Office of the Historian

234. Action Memorandum From the Assistant Secretary of State for Far Eastern Affairs (Bundy) to Acting Secretary of State Ball1

Washington, May 31, 1966.

SUBJECT

  • Rules of Engagement for Combat Operations Involving Laos

1. Defense has asked our concurrence in the attached draft message2 which would establish rules of engagement for US forces operating in South Viet-Nam near the Laos border, and authorize them to fire and maneuver into Laos under circumstances of defense and preservation of forces, similar to the rules in force for Cambodia.

Discussion

2. We believe that para 3 of the proposed new rules should be amended to include a provision for requesting JCS approval in advance when planning operations near the SVN-Laos border. This procedure is prescribed for operations involving Cambodia.

3. That section of the proposed new rules dealing with an emergency situation (para 5) is in harmony with the authority presently in force with respect to Cambodia except that in the case of Cambodia, US forces are specifically prohibited from attacking Cambodian villages or populated areas by air, by artillery fire or by ground forces. We believe that the authority with respect to Laos should have the same limitations.

4. Ambassador Sullivan concurs in principle with the proposed new rules. However, he is concerned with the possibility of premature press leaks of this information and has agreed to knowledge of this authority being held by General Westmoreland at MACV headquarters level only, pending a possible requirement for its wider use. COMUSMACV (and CINCPAC) stated the operational necessity of providing this information in advance to at least the subordinate major field force commanders. We are inclined to agree with COMUSMACV and the handling of this point as outlined in para 2 of the attached revised rules and we do not consider it necessary to return to Ambassador Sullivan on this point, since he is already aware of COMUSMACV views and has not dissented.

5. Pending the development of an actual requirement for use of this new authority in Laos, we would respond to press inquiries that the [Page 465] question is hypothetical or “no comment”, as appropriate. If the authority is used and press queries are made we would answer (as in the Cambodian case) by citing the inherent right of self-defense.

Recommendation3

6. That you approve the attached proposed new rules of engagement involving Laos, subject to the changes outlined in paras 2 and 3 above, and with press handling as outlined in para 5 above.

  1. Source: Department of State, Central Files, POL 27 LAOS. Top Secret; Sensitive. Drafted by Lieutenant Colonel Robert M. Cowherd of FE and cleared by Trueheart, Assistant Legal Adviser George H. Aldrich, Seymour Weiss of G/PM, and Unger.↩
  2. Attached, but not printed.↩
  3. Approved by U. Alexis Johnson. A June 2 note to S/S on the source text indicates that Johnson acted on this with Ball’s knowledge. The new rules of engagement were promulgated in JCS telegram 4007 to CINCPAC, June 9. (Johnson Library, National Security File, Country File, Vietnam, Vol. 55, Cables, 6/66)↩