Foreign Relations of the United States, 1952–1954, Korea, Volume XV, Part 1

Matthews files, lot 53 D 413: Telegram

The Chief of Staff United States Army (Collins) to the Commander in Chief Far East (Clark)

top secret
operational immediate

Washington, May 9, 1953—7:42 p.m.

DA 938571. From CSUSA for CINCUNC. JCS have directed the dispatch of the following reur CX 62296,¹ CX 62316,² and CX 62301.³

1. If modified and clarified so as to contain the following elements, we consider the Communist proposal of 7 May an acceptable basis upon which to negotiate an agreement on POWs.

a. Five-nation commission will operate on the basis of unanimity except with respect to procedural matters. On procedural matters decision would be by majority vote.

b. If the political conference is unable to reach a decision on the disposition of the prisoners within 30 days after the question has been submitted to it, prisoners shall be automatically released from custody and assume civilian status.

c. The commission to take custody of all non-repatriates at a location(s) designated by the detaining power. (For UNC purposes this should be an island location such as Cheju-do, as suggested in para 6 a (4) of CX 62301.)

d. The armed forces and any other operating personnel required to assist the commission in carrying out its functions and responsibilities shall be provided exclusively by India, whose representative shall also be chairman and executive agent of the commission. This should not preclude India from requesting any assistance it may require from the UNC.

2. With respect to the voting procedure set forth in para 1 a, the purpose is to assure that the presence of Switzerland and Sweden on the commission, together with a requirement for unanimous vote, will give maximum assurance that decisions incompatible with the principle of non-forcible repatriation are not taken by the commission. As you are well aware, this voting procedure is one that has been consistently maintained by the Soviet bloc in international organizations and therefore should be difficult for them to refuse in this case.

3. Re para 14 of CX 62301.

a. As indicated above, Poland, Czechoslovakia, India, Switzerland, and Sweden are acceptable as members of the commission under conditions set forth in this message.

b. Although the U.S. voted for the Indian Resolution, we consider that as the Communists rejected the terms of that resolution when proffered and their present proposal also varies therefrom, we are not bound by the exact terms thereof. While we are under a certain compulsion to adhere to the spirit of that resolution, we do not consider that this prevents us from seeking to obtain more advantageous terms.

c. As indicated above, point 6 of the Communist proposal is not acceptable. UNC will take the position set forth in para 1 b, above.

d. View here is that it is important that UNC not relinquish ultimate claim to and responsibility for POWs, while in custody of commission. Pending legal opinion, believe Article 12 of Geneva Convention can be used to justify this position. You will be advised ASAP re legal aspects this question. With respect to cost of transportation of those requesting repatriation, Article 116 [118] of Geneva Convention should be applied.

e. Believe that as present proposal provides custody to be taken in Korea and as India should have physical ability to provide necessary custodial personnel, not considered necessary to provide for release of Korean non-repatriates to civilian status upon armistice coming into effect. Accordingly Korean non-repatriates should be handled in same manner as Chinese non-repatriates in this regard.

4. Believe question of period within which non-repatriates are to be transferred to custody of commission primarily involves time India will require to have force in position to assume custody. Would appear here that sixty days would be realistic. Period during which North Koreans and Chinese Communists to have access to POWs should preferably be 60 days but you are authorized to agree up to 90 days. Para 5 of DA 938041⁴ is amended accordingly. This period should start from date upon which transfer of custody to the commission is completed. Upon termination of this latter period, the thirty day period for consideration by political conference of disposition remaining non-repatriates will begin. If political conference has not reached any decision by end this latter thirty day period, prisoners will be released to civilian status, the commission ceasing its functions and being dissolved.

5. Recognize that representatives on commission of four countries other than India will require some staff assistants. A limitation should be placed on the number of such staff assistants which recognizes the necessity of limiting the number of Poles and Czechs to be present in the area while at the same time permitting the Swedes and Swiss a sufficient number to permit effective observation.

6. Communist terminology of “Neutral Nations Repatriation Commission” carries a connotation of responsibility by the commission for “repatriating” all POWs, which the Communist may be expected to attempt to exploit. Also would prefer to avoid word “neutral” as applied to Poland and Czechoslovakia. Therefore, you should propose and insist on some simple designaton such as “POW Commission”.

7. Re CX 62296 terms of reference set forth therein are approved except insofar as modifications are required by the instructions contained in this message and by acceptable provisions of Communist proposal. For reasons set forth in para 3 d. above terms of reference should avoid use of term “former detaining power”.

8. At as early a date as you consider practical you should present a counter-proposal as set forth in para 15 b (2) CX 62301.

1. Not printed, but see footnote 4 p. 987.
2. Dated May 8, p. 993.
3. Dated May 8, p. 987.
4. Dated May 2, p. 962.