396.1 GE/6–1454: Telegram
Thirteenth Restricted Session on Indochina, Geneva, June 14, 3 p.m.: The United States Delegation to the Department of State
Secto 442. Repeated information Paris, London, Moscow, Saigon, Tokyo unnumbered. Department pass Defense. Tokyo pass CINCFE. [Page 1144] Saigon pass Phnom Penh and Vientiane. Following is text of Soviet proposal presented at Restricted Session on Indochina, Monday, June 14:
“I. Mixed Commission (Military Armistice Commission)
Composition
1. The Mixed Commission (Military Armistice Commission) shall consist of an equal number of representatives of the Commands of both sides. The senior members of the Mixed Commission shall hold the rank of General. The Mixed Commission shall create mixed inspection teams (the number to be agreed by both sides) with an equal number of members from both sides.
Functions and powers
2. It shall be the duty of the Mixed Commission to exercise control over the implementation of the terms of the Agreement on the Cessation of Hostilities, the principal of which shall be:
- a.
- Control over the strict fulfillment of the plan for the establishment of zones and regrouping of the armed forces of the sides;
- b.
- Control over ensuring a simultaneous, general and complete ceasefire.
- c.
- Settlement by negotiations of all questions connected with violations of the terms of the Agreement on the Cessation of Hostilities.
3. The Mixed Commission and the Neutral Nations Commission shall act in parallel and one Commission shall not be subordinated to the other. To ensure effective implementation of the Agreement on the Cessation of Hostilities both Commissions shall act in conformity with the assignment of functions and in cooperation on the basis of the powers provided for in the Agreement on the Cessation of Hostilities.
II. Neutral Nations Observation Commission
Composition
4. The Neutral Nations Commission for the Observation (nablyudenie) of Carrying out the Terms of the Agreement on the Cessation of Hostilities in Indochina shall be formed of the representatives of the following nations.…
The term “neutral nations”, as used here, shall refer to those states the armed forces of which did not participate in hostilities in Indochina.
The Commission shall consist of an equal number of representatives appointed by each of the above-mentioned neutral nations.
It shall create inspection teams composed of an equal number of officers appointed by the neutral nations.
Functions and powers
5. The task of the Neutral Nations Commission shall be to carry out surveillance (nadzor), observation, inspection and investigation connected with the implementation of the terms of the Agreement on the Cessation of Hostilities. The principal of these shall be:
- a.
- Observation of the carrying out by both sides of the provisions establishing the military demarcation line and the demilitarized [Page 1145] zones on the basis of the Agreement on the Cessation of Hostilities;
- b.
- Observation of the regrouping of troops carried out in setting up the zones;
- c.
- Observation of the repatriation by both sides of the prisoners-of-war and civil internees;
- d.
- Investigation and establishment of the facts of violations of the Agreement on the Cessation of Hostilities in the demilitarized zones at the request of the Mixed Commission or one of its sides as well as submitting proposals regarding their elimination.
- e.
- Observation at specified naval or air ports and points on land of the cessation of introduction into Indochina from outside of new contingents of armed forces and military personnel, as well as of all types of armaments, ammunition and military equipment.
- f.
- Recommendations concerning possible amendments and addenda to the provisions of the Agreement on the Cessation of Hostilities to provide the most effective carrying out of the Agreement.
The Neutral Nations Commission shall carry out its functions by means of the respective inspection teams stationed at the points specified in the Agreement on the Cessation of Hostilities.
General provisions
6. Neutral Nations Commission for the Observation of the Carrying out of the Terms of the Cessation of Hostilities shall adopt decisions by agreement among the members of the Commission. The Commission shall inform the Mixed Commission of its decisions and the Mixed Commission shall adopt in this connection appropriate measures or refer the question back to the Neutral Nations Commission for re-examination. If an examination of this sort does not yield positive results the Neutral Nations Commission shall immediately inform the Mixed Commission and the States-guarantors of the fact.
In case differences of opinion arise in the Neutral Nations Commission during the consideration of one or another problem regarding the implementation of the provisions of the Agreement on the Cessation of Hostilities, the Commission as a whole or its separate members shall pass on to the Mixed Commission, as well as to the States-guarantors information pertaining to the problem under consideration including information concerning the attitudes of the State-members of the Commission.
If the sides in the Mixed Commission are unable to settle differences on subject under consideration the States-guarantors shall take appropriate measures to prevent violations of the agreement of the threat of such violation.
7. Be it resolved that the questions on which decisions can be taken if there exists no difference of opinion in the Commission shall be the following:
- a.
- Questions connected with violation of provisions of the agreement or the arising of a threat of such violation which could lead to the re-opening of hostilities (including violation of land [Page 1146] and sea borders as well as of air space by the armed forces of the sides;
- b.
- Questions concerning amendments and addenda to the provisions of the Agreement on the Cessation of Hostilities.
8. Questions which can be decided by simple majority shall be the following:
- a.
- Questions connected with the carrying out by the Commission of its functions of ensuring that fresh armed forces (land, air and naval) armaments of all kinds (assembled or dismantled), ammunition as well as various types of military equipment are not introduced into Indochina from outside;
- b.
- Questions connected with the investigation of statements by the Mixed Commission or by one of the sides regarding violations of the Agreement on the Cessation of Hostilities;
- c.
- Other questions within the terms of reference of the Neutral Nations Commission.
If in the examination of the above-mentioned questions votes are equally divided, the vote of the Chairman shall be decisive.
9. The Neutral Nations Commission shall immediately carry out investigation beyond the limits of points established in the Agreement on the Cessation of Hostilities in agreement with the Commander of the side in question.
10. The Neutral Nations Commission shall determine the rules for its operation in accordance with the present decision.
III. International Guarantees
11. The carrying out of the Agreement on the Cessation of Hostilities shall be guaranteed by the States-participants in the Geneva Conference.
12. In the event that the Mixed Commission and Neutral Nations Observation Commission are not able to take appropriate measures to prevent violation or the threat of violation of the Agreement on the Cessation of Hostilities in Indochina and in the event of the appearance because of this of a threat of reopening of hostilities the States which are parties to the agreement on guarantees shall convene a conference for consultation with the aim of taking collective action to ensure the implementation of the agreement.”