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

Matthews files, lot 53 D 413: Telegram

The Commander in Chief, United Nations Command (Clark) to the Joint Chiefs of Staff

top secret
operational immediate

Tokyo, May 11, 1953—5:40 p.m.

CX 62354. Ref DA 938571.¹ This msg in 5 parts.

Part 1.

1. I plan to present the UNC counter proposal, contained in part 3 of this msg, the Communists at the opening of the 12 May session. At this time I intend to take and maintain the initiative. On presentation of our counter proposal we will ask for continuous morning and afternoon sessions in order to reach an agreement on this agenda item as rapidly as possible.

2. Past experience has indicated that the Communists do not understand an agreement on broad principles and considerable delay is always encountered in working out the details of those broad principles. Therefore our counter proposal will be very detailed and contain the body of the terms of ref itself. This has the added advantage of forcing initial consideration of these important details in plenary sessions rather than in sub-delegations meetings which prolong the negotiating procedures.

3. Inasmuch as I do not have the auth, nor do I consider it advisable at this time, to present the counter proposal in the form of a “take it or leave it” ultimatum, I consider it more aprop to enter discussions with an initial psn which will prov some bargaining latitude. However, if strong opposition is encountered in our initial psn we do not intend to waste time in prolonged arguments but will be prep to move quickly to our final psn which is covered in part 4 of this msg.

4. The maj differences between the initial psn, part 3, and the final psn, part 4, are:

a. No ref to the political conf in the initial psn.

b. No direct access to the POWs for explanations by each side in the initial psn.

c. Pd for explanations is 60 days in the initial psn and 90 days in the final psn.

Part 2. The UNC’s counter proposal will be introduced with a statement designed to point out similarities and differences between the Communist 8-point proposal and our proposal. We will also include a statement that the UNC reserves the right to revert to our original proposal that one neutral state be agreed for the assumption of the responsibility of the disposition of the POWs not desiring repatriation.

Part 3. Counter proposal.

I. Gen.

1. Within 2 months after the armistice agreement becomes eff, both sides shall, without offering any hindrance, repatriate and hand over in groups all those PWs in its cust who insist on repatriation to the side to which they belonged at the time of capture. Repatriation shall be accomplished in accordance with the related provisions of Article III of the draft armistice agreement. In order to expedite the processing of such pers, each side will, prior to the signing of the armistice agreement, exchange the total nrs, by nationalities, of pers to be repatriated direct. Each group dlvrd to the other side will be accompanied by rosters, present nationality, to include name, rank (if any) and internment or mil serial nr.

2. In order to insure that all POWs have the opportunity to exercise their right to be repatriated folg an armistice, Sweden, Switzerland, Poland, Czechoslovakia and India shall each be rqst by both sides to appoint a member to a POW Custodial Commission which shall be established to take custody in Korea of those POWs who, while in the cust of the detaining powers, have elected not to avail themselves of their right to be repatriated. The POW Custodial Committee shall establish its Hq within the demilitarized zone in the vic of Panmunjom.

3. The armed forces and any other operating pers required to assist the Custodial Com in carrying out its functions and responsibilities shall be prov exclusively by India, whose representative shall also be chairman and exec agent of the com. Representatives from each of the other four powers shall be allowed staff assistants in equal nr not to exceed 50 each. The arms of all pers provided for in this para shall be limited to mil police type small arms.

4. No force or threat of force shall be used against the POWs specified in para 2 above to prevent or effect their repatriation and no violence to their persons or affront to their dignity or self-respect shall be permitted in any manner for any purpose whatsoever (but see para 8 below). This duty is enjoined on and entrusted to the POW Custodial Com and each of its representatives. POWs shall at all times be treated humanely in accordance with the specific prov of the Geneva Convention, and with the gen spirit of that convention. The criminal code and system of courts to which the POWs will be subject while in cust of the POW Custodial Com will be as determined by the Custodial Com.

II. Custody of POWs.

5. All POWs who do not avail themselves of the right of repatriation fol the eff date of the armistice agreement shall be released from the mil control and from the cust of the detaining side as soon as practicable and in all cases within 60 days subsequent to the eff date of the armistice agreement to the Custodial Com allocations in Korea to be designated by the detaining side.

6. The locations specified in the preceding para shall be demilitarized by the withdrawal of the mil forces of the detaining side to a distance of at least two (2) kilometers from the perimeter of the POW installation at the time the Custodial Com assumes control thereof.

7. Notwithstanding the provisions of para 6 above, the Indian representative is entitled to call upon the detaining side in the area under whose mil control POW installations are physically located, to provide such administrative and security forces as may be needed to augment the forces provided by India. Forces so provided shall be under the operational control of the senior off of the Indian Security Forces.

