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

320/11–2452

Memorandum by the Acting Secretary of State to the President

confidential

Washington, November 24, 1952.

Yesterday, November 23, the Indian Delegation introduced revisions to paragraphs 14 and 17 of the Indian resolution on Korea (see attached telegram 246 from New York, Tab A). Paragraph 14 goes a considerable way to meet the U.S. point of view, in that it provides that the umpire shall be the chairman of the repatriation commission. It does not yet specifically provide that if the repatriation commission is unable to reach agreement on the umpire he will definitely be appointed by the General Assembly, only providing that the matter will be referred to the General Assembly. However, the Indian revision clearly provides that the umpire must be appointed in some manner prior to the armistice going into effect.

The revision of paragraph 17 still provides for referral of the question of prisoners of war not returned to the political conference following the armistice, and if the political conference is unable to reach any agreement, does not make any definite provision of release of such prisoners of war but only for transfer to the “UN” of “responsibility for their care and maintenance until the end of their detention”.

Another meeting¹ of the 21 sponsors of the original resolution was held last night in New York at which Secretary Acheson was present, and at which the revised Indian draft was discussed. The results of the meeting were inconclusive, there still being strong sentiment in favor of the Indian draft. It is the view of the Delegation that we should concentrate our efforts on obtaining further revision of the most objectionable portion of the Indian draft, that is, paragraph 17 regarding the disposition of prisoners not repatriated. The Delegation considers that this can best be accomplished by agreeing to the referral to the political conference of the question of unrepatriated prisoners of war but with a definite provision that if the political conference has not reached any agreement on this subject within a period of 30 days, the non-repatriated prisoners shall be released to UNKRA or some other UN body for settlement. A draft of the proposed U.S. revisions to the Indian draft along these lines is attached (Tab B).

The Delegation will continue to make efforts to amend paragraph 14 so as definitely to provide that the General Assembly will appoint the umpire in the event agreement thereon is not reached by the other four members of the repatriation commission. However, it would be prepared, if necessary, to accept the present Indian draft.

The Delegation will make strong efforts to amend paragraph 5 of the Indian proposals so as to make it clear that the classification of prisoners “according to nationality and domicile” will be carried out by the repatriation commission.

Secretary Acheson has requested that you be informed of the situation and that your approval be obtained for the U.S. redraft of paragraph 17 as attached, as well as for the general lines of action to be taken by the Delegation.

This matter has been discussed with General Bradley and the Secretary of Defense, who have indicated their general concurrence therewith.

Recommendation:

It is recommended that you approve the U.S. redraft of paragraph 17 as attached and the general lines of action indicated above to be taken by the U.S. Delegation with regard to the Indian resolution.²

David Bruce

[Tab A]

The Secretary of State to the Department of State³

priority

New York, November 24, 1952—2:04 a.m.

Delga 246. Fol are texts paras 14 and 17 of revised Indian resolution on Korea. Changes other paras revised resolution are drafting changes only.

• “14. The Repatriation Commission shall at its first meeting and prior to an armistice proceed to agree upon and appoint the umpire who shall at all times be available to the Commission and shall act as its chairman unless otherwise agreed. If agreement on the appointment of the umpire cannot be reached by the Commission within the period of three weeks after the date of the first meeting this matter should be referred to the GA.
• 17. At the end of ninety days, after the armistice agreement has been signed, the disposition of any prisoners-of-war whose return to their homelands may not have been effected in accordance with the procedure set out in these proposals or as otherwise agreed, shall be referred with recommendations for their disposition, including a target date for the termination of their detention to the political conference to be called as provided under Article 60 of the draft armistice agreement. If, at the end of a further sixty days, there are any prisoners-of-war whose return to their homelands has not been effected or provided for by the political conference the responsibility for their care and maintenance until the end of their detention shall be transferred to the UN”.

Acheson

[Tab B]

Proposed United States Redraft of Paragraph 17 of Indian Resolution on Korea⁴

confidential

Washington, November 24, 1952.

At the end of 90 days after the armistice agreement has been signed, the disposition, consistent with paragraph 3 of this resolution, of any PWs, whose return to their homelands may not have been effected in accordance with the procedures set out in these proposals or as otherwise agreed, shall be referred with recommendation to the political conference to be called as provided under Article 60 of the draft armistice agreement. If, at the end of a further 30 days, there are any prisoners of war whose disposition has not been provided for by the political conference, they shall be released to UNKRA (unless prior to such date another UN agency shall have been designated for this purpose) which shall have the responsibility for their care and settlement on a humanitarian basis.

1. Reported on in Delga 245, supra.
2. At the bottom of the source text were the initials HST in Truman’s handwriting indicating his approval.
3. This telegram was not found attached to the source text of the memorandum by Bruce to Truman, Nov. 24; it is a copy from file 320/11–2452.
4. A marginal notation at the bottom of the source text read: “OK, HST” in Truman’s handwriting.