795.00/7–953
Republic of Korea Draft of Mutual Defense Treaty Between the United States and the Republic of Korea1
priority
The ROK and USA, the parties to this Treaty, reaffirming their faith in purposes and principles of Charter of UN and their desire to live in peace with all peoples and all governments, desiring to strengthen fabric of peace in Pacific area,
Remembering with deep satisfaction that earliest formal relations between our two nations commenced with Amity Treaty of 1882,
Recalling with mutual pride the close relationship which brought two nations together in a common bond of sympathy and mutual ideals to fight side by side against Communist aggression in Korea,
Desiring to declare publicly and formally their sense of unity and their common determination again to defend themselves against external armed attack so that no potential aggressor could be under illusion that either of them stands alone in Pacific area,
Desiring further to strengthen their present efforts for collective defense for preservation of peace and security pending development of a more comprehensive and effective system of regional security in Pacific area,
Agreeing that nothing in this present instrument shall be considered or interpreted as in any sense or in any way altering or diminishing any existing agreements or understandings between USA and ROK,
[Page 1360]Have agreed as follows:
Article I
The parties undertake, as set forth in Charter of UN, to settle any international disputes in which they may be involved by peaceful means in such a manner that international peace and security and justice are not endangered and to refrain in their international relations from threat or use of force in any manner inconsistent with purpose of UN.
Article II
The parties reaffirm their recognition of fact that lawful jurisdiction of ROK extends throughout traditional area of Korea and specifically northward to Yalu and Tumen Rivers.
Article III
In order more effectively to achieve objective of this treaty, the parties separately and jointly by self-help and mutual aid will maintain and develop their individual and collective capacity to resist armed attack. If the US should find it desirable to station its land, sea, or air forces in or about Korea, arrangements for this purpose can be readily effected.
Article IV
The parties, through their Foreign Ministers or their deputies will consult together from time to time regarding implementation of this treaty and whenever in opinion of either of them the territorial integrity, political independence or security of either of the parties is threatened by external armed attack in the Pacific.
Article V
The parties agree that an armed attack against one shall be considered an attack against the other; and consequently the parties agree that, if such an armed attack occurs, each of them, in the exercise of the right of individual or collective self-defense recognized by Article 51 of Charter of UN, will assist the party so attacked by taking forthwith and immediately such action as it deems necessary, including the use of armed force, to resist armed attack. Any such armed attack and all measures taken as a result thereof shall be immediately reported to the Security Council of the UN. Such measures shall be terminated when the Security Council has taken the measures necessary to restore and maintain international peace and security.
Article VI
For purpose of Article IV, an armed attack on either of the parties is deemed to include an armed attack on metropolitan territory of either of the parties, or on the island territories under its jurisdiction in the Pacific or on its armed forces, public vessels or aircraft in Pacific.
[Page 1361]Article VII
This treaty does not affect and shall not be interpreted as affecting in any way the rights and obligations of the parties under Charter of UN or the responsibility of UN for maintenance of international peace and security.
Article VIII
This treaty shall be ratified by ROK and USA in accordance with their respective constitutional processes and will come into force when instruments of ratification thereof have been exchanged by them.
Article IX
This treaty shall expire whenever in the opinion of the Government of ROK and USA there shall have come into force such UN arrangements or such alternative individual or collective security dispositions as will satisfactorily provide for the maintenance by UN or otherwise of international peace and security in the Korean area.
In witness whereof the undersigned plenipotentiaries have signed this treaty, etc.
- This draft treaty was transmitted by Robertson to the Department of State in Army message 091320Z from Seoul, July 9, 1953.↩