Matthews files, lot 53 D 413: Telegram

The Commander in Chief, United Nations Command (Clark) to the Department of the Army

secret
priority

CX 61281. Re JCS 931724.1

1.

In accordance with instructions contained in ref message, I propose to transmit following letter to Communist Commanders through Liaison Officers at Panmunjom at 221100I Feb:

“To: Kim Il Sung, Supreme Commander of the Korean People’s Army, Peng Teh-Huai, Commander of the Chinese People’s Volunteers.

The Executive Committee of The League of Red Cross Societies, in a resolution adopted in Geneva, Switzerland, on 13 Dec 1952, called on both sides in the Korean conflict as a gesture of good will to take immediate action in implementing the humanitarian provisions of the [Page 789] Geneva Convention by repatriating sick and wounded prisoners of war in accordance with appropriate articles of the Geneva Convention.

As has been repeatedly stated to you in the course of negotiations at Panmunjom, the United Nations Command has from the very beginning adhered scrupulously to the humanitarian provisions of the Geneva Convention and in particular has been prepared to carry out the provisions of the Geneva Convention in regard to the sick and wounded prisoners in its custody. The United Nations Command remains ready immediately to repatriate those seriously sick and seriously wounded captured personnel who are fit to travel in accordance with provisions of Article 109 of the Geneva Convention.

I wish to be informed whether you are prepared for your part to proceed immediately with the repatriation of seriously sick and wounded captured personnel of the United Nations Command who are in your hands. The United Nations Command Liaison Officers will be prepared to meet your Liaison Officers to make necessary arrangements for impartial verification of the condition and for the mutual exchange of such seriously sick and wounded in accordance with the provisions of Article 109 of the Geneva Convention.

Mark W. Clark

General, United States Army

Commander in Chief, United Nations Command”

While I have serious doubt that the Communists would agree to any such proposal, there are certain factors which I believe must be emphasized:

a.
In order to provide for “impartial verification of the condition… of seriously sick and seriously wounded …”, considered here that ICRC delegates to conduct impartial investigation on both sides would offer us best psychological advantages. However, because of Communist attitude toward this organization, they might insist on military observers of both sides or on representatives of the neutral nations previously agreed upon in Armistice Negotiations. While we probably would have to accept either of the last 2 named, any Communist representation could be expected to provide material for extensive propaganda attacks.
b.
The Communists might use this as an excuse to demand convening plenary sessions on the basis that it represents a change to the existing Draft Armistice Agreement, Article 53 which provides in part that “seriously sick and seriously injured prisoners of war shall be repatriated with priority.” Should such proposal be made, I intend to refuse it without reservation on the grounds that this offer to exchange the sick and wounded captured personnel is a humane one which does not affect the military capacity of either side, cannot be considered a part of armistice negotiation, and is one for which logistic arrangements can be adequately made through Liaison Officers.
c.
Should such proposal be accepted, I believe it advisable to demand that point of exchange be Panmunjom in order to take advantage of neutral areas already agreed upon.
d.
While I am not prepared at this time to estimate the exact time such an exchange would require, we would obviously have to set a [Page 790] definite termination date to prevent Communists from using usual delaying tactics.

3.
You will note the text of my letter in Para 1 above uses phrase “captured personnel”. Also text has been revised to indicate our observance of convention from beginning for all captured personnel, not just the sick and wounded
4.
You will be notified by Operational Immediate radio direct from CINCUNC (Adv) with info to this headquarters, immediately after communication is handed to Communist Liaison Officers. With receipt of such notification here, I intend to release text to press and presume you will do likewise in Washington.
  1. Dated Feb. 18, p. 785.