Foreign Relations of the United States, 1952–1954, Korea, Volume XV, Part 1

FE files, lot 55 D 128: Telegram

The Commander in Chief, Far East (Clark) to the Joint Chiefs of Staff

operational immediate

Tokyo, October 8, 1952—4:48 p.m.

Z 24663. For info, CINCUNC (Adv) msg HNU 11–345.

1. Delegations reconvened at 1100 hrs this date. Substance of record follows.

2. Communists:

“I have a statement to make. After giving a careful study to the three (3) proposals for the repatriation of war prisoners put forth by your side on September the 28th, our side considers that in substance they are still run through by your unreasonable demand of forcible retention of war prisoners and are absolutely not proposals for the total repatriation of war prisoners in conformity with principles of the Geneva Convention and the paragraphs of the Armistice Agreement which we have already agreed upon through negotiation. Therefore, they are unacceptable. The purpose of your proposals is to disguise the substance of your insistence on the so-called voluntary repatriation by means of certain slight changes in form so as to deceive the people of the world who eagerly await an armistice in Korea, and thereby to shirk your responsibility for delaying the negotiations. But, your attempts are futile because of [in?] each of your proposals your side refers to the so-called war prisoners objecting to repatriation. That is, the war prisoners whom your side would forcibly retain through the activities and control of the Syngman Rhee and Chiang Kai-shek special agents. Such action of forcibly retaining war prisoners is in flagrant violation of the stipulation of the Geneva Convention and is firmly opposed by just people throughout the world. Furthermore, this unreasonable demand is exactly the only issue which prevents the ultimate achievement of the Korean armistice; if your side does not abandon this unreasonable demand, your side will never be able to escape the responsibility of delaying the negotiations. In order to receive (deceive) the people of the world your side put forth a proposal which in substance contains no change at all as (in) the retention of war prisoners. But on the other hand, your side has in disregard of our grave warnings, unilaterally disposed of our captured personnel in your custody for whom your side should be held absolutely responsible to our side. Such illegal action by your side indicates that even you yourselves are not prepared to settle the question of repatriation of war prisoners in accordance with your proposal. However, with regard to the change in form as suggested in your proposal we are willing to give them serious consideration on the basis of the principle of total repatriation of war prisoners on both sides. We consider that when the Armistice Agreement becomes effective, all of the war prisoners of each side may be sent to the agreed exchange points in the demilitarized zone to be delivered to and received by the other side. Thereafter through visits by the joint team of the Red Cross Societies [of] both sides the war prisoners will be insured to return home to lead a peaceful life and not to participate again in active hostilities in Korea. Classification of the war prisoners will be carried out thereafter in accordance with our July the 18th principle of reclassification according to nationality and area. The captured personnel of the Chinese People’s Volunteers and the United Nations Forces must all be repatriated home. Of the captured personnel of the Korea People’s Army, those whose homes are in North Korea must all be repatriated home while those whose homes are in South Korea may return to South Korea. Of the captured personnel of the South Korean Army, those whose homes are in South Korea must all be repatriated home, while the others whose homes are in North Korea may return to North Korea. These tasks of visits, classification, and repatriation can be accomplished under the observance of inspection teams of neutral nations. The above-mentioned proposal of ours is in accordance with the Geneva Convention and the provisions of the Armistice Agreement. Moreover it has adopted your views regarding the delivery of all war prisoners to the demilitarized zone to be exchanged. It is indeed the most reasonable solution of the question of repatriation of war prisoners which is the only question yet to be settled in the Korean Armistice Agreement. Your side should agree without delay to this proposal so as to satisfy the peaceful wishes of the world people including the American people, for a speedy termination of the Korea war.”

3. UNC:

“We have listened carefully to your statement. It is our understanding that you have clearly and definitely rejected all of our proposals. It is also our understanding that you still insist on your proposal of. 18 July which would require our side to repatriate all of the Chinese and North Korean prisoners of war in our custody regardless of the fact that we would have to force them at bayonet point. Is our understanding correct?”

4. Communists:

“Your 28 September proposals do not present any new content for the solution of the question of repatriation or retention of war prisoners. They are devoid of any reason and constitute no new approach to a genuine solution of the question of repatriation of war prisoners. As a matter of fact, proposals similar to these had been submitted by your side as early as in February of this year and had [been] rejected by our side promptly. Therefore, your 28 September proposals are merely a new display of the old stuff which has been rejected long ago. To repatriate all prisoners of war after the cessation of hostilities is a stipulation in the Geneva Convention and is also an explict stipulation in the draft armistice agreement agreed upon by both sides. What is worth pointing out in particular is the fact that in the agreed paragraph 51 of the draft armistice agreement, the definition of repatriation submitted by you yourselves also explicitly stipulates that repatriation is the act of delivery of a prisoner of war from one side to the other side. The obligation to repatriate all prisoners of war as stipulated in the Geneva Convention and the agreement reached by both sides must be fulfilled. Every pretext or trick on your part in an attempt to evade or reject this obligation is untenable and will be futile. The proposal submitted by our side today is in accord with the provisions pertaining to the repatriation of war prisoners of the Geneva Convention and the draft armistice agreement. It has, moreover, adopted your views regarding the delivery of all war prisoners to the demilitarized zone to be exchanged. It provides a fair and reasonable, practical, and concrete method of fulfilling by both sides of the obligation stipulated in the above mentioned convention and stipulations. In accordance with the method the question of repatriation of war prisoners can be settled immediately, and an armistice can be realized immediately, and the thousands of war prisoners of both sides will soon be able to return home and join their families. Therefore, I again urge that your side give careful consideration to our proposal of today.”

[Here follows Harrison’s reading of the approved statement sent by the JCS in telegram JCS 920224, October 4, 1952, not printed (FE files, lot 55 D 128). At the end of his statement, Harrison and the rest of the UNC Delegation left the site and the military armistice talks at Panmunjom were in recess, although the liaison officers remained in contact.]