Foreign Relations of the United States, 1952–1954, The Geneva Conference, Volume XVI

396.1 GE/7–1854: Telegram

The United States Delegation to the Department of State¹

secret
priority

Geneva, July 18, 1954—11 p.m.

Secto 657. Repeated information Paris 97, Saigon 66. Department pass Defense. Following is translation (done by British) of text working paper on control in Vietnam prepared by Soviet delegation. Paper dated July 9 although only received today. Soviet paper follows closely French paper July 7 (Secto 575, repeated Paris 25, Saigon 17²). Most important changes from French text appear in paragraph three of numbered paragraph eight, numbered paragraph nine (d), numbered paragraphs 15 and 18.

• “1. The responsibility for implementing the agreement on the cessation of hostilities is placed on the parties.
• “2. Control and supervision over this implementation is ensured by the international commission.
• “3. In order to facilitate, under conditions shown below, the implementation of provisions concerning joint actions by the two parties a joint commission will be set up in Vietnam.
• “4. The joint commission is composed of an equal number of representatives of the commands of the two parties.
• “5. The presidents of the delegations of the joint commission will hold the rank of general. The joint commission will set up joint roups, the number of which will be determined by mutual agreement between the parties. The joint groups will be composed of an equal number of officers from both parties. Their activity on the demarcation lines between the zones of regroupment will be determined by the parties whilst taking into account the powers of the joint commission.

• “6. The joint commission will ensure the implementation of the following provisions of the agreement on the cessation of hostilities:

  a. A simultaneous and general cease-fire in Vietnam for all regular and irregular armed forces of the two parties.

  b. A regroupment of the armed forces of the two parties.

  c. Observance of the demarcation lines between the zones of regroupment and the demilitarized sectors.

  It will help the parties to implement the said provisions, will ensure liaison between them for the purpose of the working out and putting into effect of plans for the application of these provisions, and it will endeavor to solve controversial questions which may arise between the parties during the implementation of these provisions.

• “7. An international commission will be set up for control and supervision over the application of the provisions of the agreement on the cessation of hostilities in Indochina. It will be composed of an equal number of representatives of the following states: (blank)

  It will be read by the chairman (blank)

  Its location will be (blank)

• “8. The international commission will set up permanent and mobile inspection brigades, composed of an equal number of officers appointed by each of the above-mentioned states. The permanent brigades will be located at the following points (blank). These points of location may, at a later date, be altered at the request of the joint commission, or of one of the parties, or of the international commission itself by agreement between the international commission and the command of the party concerned.

  The field of action of the mobile brigades will be the dimilitarized zones. Within the limits of these zones they will have the right to move freely and to receive from the local civil and military authorities all facilities they may be in need of for the fulfillment of their tasks (supply of personnel, placing at their disposal documents necessary for control, summoning witnesses necessary for investigation, ensuring the security and freedom of movement of the inspection brigades, etc.…) they will have at their disposal the necessary modern means of transport, supervision and communication. Outside the zones and points of activity shown above, the mobile brigades may, by agreement with the command of the party concerned, make trips within the limits of the tasks given them by the present agreement.

• “9. The task of supervising the implementation by the parties of the provisions of the agreement will be placed on the international commission. For this purpose it will fulfill the tasks of control, supervision, inspection and investigation connected with the application of the provisions of the agreement on the cessation of hostilities, namely, it must,

  a) Control the movement of the armed forces of the two parties, effected within the framework of the regroupment plan.

  b) Supervise the demarcation lines between the zones of regroupment, and also the demilitarized zones.

  c) Control the operations of releasing prisoners of war and civilian internees.

  d) To watch over the implementation of the provisions of the agreement on the cessation of hostilities, concerning the ban on the introduction into the country from abroad, of armed forces, military personnel and of all kinds of arms, ammunition, military equipment, in the zones and points shown in Article 8.

• “10. The international commission shall, through the medium of the mobile brigades mentioned above, and as soon as possible, either at its own initiative, or at the request of the joint commission, or of one of the parties, have recourse to necessary investigations by documents and on the spot.
• “11. The inspection brigades will submit to the international committee the results of their control, their investigation and their observations, furthermore they will draw up special reports which they may consider necessary or which may be requested from them by the commission. In the case of a disagreement within the brigades, the conclusions of each member will be submitted to the commission.
• “12. If any one inspection brigade is unable to settle an incident or considers that there is a violation or a threat of a serious violation the international commission will be informed; the latter will study the reports and the conclusions of the inspection brigades and will inform the parties of the measures which should be taken for the settlement of the incidents, ending of the violations or doing away with the threat of violation.
• “13. When the joint commission is unable to reach an agreement on the interpretation to be given to some provision or on the appraisal of a fact, the international commission will study the controversial question. Its conclusions will be sent directly to the parties and will be notified to the joint commission.

• “14. Recommendations will be adopted or passed by the international commission by majority vote, reservation being made for the provisions contained in Article 15. If there is a split of votes the chairman’s vote will be decisive.

  The international commission may pass recommendations concerning amendments and additions which it may be necessary to make to the provisions of the agreement on the cessation of hostilities in Vietnam, in order to ensure a more effective implementation of that agreement. These recommendations will be adopted unanimously.

• “15. When dealing with questions concerning violations of the agreement, or threats of violations, which might lead to a resumption of hostilities, namely:

  (a) Refusal by the armed forces of one party to effect the movements provided for in the regroupment plan;

  (b) Violation by the armed forces of one of the parties of the regroupment zones, territorial waters, or air space of the other party;

  The decisions of the international commission must be unanimous.

• “16. If one of the parties refuses to put into effect a recommendation passed by the international commission, the commission or one of the parties address themselves to the guarantors. If the international commission does not reach unanimity in the cases provided for in Article 15, it will submit a majority report and one or more minority reports to the guarantors. The international commission will address itself to the guarantors in all cases where its activity is being hindered.
• “17. The international control commission will be set up at the time of the cessation of hostilities in Indochina in order that it should be able to fulfill the tasks provided for in Article 9.
• “18. The international commission for control and supervision in Vietnam will act in close connection with the international control commissions in Cambodia and Laos. A body for coordinating the activities of the three commissions will be set up by agreement among them, in the form of a coordination international commission for control and supervision in Indochina.
• “19. The coordination international commission for control and supervision in Indochina will adopt decisions concerning a progressive decrease in the activities of the international commissions for control and supervision in Laos and Cambodia, taking into account the evolution in Vietnam. These decisions will be adopted unanimously.”

Smith

1. Message transmitted in two sections.
2. Dated July 8, p. 1305.