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94. CONTINUING CONSIDERATION OF A POLITICAL SETTLEMENT IN KOREA: Resolution 910 A (X) of the United Nations General Assembly, November 29, 19551

REPORT OF THE UNITED NATIONS COMMISSION FOR THE UNIFICATION AND REHABILITATION OF KOREA

The General Assembly,

Having noted the report of the United Nations Commission for the Unification and Rehabilitation of Korea signed at Seoul, Korea, on 7 September 1955,2

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Recalling that, in resolution 811 (IX) of 11 December 1954,3 in approving the report of the fifteen Governments participating in the Geneva Conference on behalf of the United Nations, the General Assembly expressed the hope that it would soon prove possible to make progress towards the achievement by peaceful means of a unified, independent and democratic Korea under a representative form of government and of full restoration of international peace and security in the area,

Noting that paragraph 62 of the Armistice Agreement of 27 July 1953 provides that the Agreement "shall remain in effect until expressly superseded either by mutually acceptable amendments and additions or by provision in an appropriate agreement for a peaceful. settlement at a political level between both sides",

1. Reaffirms its intention to continue to seek an early solution of the Korean question in accordance with the objectives of the United Nations;

2. Urges that continuing efforts be made to achieve these objectives;

3. Requests the Secretary-General to place the Korean question on the provisional agenda of the eleventh session of the General Assembly.

1 U.N. doc. A/RES/326, Nov. 30, 1955. See also Department of State Bulletin ̧ Dec. 26, 1955, pp. 1074-1086.

U.N. General Assembly, Official Records, Tenth Session, Supplement No. 13. (A/2947).

* Supra.

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Supra, doc. 92.

H. THE PRISONER OF WAR PROBLEM FOLLOWING THE ARMISTICE, 1953-1955

95. POSSIBLE COMMUNIST DETENTION OF KOREAN WAR PRISONERS: Statement by the Department of State, August 8, 1953 1

The State Department is gravely concerned by reports that the Communists may not intend to return all of our prisoners now in their custody. It has long been believed on good authority that the Soviet Union still holds an unknown number of World War II prisoners of different nationalities, and it was with this in mind that we insisted on a clause in the armistice agreement which provided that any U.N. personnel who are said not to desire repatriation must nevertheless be transferred to the custody of the [Neutral Nations] Repatriation Commission where United Nations and U.S. officials will have access to them. This would include any prisoners alleged to have been given "jail sentences." None is exempt.

We must avoid action which might jeopardize the safety or liberty of our prisoners now in Communist hands. The progress of the prisoner exchange is being watched closely and appropriate action will be taken just as soon as definite facts are established.

96. AUTHORITY FOR RELEASE OF NON-REPATRIATE PRISONERS OF WAR: Statement by the Secretary of State, November 17, 1953 2

There has been some inquiry as to the status of prisoners of war in Korea 120 days after they were turned over to the Repatriation Commission. The armistice provisions are clear.3 All prisoners who have not chosen repatriation, and as to whom no other disposition has been agreed to by the Political Conference, shall be given their freedom after 120 days. This period ends January 22, 1954. Even if no Political Conference has been held by that time the prisoners on that date should receive their freedom.

Since the beginning of the POW [Prisoner of War] discussion, the U.S. position has been consistently that POW's must not be forcibly repatriated or held indefinitely.

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This was made clear and accepted by the United Nations when its resolution of December 3, 1952, was under discussion. It was made clear to the Communists when armistice negotiations were resumed in the spring of 1953. This position was finally accepted by the

1 Department of State Bulletin, Aug. 17, 1953, pp. 205–206.

2 Ibid., Nov. 30, 1953, p. 749.

3 Armistice Agreement of July 27, 1953; supra, pp. 724–750.

See U.N. Proposals for Solution of Prisoner of War Problem: General Assembly Res. 610 (VII), Dec. 3, 1952; supra, doc. 62.

Communists in June 1953, although the Communists attempted to insert a provision which would have held the prisoners until final agreement by the Political Conference. The U.Ñ. negotiators maintained their position that POW's should not be indefinitely held and the Communists finally accepted the U.N. position. The agreement thus confirms the consistent and firm position of the United States. The relevant portion of paragraph 11 of the Terms of Reference for the Neutral Nations Repatriation Commission,' annexed to the Armistice Agreement, reads:

The Neutral Nations Repatriation Commission shall declare the relief from the prisoner of war status to civilian status of any prisoners of war who have not exercised their right to be repatriated and for whom no other disposition has been agreed to by the Political Conference within one hundred and twenty (120) days after the Neutral Nations Repatriation Commission has assumed their custody.

97. AUTHORITY FOR RELEASE OF NON-REPATRIATE PRISONERS OF WAR: Statement by the Commander-in-Chief, United Nations Command, December 23, 1953 2

The terms of reference for the Neutral Nations Repatriation Commission, signed at Panmunjom on June 8 of this year as an annex to the armistice agreement which later halted armed conflict in Korea, resolved an issue which alone had protracted the cease-fire discussions for more than a year.

The issue was the right of a Pow [Prisoner of War] who resists repatriation to seek asylum and of a detaining power to grant it. This right is based on respect under the law for individual freedom and human dignity. To uphold it the UNC [United Nations Command] fought throughout the long and at times frustrating negotiations.

Paragraph 11 of the terms of reference provide that at the expiration of 90 days after the transfer of custody of Pow to the Neutral Nations Repatriation Commission, access to captured personnel by representatives of their original sides shall terminate. That 90-day period of explanations comes to an end on December 23.

