Memorandum, Legal Considerations Underlying the Position of the United Nations Command Regarding the Issue of Forced Repatriation of Prisoners of War

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Management Whitehead October 24, 1952 MEMORANDUM LEGAL CONSIDERATIONS UNDERLYING THE POSITION OF THE UNITED NATIONS COMMAND REGARDING THE ISSUE OF FORCED REPATRIATION OF PRISONERS OF WAR TRUMAN CONTENTS LARE Be ARCHIVES "NATIONAL RECORDS AND DEPARTMENT SERVICE" as I. Summary Statement II. What Mr. Vyshinsky has Said III. What the United Nations Command is Doing IV. what International Law Requires Page (1) Introductory IV - 1 (2) Geneva Convention Relative to the Treatment of Prisoners of War: Principles and Applica- bility IV - 1 (3) Asylum in International Law: Principles and Applicability IV - 3 (4) Repatriation and Asylum in Relation to the Prisoners of war Convention IV 8 (a) Evolution of Article 118 IV 8 (b) Conference of Government Experts, Geneva, 1947 IV - 9 (c) Diplomatic Conference of Geneva, 1949: Plenary IV - 12 (d) Diplomatic Conference: Textual Comparison of Articles 109 and 118 IV - 15 (e) Diplomatic Conference: Committee II and Special Committee IV - 16 (5) United Nations Command Proposals Viewed as Proposals for Special Agreement Under Article 6 IV - 18 (6) Proposals Consistent with Prior Agreements and Plans IV - 20 (7) Significance of Communist Violations IV - 21 V. Action Called for by the General Assembly VI. Annex: Soviet Precedents VII. Annex: Non-Soviet Precedents