795B.5/7–1350
The Department of State to the British Embassy
Memorandum
The British Embassy’s memorandum of July 13, 19501 set forth certain tentative views of the Foreign Office with respect to legal [Page 517] problems arising out of the Korean hostilities and requesting the comments of the Department thereon.
The Department has not so far found it necessary to make any overall determination as to the legal nature of the Korean conflict, i.e. whether it is a civil war or an international war. It has certainly been the intention of the United Nations and of the United States that all of Korea should constitute one state with one government and no change in this as an ultimate aim has been made nor has the United States ever admitted the division of Korea into two independent states. Nevertheless, it is difficult to fit the Korean conflict into traditional concepts of either civil or international war and the Department feels that it is unnecessary for present purposes to do so.
Whatever the nature of the Korean conflict the United States is in agreement with the Foreign Office that the international police action taken by the United States and other members of the United Nations under its authority entitle[s] them to the exercise of all of the rights to which a normal belligerent is entitled under international law.
The United States is also in agreement with the Foreign Office that so long as the armed forces of Northern Korea observe the laws and customs of war they are entitled to the humane practices provided by international law for combatants, but that Northern Korea cannot be recognized as a lawful belligerent and hence is not entitled to the rights accorded to belligerents under international law, for instance, the belligerent right to interfere with neutral commerce. As the Foreign office is aware, General MacArthur has publicly proclaimed the intention to treat captured North Koreans in accordance with international practice in cases of armed conflict.
While the Department appreciates the informal suggestion regarding the declaration of a blockade by the Commanding General of the forces operating pursuant to the Security Council resolutions, it had reached the conclusion prior to the receipt of the Embassy’s memorandum that such an action was neither necessary nor desirable. The blockade announced by the President and put into effect by General MacArthur pursuant to Security Council resolutions of June 25 and June 27 rests on the authority of those resolutions and subsequent measures taken by the Commanding General to maintain the blockade will no doubt be supported by all of the forces under his command. The blockade having been legally proclaimed by the Commander-in-Chief of the only forces in the field at the time, no need is seen for a further proclamation because of the augmentation of those forces with those of other members of the United Nations or the designation of [Page 518] the General in command of those forces as the Commanding General of the augmented forces.
The above are the purely informal and tentative views of the Department on the matters covered.