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

320/11–1452: Telegram

The Secretary of State to the Department of State

secret
priority

New York, November 14, 1952—6:59 p.m.

Delga 193. Limited distribution. Verbatim text. Re Korea. Confirming telecon fol is text of draft of Menon res on Korea given to us by Menon 4 p.m., November 14:

“The GA

Having received the special report of the 13th [18th] Oct 1952 by the Unified Command under the US on the present status of the mil action and the armistice negots in Korea;

Noting with approval the considerable progress made by negotiation and tentative agreements to end the fighting in Korea and to reach a settlement of the Korean question;

Noting further that disagreement between the parties on one remaining issue alone prevents the conclusion of an armistice and that a considerable measure of agreement already exists on the principles on which this remaining issue can be resolved;

Mindful of the continuing and vast loss of life, devastation and suffering resulting from and accompanying the continuance of the fighting;

Deeply conscious of the need to bring the hostilities to a speedy end [and] of a peaceful settlement of the Korean question;

Anxious to expedite and facilitate the convening of the polit conference as provided in art 60 of the draft armistice agreement;

Affirms that the release and repatriation of POWs shall be effected in accordance with the ‘Geneva convention relative to the treatment of POWs’ of 12th Aug 1949, the well-established principles and practice of international law and the relevant provisions of the draft armistice agreement;

Affirms that force shall not be used against POWs to prevent or effect their return to their homelands, and that they shall at all times be treated humanely in accordance with the specific provisions of the Geneva convention and with the gen spirit of the convention;

Accordingly requests the President of the GA to transmit the fol proposals to the Central People’s Govt of the People’s Repub of China and to the North Korean auths as forming a just and reasonable basis for an agreement and to invite their acceptance of these proposals and to make a report to the GA during its present session and as soon as appropriate.

Proposals

1. In order to facilitate the return to their homelands of all POWs there shall be established a repatriation comm consisting of the reps of Czech, Poland, Sweden and Switzerland, that is the four states constituting the neutral nations supervisory comm referred to in para 37 of the draft armistice agreement, or constituted alternatively of reps of four states, two to be nominated by each side, but excluding any permanent member of the SC.

2. POWs shall be released to the repatriation comm from mil control and from the custody of the detaining side in agreed nbrs and at agreed exchange points in agreed demilitarized zones.

3. Classification of POWs according to nationality and domicile as proposed in the 1tr of Oct 16th¹ from Gen Kim Il Sung, Supreme Commander of the Korean People’s Army, and Gen Peng Teh Huai, Commander of the Chinese People’s Volunteers, to Gen Mark W. Clark, Commander-in-Chief, UN Command, shall then be carried out immediately.

4. After classification, POWs shall be free to return to their homelands forthwith, and their speedy return shall be facilitated by all parties concerned.

5. Each party to the conflict in accordance with arrangements prescribed for the purpose by the repatriation comm shall have freedom and facilities to explain to the POWs depending upon them their rights and to inform the POWs on any matter relating to their return to their homelands and particularly their full freedom to return.

6. Red Cross teams of both sides shall assist the repatriation comm in its work and shall have access, in accordance with the terms of the draft armistice agreement, to POWs while they are under the temporary jurisdiction of the repatriation comm.

7. POWs shall have freedom and facilities to make representations and communications to the repatriation comm and to bodies and agencies working under the repatriation comm, and to inform any or all such bodies of their desires on any matter, concerning themselves, in accordance with arrangements made for the purpose by the comm.

8. Force shall not be used against the POWs and no violence to their persons or affront to their dignity or self-respect shall be permitted in any manner or for any purpose whatsoever. This duty is enjoined on and entrusted to the repatriation comm and each of its members. POWs shall at all times be treated humanely in accordance with the specific provisions of the Geneva convention and with the gen spirit of that convention.

9. Notwithstanding the provisions of para 8 above, nothing in this repatriation agreement shall be construed as derogating from the auth of the repatriation comm (or its authorized reps) to exercise its legitimate functions and responsibilities for the control of the prisoners under its temporary jurisdiction.

10. The terms of this repatriation agreement and the arrangements arising therefrom shall be made known to all POWs.

11. The repatriation comm is entitled to call upon parties to the conflict, its own govts, or the member states of the UN for such legitimate assistance as it may require in the carrying out of its duties and tasks; and in accordance with the decisions of the comm in this respect.

12. When the two sides have made an agreement for repatriation based on these proposals, the interpretation of the agreement shall rest with the repatriation comm. In the event of disagreement in the comm, majority decision shall prevail. When no majority decision is possible, an umpire agreed upon in accordance with the succeeding para and with art 132 of the Geneva convention of 1949 shall have the deciding vote.

13. The repatriation comm shall at its first mtg and prior to an armistice proceed to agree upon and appoint an umpire. If agreement on the appointment of an umpire cannot be reached by the comm within a period of three weeks after the date of its first mtg, this matter shall be referred to the GA.

14. The repatriation comm shall also arrange for officials to function as umpires with inspecting teams or other bodies to which functions are delegated or assigned by the comm or under the provisions of the draft armistice agreement, so that the completion of the return of the POWs to their homelands shall be expedited.

15. When the repatriation agreement is acceded to by the parties concerned and when an umpire has been appointed under para 13 above, the draft armistice agreement, unless otherwise altered by agreement between the parties, shall be deemed to have been accepted by them. The provisions of the draft armistice agreement shall apply except insofar as they are modified by the repatriation agreement. The arrangements for repatriation under this agreement will begin when the armistice agreement has been concluded.

16. At the end of 90 days from the signing of the armistice agreement the disposition of any POWs whose return to their homelands has not been effected in accordance with the procedure set out above shall be referred by the repatriation comm to the polit conference to be called under art 60 of the draft armistice agreement.”

Acheson

1. The text of this letter is in the Department of State Bulletin, Nov. 10, 1952, pp. 752-754.