communists treat POWs more humanely than required under the Geneva Convention should they not, as does the UNC, welcome visits by ICRC? This would help you to convince US and world of compliance. On the other hand, continued refusal only feeds the suspicion that Communists assertions are not entirely factual.
“Part II. a. Gen Lee replied in general as follows:
“I have carefully noted your lengthy statement of today. The peoples of the world are well aware as to which issue is more important. Because Communists respect the basic principles of the Geneva convention, they treat POWs in the best traditional humanitarianism.
“b. Moreover, they hold that POWs in custody be released after the cessation of hostilities, that is, when the armistice is signed.
“c. To resolve issues involved in the agenda item Communists would like to take up first of all the question of immediate release of the prisoners of war. On this question they would like to hear comment.
“Part III. a. UNC replied: UNC regards its 2 preliminary steps as matters of such importance that it cannot go on without them.
[Page 1344]“b. Communists have detailed data on POW held by UNC. This data was available during consideration of the whole broad problem. Communists may not realize the difficulties of attempting to come to decisions without that data. UNC thinks they do realize it all too well. They are attempting to put UNC in a position of negotiation in the dark. UNC has only 2 lists from you totalling 110 names in contrast to full data held by Commies. Therefore, UNC insists on exchange of POW data now.
“c. There is no valid argument to refuse to furnish data on POW. The time has come for Communists to recede from their position and provide the data now.
“d. UNC proposes a recess until 3 o’clock this afternoon. It hopes that the other side will be prepared after the recess to agree to exchange this prisoner of war data.
“4. Recessed 1312 to resume at 1500. Signed Joy.”1
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The afternoon session was summarized briefly in telegram C–59465, December 15, from General Ridgway to the Joint Chiefs of Staff: “Further to HNC 567. Reconvened 1500.
“1. UNC continued to press for entry of ICRC delegates and exchange of POW data, particularly the latter. Communists continued to press for discussion of their 5 point proposal. No significant developments. Recessed at 1700 to reconvene at 1100 tomorrow.
“2. Program for 16 Dec is identical with today’s except will stress POW data only and not bring up ICRC. Signed Joy.” (Black Book, Tab 92)
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