310. Telegram From the Department of State to the Embassy in Vietnam1

729. Re Embtels 684 and 720.2

1.
Concur that our present policy re Geneva Accords increasingly difficult to implement and should be further developed. Concur specifically that arrival USS Core with two helicopter companies will bring matter to a head. (Embtel 720)
2.
We fear that using rotation argument as you suggest will again involve us in numbers game which frustrating, time-consuming and fruitless in present context. It will stretch accords to point where credibility of our legal theory and our good faith in advancing it may be cast into serious doubt. It would impress no one and would not redound to our credit, to suddenly raise “ceiling” from 888 to 3500 seven years after signing of Geneva Accords.
3.
Instead, we consider SVN and we have a good, legally sound position which we can take publicly in response to questions and which would provide us with a firm political base for whatever actions we would later judge necessary including taking issue to UN. This position would be presented in first instance by GVN to ICC along following lines:

NVN is committing acts of aggression in flagrant violation of Geneva Accords, and GVN has consequently requested US for additional support in men and materiel. These measures are being taken as requirements of legitimate self-defense necessitated by North Vietnamese breaches of Accords. As soon as North Vietnamese end their aggressive acts and resume their observance of Geneva Accords, these measures of support can be terminated, GVN is asking ICC increase its frontier patrols.

4.
We would then state in response to queries that “US has acceded to GVN’s request for expanded aid in men and materiel and is determined to help SVN preserve its independence. This is sole objective of US. US will terminate these measures as soon as NVN ends its acts of aggression.”
5.
Ambassador Nolting authorized take up this matter with GVN and seek persuade it to clarify its position with ICC along these lines.
6.
Department will discuss with British, Canadians and Indians upon receipt word NoltingGVN concurs this course action.
Rusk
  1. Source: Department of State, Central Files, 751K.00/11-1261. Secret; Niact. Drafted by Chapman (TF/VN) on November 28; redrafted by U. Alexis Johnson on December 4; cleared with Cottrell, Salans, Cleveland, Anderson, and Cross (all SEA), McConaughy, Cleveland (IO), and the Secretary. Repeated to ten posts.
  2. Telegram 684 is printed as Document 268. Telegram 720 is not printed.