The Secretary of State to the Department of State
New York , November 8, 1952—1:42 p.m.
Delga 149. Re Korea. Following is approximate text of list of points developed by Menon and representing GOI position, for inclusion in GA resolution for settlement PW question:
- All PW’s are to be released and repatriated in accordance with Geneva Convention, the established principles and practice of international law and the terms of the armistice agreement.
- All PW’s are to be brought to or located at agreed exchange points in demilitarized zone and released from control and custody of detaining side into that of a Repatriation Commission composed of the four neutral nations (Sweden, Switzerland, Poland and Czechoslovakia) which shall function as the protecting power in accordance with the Geneva Convention.
- A classification of all PW’s as to nationality and domicile shall be carried out by the Repatriation Commission as soon as the PW’s are released to them.
- After classification PW’s are free to return to homelands and their return shall be facilitated by all parties concerned.
- Each side shall be permitted access to the PW’s in accordance with arrangements prescribed by Repatriation Commission and be permitted to inform them of their rights.
- PW’s shall be entitled to make representations to Comm on matters pertaining to themselves and to inform Comm of their desires.
- PW’s shall be treated humanely in accordance with Art 13 of the Geneva Convention. Force shall not be used nor permitted to be used against PW’s in any circumstance. No violence to their person nor affront to their dignity shall be permitted in any manner or for any purpose, the only exception being measures necessary for the maintenance of discipline in accordance with the Geneva Convention. The Comm is entrusted with responsibility for seeing that this injunction is observed.
- The Comm shall take decisions by majority vote. Questions on which deadlock exists shall be settled by an Umpire in accordance with relevant articles of Geneva Convention. The Comm shall as its first task at its first mtg appoint the Umpire, prior to the coming into force of the armistice.
- The terms of the arrangements shall be made known to all PW’s.
- The res shall be transmitted by the Pres to the reps of both sides as the basis for negots at Panmunjom.
- The GA should appoint a comm of 3 persons (Pearson, Padilla Nervo and Entezam 1) who shall be empowered to work out, in consultation [Page 586] with the parties, the arrangements for holding the conference provided for in Art 60 of the Armistice Agreement.
- Nasrollah Entezam, Ambassador and Chairman of the Iranian Delegation at the Seventh Session of the UN General Assembly.↩