195. Telegram From the Embassy in Vietnam to the Department of State1
1472. Task Force VN. Following is text paper referred to first para our 1471.2 1. We consider introduction of additional US military personnel and military equipment into South Viet-Nam over past six [Page 402] months as fully justified by self-defense requirements of Republic of Viet-Nam to meet guerrilla war directed and supported by Communist authorities in Hanoi.
2. We believe these additional military measures are also reconcilable with purpose and provisions of Geneva Agreement on Viet-Nam as outlined below.
3. A basic purpose of Geneva Agreement on Viet-Nam was to establish balance of military power between two zones of Viet-Nam. In case of military personnel, this is implicit in Article 16 of agreement, which states “with effect from date of entry into force of present agreement, introduction into Viet-Nam of any troop ‘reinforcements’ and ‘additional’ military personnel is prohibited”.
4. In this context agreement makes no reference to nationality, or function foreign military personnel. Therefore, Article 16 seems solely concerned with preserving military status quo in terms foreign military personnel, regardless of origin or function those personnel.
5. Withdrawal of French Union Forces subsequent to signing of agreement in effect altered the balance between two military forces which prevailed at time agreement put into effect.
6. To meet the increasing threat of subversion and aggression directed against it by Hanoi authorities, Government of Republic of Viet-Nam requested introduction of additional American military personnel to assist its forces in training, advisory, and support activities. Since number these American personnel totals only very small proportion of total number personnel in French Union Forces in Viet-Nam at time agreement signed, and since agreement itself establishes no limitations on nationality or function such personnel, it is clear that introduction of present American military personnel into Viet-Nam does not violate the balance of military power established by agreement between two zones of Viet-Nam.
7. In regard to question of war material, basic purpose of agreement similarly implied in article 1 7(A) which states “…3 introduction into Viet-Nam of any ‘reinforcements’ in form of all types of arms, munitions, and other war material … is prohibited”. Article 17(B) further states “it is understood, however, that war material, arms and munitions which have been destroyed, damaged, or worn out or used up after cessation of hostilities may be replaced on basis of piece-for-piece of same type and with similar characteristics”.
8. Again, withdrawal of French Union Forces and export from Viet-Nam of most their arms, equipment, and material contributed to altering the prevailing balance of military power between two zones, since this material has also never been replaced entirely.
[Page 403]9. In 1958 the International Control Commission itself recognized that this principle of replacement of French Union Forces’ war material was justified under agreement. The Commission thereupon devised system of crediting Government of Republic of Viet-Nam with amounts of material the disposal of which Commission had controlled. However, these amounts have comprised only a part of material which French Union Forces actually possessed at time agreement went into effect and which they subsequently exported. Obviously, any effort to reinstate 1954 military status quo should take into consideration all equipment out-shipped by French Union Forces after 1954.
10. Equity also indicates that certain items present in 1954 which have become obsolete or unavailable can be justifiably replaced by items of generally same type and similar characteristics, allowing for changes in supply and warfare methods.
11. It is by no means purpose of either Government of Republic of Viet-Nam or American authorities to restore entirely and in every respect capability of French Union Forces at time of signing of Geneva Agreement; on contrary, only aim is to take those minimum additional measures absolutely necessary to meet the growing guerrilla war threat by the Hanoi authorities to security and integrity of Republic of Viet-Nam. These temporary additional measures will be terminated when that threat is eliminated.