8. Notwithstanding the provision of para 4 above, nothing in this agreement shall be construed as derogating from the auth of the Custodial Com to exercise its legitimate functions and responsibilities for the control of the prisoners under its temporary jurisdiction.

III. Verification.

9. The Custodial Com shall be responsible for explaining to the POWs in its cust their rights and inform them on any matters relating to their return to their homelands and, particularly, their full freedom to return. To this end it shall make aval to the prisoners such explanations as may be provided for this purpose by the side to which prisoners formerly belonged, provided such explanations are not inconsistent with the ltr and spirit of para 4 above. All explanations shall be observed by a representative of each member nation of the POW Custodial Com.

10. POWs in its cust shall have freedom and fac to make representations and comm to the Custodial Com and to representatives and agencies of the Custodial Com and to inform them of their desires on any matter concerning themselves, in accordance with arrangements made for the purpose by the Custodial Com.

IV. Disposition of POWs.

11. Any POW who, while in the cust of the Custodial Com decides to avail himself of the right of repatriation, shall so certify to a body consisting of a representative of each member nation of the Custodial Com. Upon execution of such certificate he shall, while still in the cust of the Custodial Com, be dlvr forthwith to the POW exchange pnt at Panmunjom for repatriation under the procedure prescribed in the armistice agreement.

12. 60 days after transfer of cust of the POWs to the Custodial Com is completed, POWs who have not availed themselves of their right to be repatriated shall be released to civ status, and be free to proceed to an aval destination of their choice, the com ceasing its functions and being dissolved.

V. Red Cross visitation.

13. Essential Red Cross svc for POWs in cust of the Custodial Com shall be provided by India in accordance with regulations issued by the Custodial Com. (Note: Change from CX 62296² designed to elim the presence of troublesome Communist political workers in Red Cross uniforms.)

VI. Press coverage.

14. The Custodial Com shall insure freedom of the press by:

a. Providing for observance of the entire opn in South Korea by representatives of the press accredited to the UNC.

b. Providing for observance of the entire opn in North Korea by representatives of the press accredited to the KPA or the CPV.³

VII. Logistical support for POWs.

15. Each side shall provide logistical support for the POWs in the area under its mil control, dlvrg required support to the Custodial Com at an agreed dlvr pnt in the vic of each POW installation.

16. The cost of repatriating POWs from the exchange pnt at Panmunjom shall be borne by the side on which said prisoners depend in accordance with Article 116 [118] of the Geneva Convention.

17. The Custodial Com is entitled to call upon the detaining side to provide specified unarmed pers for the opn of fac or the provision of services within the POW installations within the area under its mil control.

18. The Custodial Com shall provide medical support for the POWs as may be practicable. The detaining side shall provide tactical support as practicable upon the rqst of the Custodial Com and specifically for those cases requiring extensive trmt or hospitalization. The Custodial Com shall maintain cust of POWs during such hospitalization. The detaining side shall facilitate such cust. Upon completion of trmt, POWs shall be returned to a POW installation as specified in para 5 above.

19. The Custodial Com is entitled to obtain from both sides such legitimate assistance as it may require in carrying out its duties and tasks.

VIII. Logistical support for the Custodial Com.

20. Each side shall be responsible for providing logistical support for the pers of the Custodial Com stationed in the area under its mil control and both sides shall contribute on an equal basis to such support within the demilitarized zone. The precise arrangements shall be subject to determinations between the Custodial Com and the detaining side in each case.

21. The UNC shall reimburse Sweden and Switzerland, and the KPA and CPV shall reimburse Czechoslovakia and Poland for costs incurred by them incident to their participation on the Custodial Com and each side shall reimburse India for one-half (½) the costs incurred by them incident to their participation in the Custodial Com. (Note: Change from CX 62296 designed to avoid a shakedown of the United States by Poland and Czechoslovakia and to pnt up the identification of these countries with the Communist side.)

IX. Publication.

22. The terms of this agreement shall be made known to all POWs who, while in the cust of the detaining power, have failed to avail themselves of their right of repatriation.

X. Mvmt.

23. The mvmt of the Custodial Com, its pers, and repatriated POWs will be over lines of comm as determined by the comd(s) of the opposing side and the Custodial Com. A map showing these lines of comm will be furnished the comd of the opposing side and the Custodial Com. Mvmt of such pers except in the demilitarized areas established in para 6 above around locations as designated in para 7 above will be under the control of, and escorted by, pers of the side whose area the tvl is being undertaken. (This is a new para not included in CX 62296.)

