695A.0024/1–1953
The Secretary of Defense (Lovett) to the Secretary of State
top secret
[Washington,] 19 January 1953.
Dear Mr. Secretary: There is attached a
memorandum dated 9 January 1953 from the Joint Chiefs of Staff relative
to the trial of Communist prisoners of war in Korea who are charged with
having committed post-capture offenses.
The Commander-in-Chief, United Nations Command, has recommended that he
be given authority to try prisoners of war who have committed offenses
while in the custody of the United Nations Command in Korea. It is
CINCUNC’s view that he must have
such authority to enable him to maintain necessary discipline and
control of prisoners of war in Korea, and in order to deal more
effectively with incidents of violence in the prisoner of war camps.
In their memorandum the Joint Chiefs of Staff point out that the present
situation with respect to prisoners of war in Korea necessitates a
complete review of the problem in its broadest aspects. With the
continuing stalemate in Korea and the probability that the prisoners
being held by the United Nations Command might remain in custody for an
indefinite period, a U.S. Government position on the handling of the
prisoner of war problem should be determined. I agree with the views
[Page 725]
of the Joint Chiefs of Staff
in this matter and recommend that a committee, consisting of
representatives of the Departments of State and Defense, be established
to develop a U.S. Government position covering the prisoner of war
problem. If you concur in the establishment of such a committee, Mr.
Frank C. Nash, Assistant to
the Secretary for International Security Affairs, will represent the
Department of Defense on the committee.
Sincerely yours,
[Attachment]
Memorandum by the Joint
Chiefs of Staff to the Secretary of Defense
(Lovett)
top secret
Washington, 9 January 1953.
Subject:
- Trial of Prisoners of War for Post-Capture Offenses
- 1.
- The Commander in Chief, United Nations Command (CINCUNC), has urgently
recommended that early favorable consideration be given to his
request for authority to establish a United Nations Military
Commission for the purpose of trying prisoners of war charged
with having committed post-capture offenses (see Appendices “A”
and “B”).1 This
recommendation is a reiteration of earlier requests for this
authority (see Appendices “C” and “D”).2 At the time of
these earlier requests, it was not considered propitious to
initiate such trials. Accordingly, the authority requested by
CINCUNC was
withheld.
- 2.
- It now appears that the measures taken to regain control
following the Koje-Do incident of last May are proving
inadequate on a long-term basis. As you know, there continue to
be numerous incidents of violence in the camps. A major incident
such as that which occurred on Pongam-Do on 14 December 1952
only serves to emphasize the magnitude of the problem
confronting the United Nations Command. Under such conditions it
is important that CINCUNC be
granted such authority as will enable him to maintain the
necessary discipline and control of the prisoners. CINCUNC’s request for authority
to establish a United Nations Military Commission is one
additional measure that might be undertaken.
- 3.
- Although the Joint Chiefs of Staff do not wish to prejudice
favorable consideration of CINCUNC’s request, they are of the opinion that the
present situation dictates a complete review of the prisoner of
war
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problem in its
broadest aspects. Armistice negotiations have been at a
standstill since 8 October 1952, with no indications that the
Communists will agree to the United Nations Command position on
prisoner exchange. Therefore it appears probable that thousands
of Communist prisoners of war will remain in United Nations
custody for an indefinite period. Also it appears certain that
the Communists will continue their efforts to exploit to their
advantage the present situation with respect to prisoners of
war. Under such circumstances the mere initiation of trials of
prisoners may not be sufficient as a long-term means of handling
the prisoner of war problem.
- 4.
- The Joint Chiefs of Staff consider that the specific question
of prisoner of war trials as well as the broader question of
reviewing the entire prisoner of war problem involve legal and
political implications beyond their purview. They believe that
these are questions of sufficient importance to United States
policy to warrant earliest study at the highest levels of
government. Accordingly, the Joint Chiefs of Staff recommend
that the President be asked to appoint a high-level committee
composed of representatives of the Departments of State and
Defense, and such other agencies as may be appropriate, to study
this problem in its broadest aspects and to make appropriate
recommendations thereon to the President through the National
Security Council.
For the Joint Chiefs of Staff:
Hoyt S.
Vandenberg
Chief
of Staff, United States Air Force
