pressly superseded either by mutually acceptable amendments and additions or by provision in an appropriate agreement for a peaceful settlement at a political level between both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. Approves the report on the Korean Political Conference;

2. Reaffirms that the objectives of the United Nations remain the achievement by peaceful means of a unified, independent and democratic Korea under a representative form of government and the full restoration of international peace and security in the area;

3. Expresses the hope that it will soon prove possible to make progress towards these objectives;

4. Requests the Secretary-General to place the item on the provisional agenda of its tenth session.

Resolution of the U.N. General Assembly on the Korean Question, November 29, 19551

The General Assembly,

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

Recalling that, in resolution 811 (IX) of 11 December 1954, in approving the report of the fifteen Governments participating in the Geneva Korean Political 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,

3

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62 of the Armistice Agreement of 27 July 1953 provides that the Agreement "shall remain in effect until expressly superseded either by mutually acceptable amendments and additions or by provision in an appropriate agreement for a peaceful settlement at a political level between both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

1Text from General Assembly Official Records: Tenth Session, Supplement No. 19 (A/3116), p. 3.

'Ibid., Supplement No. 13 (A/2947).

"Not printed here.

566379-60- -14

195

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.

Report of the Unified Command on the Neutral Nations Supervisory Commission, August 16, 19561

The Government of the United States, in its capacity as the Unified Command, presents herewith a special report concerning the Neutral Nations Supervisory Commission in Korea.

On May 31, 1956, the United Nations Command, following consultations in Washington among the nations which contributed military forces to the Command, informed the Communist Command in Korea, the Neutral Nations Supervisory Commission, and the Commission's teams in Inchon, Pusan, and Kunsan that, because of violations of the reinforcing, reporting, and supervision provisions of the Armistice Agreement by the Communist side, and obstruction of the tasks of the Neutral Nations Supervisory Commission by the Communist side and the Czech and Polish members of the Commission, the United Nations Command would provisionally suspend, during the time the Communist side continued in default, performance on its part of those provisions of the Armistice Agreement governing the operations of the Neutral Nations Supervisory Commission in the area under its control.2 The United Nations Command announcement was made only after long and continuing Communist provocation and after most careful consideration of the situation. The Unified Command considered that making clear to the Chinese Communist and north Korean authorities that they would not be permitted to benefit by their persistent violations of the Armistice Agreement would serve the interest of peace in Korea, and in Asia in general.

The Swiss and Swedish members of the Neutral Nations Supervisory Commission have behaved in strict accordance with the well-recognized neutral traditions of their countries. After it became apparent that the Neutral Nations Supervisory Commission would not be permitted to fulfill its functions in north Korea, Switzerland and Sweden sought to terminate the operations of the inspection teams. They proposed to the Communist authorities concerned that the inspection teams be

1

1 U.N. doc. A/3167, Aug. 16, 1956, pp. 2–7.

'For text, see Department of State Bulletin, June 11, 1956, pp. 967-970.

withdrawn to the Demilitarized Zone. The Communist authorities did not accept these reasonable proposals.

1

On April 9, 1956, the Chinese Communists transmitted a note 1 through the United Kingdom to the Governments which had contributed military forces to the United Nations Command stating that the Neutral Nations Supervisory Commission problem could not be solved until the problems of unification of Korea and withdrawal of foreign forces had been solved. Without advancing any concrete proposals, this note suggested, on behalf of the Chinese Communists and the north Korea regime, the convening of a conference on unification of Korea and withdrawal of foreign forces, but its obvious intention was to close negotiations for solution of the Neutral Nations Supervisory Commission problem. The Governments which contributed military forces to the United Nations Command replied to the Communist note on May 28, 1956.2 This exchange of notes is attached to this report.3 In these circumstances, the United Nations Command was left with no alternative but to assert its rights. In order to relieve it of the inequitable burden arising from the failure of the Communist side to observe the provisions of the Armistice Agreement respecting the Neutral Nations Supervisory Commission, the Command sought redress by announcing its intention to suspend provisionally, during the time the Communists continued in default, its performance of those provisions in the area under its control.

The United Nations Command, in taking this remedial step, was acting as one party to a contract with certain provisions of which the other party has failed to comply. The representative of the United Nations Command in the Military Armistice Commission had repeatedly drawn attention to Communist violations of the Armistice and particularly to Communist frustration and obstruction of the activities of the Neutral Nations Supervisory Commission, including its inspection teams. The Communist side continued in default.