XI. Procedural matters.

24. The interpretation of this agreement shall rest with the Custodial Com. The Custodial Com, and any/or subordinate bodies to which functions are delegated or assigned by the Custodial Com, shall operate on the basis of unanimity, except with respect to procedural matters, on procedural matters decision shall be by majority vote.

25. When this agreement has been acceded to by both sides and by the five powers named herein, it shall become eff upon the date the armistice becomes eff.

Part 4.

1. Final psn is the same as init proposal except:

a. Change para 4 to: “No force or threat of force shall be used against the POWs specified in para 2 to prevent or effect their repatriation 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 (but see para 8 below). This duty is enjoined on and entrusted to the POW Custodial Com and each of its representatives. Both sides shall have representatives with aprop representatives of the POW Custodial Com to determine that any pers who rqst return to the other side have not been coerced into making this decision. 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.”

b. Change para 9 to: “Each side shall be afforded an opportunity to verify or ascertain the attitude towards repatriation of its captured pers while they are in the cust of the Custodial Com. To this end its representatives shall be afforded access to its captured pers to explain to them their rights and to inform them on any matters relating to their return to their homelands under the folg provisions:

• “(a) The nr of such verifying representatives shall not exceed 1 per 1000 POWs held in cust by the Custodial Com, but the min shall not be less than 5.
• “(b) The hours during which the verifying representatives shall have access to the prisoners shall be determined by the Custodial Com and accord generally with Article 53 of the Geneva Convention relative to the trmt of POWs.
• “(c) All verifications and interviews shall be conducted in the presence of a representative of each member nation of the Custodial Com.
• “(d) Additional provisions governing verification shall be prescribed by the Custodial Com and will be designed to employ the principles outlined in para 4 above.”

c. Change para 12 to: “90 days after the transfer of cust of POWs to the Custodial Com is completed the ques of the disposition of the POWs who have not availed themselves of their right to be repatriated shall be submitted for settlement to the political conf as provided in para 60, draft armistice agreement.”

d. Add new para 13: “If the political conf is unable to reach a decision on the disposition of the prisoners within 30 days after the ques has been submitted to it, the prisoners shall be automatically released from cust and resume civ status and be free to proceed to an aval destination of their choice, the Custodial Com ceasing its functions and being dissolved.”

e. Renumber paras 13, 14, 15, 16, 17, 18, 19, 20, 21.

f. Add new para 22. “Each of the detaining sides will be responsible for protecting the verifying representatives from the other side while in transit over lines of comm as set forth in para 26 for the POW Custodial Com within its area to a place of residence, and while in residence, in the vic of but not within each POW installation. The Custodial Com will be responsible for the scty of such representatives within the actual limits of POW installations.”

g. Add new para 23. “Each of the detaining sides will provide trans, housing, comm, and other agreed logistical support to the verifying representatives to the other side while they are in the area under its mil control. Such svcs will be provided on a reimbursable basis.”

h. Renumber subsequent paras.

Part 5.

1. The precaution covered in para 3d of ref msg, on which you indicated legal advice would fol, has not been specifically included in the counter proposal. Inasmuch as any mvmt of UNC formerly held prisoners by the Custodial Com will be over routes controlled by the UNC, the prospect of our phys loss of ultimate claim or responsibility for the POWs during the life of the Custodial Com is not considered great. Folg the dissolution of the Custodial Com those formerly UNC-held POWs who automatically revert to civ status will, of necessity, again become wards of the UNC until such time as their ultimate disposition can be effected. Therefore it is not considered nec to provide any specific provision in the terms of ref to insure the retention of this ultimate responsibility.

2. I appreciate that the POW Custodial Com will be an autonomous orgn. However you will note that there is no provision for an auth to which this com renders repts. It would be helpful if we could incorporate into the terms of ref a provision for progress repts by this com. A rqmt for periodic, perhaps semi-monthly, progress repts to either the senior mil comd of each side, the mil armistice com, or to the United Nations is considered feasible. I feel that such a rept to the senior mil comd of each side to be the most practical, but would appreciate your views on this matter.

3. You will note that I intend to present this counter proposal tomorrow, 12 May. Harrison has indic now that he cannot use another day profitably in furth questioning. However if you desire more time to examine this counter proposal I will upon receipt of instructions from you direct Harrison to continue with exploratory questions and delay the presentation until 13 May.

1. Supra.
2. Not printed, but see footnote 4 p. 987.
3. Korean People’s Army (KPA) and Chinese People’s Volunteers (CPV).