611.95A241/12–654: Telegram
No. 430
The United States Representative at
the United Nations (Lodge) to the Department of
State
priority
Delga 350. Re US fliers held by Red China. Nutting (UK) and I met this a.m. to effect marriage of respective draft resolutions.1 UK reference to specific understanding in MAC of 31 August 1953 was deleted at our request in view of more effective use which can be made of this point during debate, and for reason we do not wish imply in any way that 11 airmen are guilty of any pre- or post-capture offense. Reference to detention “by either side” was also deleted at our suggestion. Original UK idea of declaring detention and imprisonment as contrary to international law (as well as to terms Korean armistice agreement) was opposed by Eden, and likewise dropped.
UNSYG was substituted for GA President, as the one requested to seek release, at our suggestion, because (a) office of SYG has more impersonal character, (b) SYG has continuing authority not restricted to GA session, and (c) more flexibility is gained in deciding [Page 995] what next steps are to be if in fact we should prefer have special GA session or go to SC or anything else.
UK did not like idea of deadline which gave appearance of ultimatum. For that reason language was drafted which leaves open possibility of further negotiations while at same time asking for report on progress within specific time. Text as finally agreed (see Delga 346)2 shown to SYG Hammarskjold, who readily accepted idea of his office undertaking to seek release of PW’s he interpreted wording last two paragraphs as giving him sufficient authority to do whatever in his judgment seems best way of obtaining results.
Meeting of 16 convened at 2 p.m., before which time all dels had been given copy draft resolution approved by US and UK. Both Philippines and French circulated to 16 before this meeting suggested redrafts of parts of resolution. Before detailed discussion I made suggestion that all dels who had any information on their nationals still detained by Red China should come forth with it during debates. I read out figures available to US Govt re UNC personnel from other countries still unaccounted for.
Nutting presented US-UK draft to 16, arguing in particular for “declares” and “condemns” paragraphs as perfectly justified. In this connection he referred to statement made by Eden today in Parliament which was quite strong in tone and commended text as being in line with Eden’s views. Nutting also gave reasons why Philippine suggestions were not desirable. Philippine draft would have based UN action not only on breach of armistice but on violation basic UN principles human rights and fundamental freedoms. Nutting said this would get away from clear-cut issue of armistice breach, which was only substantive undertaking of ChiComs.
Hoppenot (France) had instructions on two points: FonOff wanted (a) to see reference to Geneva Conventions 1949 in “declares” paragraph, and (b) to insert language in last paragraph giving SYG complete discretion in his operation. Although many felt it was unnecessary language, US and UK accepted it so that words “by the means most appropriate in his judgment” were inserted after “to make” in final paragraph. This was only change from text Delga 346.
Both Von Balluseck (Netherlands)3 and Spender (Australia) asked why date of 31 December 1954 was set, and would happen if ChiComs delayed answering, or reacting to, SYG overtures beyond this date. After it was made clear that 31 December was not cut-off [Page 996] date for SYG activities, and that no one could now say what next steps might be, both acquiesced. Johnson (Canada) said he had to make clear that by going along with this resolution his government was not making commitment re future action.
Greece, New Zealand, South Africa, Netherlands, Thailand, and Turkey at once said they would go along with resolution. When I asked if there was need for further meeting before all would agree to filing resolution with 16 listed as co-sponsors, no objections were raised. Decision was reached that after item inscribed today, and if nothing further heard by 6 p.m. today, US would put resolution in tomorrow at opening of business. I plan to hand text to SYG at 10:30 Tuesday 7 December.4
- The text of the British draft resolution was sent to the Department in Delga 340 from New York, Dec. 5; the operative paragraph requested the President of the General Assembly to seek to secure the release of the 11 airmen. (611.95A241/12–554) The U.S. draft has not been found in Department of State files.↩
- Supra.↩
- D.J. von Balluseck, Netherlands Representative at the Ninth Session of the General Assembly.↩
- For text of the resolution, sponsored by the 16 powers and submitted on Dec. 7, see UN document A/L.182 or Department of State Bulletin, Dec. 20, 1954, p. 932.↩