There

Paragraph 11 provides that as of the end of the day of 22 January these men will become entitled to their freedom as civilians. will no longer be authority for their custody by the Indian troops. As civilians they are to be enabled to go to any available country of their choice. Public statements made by representatives of the ROK [Republic of Korea] and the National Government of the Republic of China contain open invitations to the nearly 8,000 Korean and more than 14,000 Chinese anti-Communists, respectively, in the south CFI [Custodian Force, India] camp to make their new homes in the ROK and in the territory under the control of the National Government of the Republic of China. Representatives of these 2 nations are being informed that my command will use all

1 Annex to Agreement of July 27, 1953; supra, pp. 743–748.

2 Department of State Bulletin, Jan. 18, 1954, p. 90.

Supra, pp. 743-748.

available facilities to expedite the movement of the individuals who desire to go to those countries. Under paragraph 11 of the terms of reference to the NNRC [Neutral Nations Repatriation Commission] and the Indian Red Cross are to assist any individual who may wish to apply to go to neutral countries elsewhere in the world.

It is regrettable that Communist obstructions have caused disagreements and disrupted the explanations to nonrepatriate Pow [Prisoners of War]. Despite the fact that agreement was once reached concerning the fundamental rights of these thousands of prisoners, the Communists have persisted in employing their habitual frustrating tactics to the extent that the work of the NNRC has been interfered with and the already difficult job of the Custodial Force, India, greatly complicated.

With the expiration of this period of explanations, I desire to express my profound admiration and respect for the Indian troops. In their unique and sensitive mission these officers and men have demonstrated an almost unprecedented capacity for military firmness and humane restraint. Their rigid adherence to mandate imposed upon them by the terms of reference has earned them the plaudits of all fairminded nations of the world and an unshakable confidence in their ability to continue their duty in the same splendid manner until their mission is completed some 30 days hence.

98. AUTHORITY FOR RELEASE OF NON-REPATRIATE PRISONERS OF WAR: Letter From the Commander-in-Chief, United Nations Command,' to the Chairman of the Neutral Nations Repatriation Commission,2 January 16, 1954 3

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I have read your letter of 14 January in which you propose to request the United Nations Command to accept the restoration of custody, beginning at 0900 hours, 20 January, of those prisoners of war given over to the Neutral Nations Repatriation Commission by this command.

In my communication to you of 6 January, the position of the United Nations Command was stated clearly. That position has not and will not be changed, since it is founded on both the spirit and the letter of the terms of reference which embody the factors of humanity and justice for the prisoners themselves and the recognition of their inalienable right of freedom of choice.

It is recognized that Communist intransigence made it impossible for the Neutral Nations Repatriation Commission fully to accomplish its mission under its agreed terms of reference. The United Nations Command in good faith turned over the prisoners of war in its custody

1 Gen. John E. Hall.

2 Lt. Gen. K. S. Thimayya of India.

Department of State Bulletin, Jan. 25, 1954, pp. 115-116; see also ibid., Feb. 1, 1954, pp. 152 ff.

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to the Neutral Nations Repatriation Commission, with confidence that each prisoner would be given full opportunity to hear explanations and to make freely and without coercion his own choice as to his future. The United Nations Command made an earnest effort to explain their rights to repatriation to the prisoners it turned over to custody of the Neutral Nations Repatriation Commission. The United Nations Command also sought to assist the Neutral Nations Repatriation Commission in conducting explanations to prisoners of war formerly detained by the United Nations Command. Failure to complete explanations to more than a minority of prisoners of war formerly detained by the United Nations Command can only be attributed to the stubborn refusal of the Korean People's Army and Chinese People's Volunteers to continue explanations except under conditions of their own choosing, which conditions required the use of physical force against the prisoners of war. Such use of force is

contrary to the terms of reference, the Geneva Convention and the universally accepted concepts of human decency and rights. The United Nations Command supports and commends the Neutral Nations Repatriation Commission and the Custodian Force, Indian, in their refusal to use force illegally against prisoners of war.

The United Nations side has made every effort to convene the political conference recommended in Paragraph 60, Armistice Agreement, and referenced in Paragraph 11, Terms of Reference, Neutral Nations Repatriation Commission, which was to consider within the specified period of thirty days the disposition of prisoners of war. These efforts have been thwarted by the other side. However, as I made clear in my letter of 6 January, the plain intent of Paragraph 11 of the Terms of Reference is to prevent either party to the agreement from frustrating the basic purpose of avoiding indefinite captivity for the prisoners.

For the United Nations Command now to agree to further and indefinitely prolonged captivity of these prisoners of war would negate the very principle of human rights for which so many men of this command have fought and died. Such unjust and unworthy action is intolerable to any free people, and is obviously unthinkable. The United Nations Command agreed to the Terms of Reference for the Neutral Nations Repatriation Commission only because they included a prohibition against enforced repatriation, and made clear provisions for the final release of prisoners of war to civilian status 120 days after being placed in the custody of the Neutral Nations Repatriation Commission.

I reiterate the unalterable conviction of the United Nations Command that the Neutral Nations Repatriation Commission has a solemn obligation to fulfill its responsibilities and release to civilian status at 23 January all prisoners of war who have refused repatriation. Failure of the Neutral Nations Repatriation Commission to fulfill this obligation would be a deliberate avoidance of an important element of the Terms of Reference and the United Nations Command could not concur in an action constituting default by the Neutral Nations Repatriation Commission.

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