693.0024/11–2351
The Acting Secretary of State to the Secretary of Defense (Lovett)
My Dear Mr. Secretary: I have received your letter of November 23, 1951 in regard to item 4 on the agenda of the current armistice negotiations, enclosing a memorandum from the Joint Chiefs of Staff to you of November 15 and a proposed message to General Ridgway on the same subject. The Department of State has given serious consideration to the questions you raised with respect to the disposition of prisoners of war who are accused of conventional war crimes and those prisoners who have been convicted or are awaiting trial for post-capture offenses.
In policy decisions concerning the general question of the exchange of prisoners the overriding consideration is the welfare and return of all prisoners of war in enemy custody. Although it is recognized that this objective may be susceptible of accomplishment only upon the basis of an agreement providing for an all-for-all exchange of prisoners, the Department urges that, within the limits of this objective, [Page 1233] efforts be made to avoid the forcible return to the Communists of persons whose lives would be endangered thereby. We are particularly conscious of our moral obligation to those who would be subject to reprisal for assistance and cooperation rendered the United Nations forces and Command.
The Department of State desires to give further consideration to all of the implications involved in returning to the Communists, in the event of an all-for-all exchange, prisoners against whom documented cases covering criminal acts committed prior to their capture have been prepared and I will shortly transmit to you the Department’s views on this subject.
With regard to the proposed message to the Commander in Chief, Far East, on prisoners of war, there is attached a revised draft incorporating Department of State suggestions.1 The change in paragraph 3h relates to the fact that in view of Communist disregard for the provisions of the Geneva Conventions, this Government has no exact knowledge of the number of prisoners of war which they hold. It is believed that prior to agreeing to an all-for-all exchange, General Ridgway should have definite assurances from the Communists that they will return all prisoners they now hold and that the number they agree to return conforms to his best estimate of prisoners of war held by the enemy.
The changes in paragraph 3 reflect the distinction which the Department believes may have to be made in dealing with the problems of the return of non-Korean civilian internees and the repatriation of Korean civilians. General Ridgway should make every possible effort to secure agreement on the release of certain specifically named civilian internees. The revised paragraph 4 contains a list, of all non-Korean civilians believed to have remained in the area of conflict after the outbreak of hostilities. It should be noted that this list includes 50 United Nations civilian internees, 4 Irish, and 1 Austrian. I will transmit additional details regarding these civilians as it becomes available.
Discussions on the larger issue of Korean civilians entail numerous political problems and should be avoided in the armistice discussions, at least for the present. The Department of State is currently considering the political aspects of the repatriation of Korean civilians including the advisability of securing a specific list of leading Republic of Korea civilians believed to be in Communist hands. Paragraph 5 has been modified accordingly.
Sincerely yours,
- The revised draft is not here printed; the significant changes proposed by the Department of State are summarized in Mr. Webb’s letter.↩