795B.5/8–450
The Department of State to the British Embassy
Memorandum
The Department of State refers to the memorandum of the British Embassy transmitting Mr. Bevin’s message of August 3, 1950, to Sir Oliver Franks with regard to the issuance of a general warning to warships of powers not engaged in the conflict to avoid the Korean area.1
[Page 553]On July 27, 1950, the United States Chief of Naval Operations instructed the Commander, Naval Forces, Far East, to the effect that unidentified submarines may be attacked and driven off only in self-defense or when offensive action against our forces is indicated. The instructions further stated that the continued submergence of an unidentified submarine in position to attack our forces is considered to indicate offensive action against our forces.
It is the view of the United States Government that the foregoing instructions are entirely justified by the inherent right of self-defense and sufficiently explicit to minimize the risk of sinking a Russian submarine on a peaceful mission.
It is also the view of the United States Government that the issuance of a general warning to all warships of powers not engaged in the conflict to avoid the necessarily broad area related to the operations in Korea would be an undesirable restriction on the use of the high seas by warships of those powers, and would not have any legal effect in addition to that given by the inherent right of self-defense.
- Mr. Bevin’s message, not printed, requested reconsideration on the U.S. Navy Department’s decision not to issue such a warning (795B.5/8–450).↩