After the statement by the United Nations Command on May 31, 1956, the Communist command requested a further meeting of the Military Armistice Commission which was held on June 4. The Communist representative began by attacking the United Nations Command for alleged violations of the Armistice Agreement and demanded that the United Nations Command withdraw its announcement of May 31. In reply the United Nations Command representative emphasized the continued efforts of the Command to obtain the co-operation of the Communist side in carrying out the terms of the Armistice Agree

ment. He recalled the requests previously made in the Military Armistice Commission for the Communist side to show by (1) providing the Military Armistice Commission and the Neutral Nations Supervisory Commission with corrected reports concerning every incoming shipment of combat materiel and combat aircraft that it had made since signature of the Armistice; (2) immediately ceasing the introduction into Korea of combat materiel and combat aircraft in violation of paragraph 13(d) of the Armistice Agreement; and (3) removing without delay all combat materiel and combat aircraft introduced into Korea since July 27, 1953 in violation of the Armistice Agreement. He stated further that the course of action adopted by the the United Nations Command with respect to the Neutral Nations Supervisory Commission was carefully adjusted to the violations and frustrations and to the burdens and injuries involved and represented the very least that the United Nations Command must do to protect its legitimate rights under the terms of the Armistice Agreement by lawful, peaceful, and reasonable steps.

Insisting again that the United Nations Command withdraw its May 31 announcement, the Communist representative stated that his side "acceded to the proposal of the Swedish Government of March 10, 1956 for the temporary withdrawal of the inspection teams stationed in the designated ports of entry by the Neutral Nations Supervisory Commission, retaining its rights to dispatch these teams to a port of entry as a provisional arrangement for the time being". The United Nations Command representative replied that this proposal was not acceptable since there was no reason to believe that the past record of continued frustration of the mobile inspection teams by the attitudes of their Czech and Polish members, making impossible effective policing of the provisions of paragraphs 13 (c) and (d) of the Armistice Agreement, would suddenly be reversed.

On June 5, 1956, the four members of the Neutral Nations Supervisory Commission sent a letter to the Military Armistice Commission, in response to the United Nations Command's statement of May 31, 1956 and to a letter of June 4, 1956 from the Communist side, accepting the Swedish proposal of March 10, 1956 described above. The Neutral Nations Supervisory Commission letter of June 5, 1956 stated that the Commission has "unanimously decided to recommend to the Military Armistice Commission to agree to the provisional withdrawal of the Neutral Nations Inspection Sub-teams stationed in the territory under military control of the two sides". The letter went on to say that the provisional withdrawal would be carried out expeditiously upon receipt of authorization from the Military Armistice Commission. It also stated that the Neutral

Nations Supervisory Commission considered "that this withdrawal is provisional and does not change the legal status of the Neutral Nations Supervisory Commission, unless or until a mutual agreement in this respect is reached by both sides of the Military Commission". In a meeting of the Military Armistice Commission on June 27, 1956, the Communist representative stated with respect to this proposal:

It is regrettable that on June 5 the Neutral Nations Supervisory Commission under the flagrant pressure of your side recommended to the Military Armistice Commission temporary withdrawal of the inspection teams.

Taking into consideration the whole situation, our side proposes that both sides of the Military Armistice Commission make clear to the Neutral Nations Supervisory Commission the following two points:

(1) There should be no change in the function and authority of the Neutral Nations Supervisory Commission and its inspection teams which are inseparable parts and parcel of the Armistice Agreement.

(2) The withdrawal of the inspection teams both from the north and the south are temporary measures. The Neutral Nations Supervisory Commission has the right to dispatch the inspection teams again to stations at the designated ports of entry in case either side of the parties of the Armistice Agreement brings a well-founded charge against any violation of the Armistice Agreement by the other side.

The representative of the United Nations took the following position:

Our side is gratified to note that the Neutral Nations Supervisory Commission has unanimously recommended to the Military Armistice Commission the expeditious withdrawal of the Neutral Nations Inspection Sub-teams stationed in the territory under the military control of the United Nations Command side and the KPA/CPV side. The United Nations Command side agrees that the Military Armistice Commission authorizes this withdrawal.

Since the Communist side would not accept the recommendation of the Neutral Nations Supervisory Commission for the expeditious withdrawal of the teams from the territory of the respective sides without attaching unacceptable conditions, the United Nations Command representative confirmed the intention of the Command to proceed in accordance with its announcement of May 31. He repeated that the provisional suspension would remain in effect while the Communist side continued in default with respect to the reinforcement, reporting, and inspection provisions of the Armistice Agreement. At the same time he emphasized that this provisional suspension was "of no effect whatever on the continued full adherence" of the United Nations Command "to all other paragraphs of the Armistice Agreement". He went on to state that the Command would "continue to report as honestly and fully to the Neutral Nations Supervisory Commission