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Senior Review Group Meeting, February 15, 1974 (Korea) (2)
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Senior Review Group Meeting, February 15, 1974 (Korea) (2)
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The original documents are located in Box 24, folder "SRG, February 15, 1974, Korea (2)"
of the NSC East Asian and Pacific Affairs Staff: Files, 1969-1977 at the Gerald R. Ford
Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
SRG
Smyser
NATIONAL SECURITY COUNCIL
WASHINGTON, D.C. 20506
TOP SECRET/NODIS/FRD
February 8, 1974
MEMORANDUM FOR:
The Deputy Secretary of State
The Deputy Secretary of Defense
The Deputy Secretary of Treasury
The Director of Central Intelligence
The Chairman, Joint Chiefs of Staff
SUBJECT:
Korea:
1) Diplomatic Initiatives: NSSM 190
2) U.S. Force Deployments
3) Analysis of a Possible Change in
the Role of the Army Division in
Korea: Follow-on to NSSM 171
IS
Attached
a paper on Diplomatic Initiatives in Korea, prepared by
the Interdepartmental Group for East Asia in response to NSSM 190.
This paper will form the basis for discussion at the Senior Review
Group meeting on Friday, February 15, at 10:00 a. m.
Also attached are:
--a paper on U.S. Force Deployments in Korea, prepared by the
Department of State;
--an Analysis of the Role of the Army Division in Korea, prepared
by the Department of Defense as a follow on to NSSM 171; and
--a paper on the Political and Diplomatic Implications of a Change
in the Role of the Army Division, prepared by the Department of State
as a follow-on to NSSM 171.
These three papers will also be raised during the February 15 SRG
meeting.
B.FORD
DECLASSIFIED
E.O. 12956 (as amended) SEC 3.3
Jeanne ms W. Davis
NSG Memo, 3/30/06, State Dept. Guidelines
By
M
NARA, Date 1/20/11
Staff Secretary
TOP SECRET/NODIS/FRD/XGDS
Digitized from Box 24 of NSC East Asian and Pacific Affairs Staff: Files, 1969-1977 at the Gerald R. Ford Presidential Library
18,16,10,1E
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Presidential Libraries Withdrawal Sheet
WITHDRAWAL ID 033285
REASON FOR WITHDRAWAL
ÇNational security restriction
TYPE OF MATERIAL
ÇReport
TITLE
NSSM 190: Diplomatic Initiatives
Regarding Security Arrangements on the
Korean Peninsula
CREATION DATE
02/1974
VOLUME
52 pages
COLLECTION/SERIES/FOLDER ID
033700429
COLLECTION TITLE
NATIONAL SECURITY ADVISER. NSC EAST
ASIAN AND PACIFIC AFFAIRS STAFF FILES
BOX NUMBER
24
FOLDER TITLE
Senior Review Group Meeting, February
15, 1974 (Korea) (2)
DATE WITHDRAWN
04/18/2011
WITHDRAWING ARCHIVIST
TMH
UNCLASSIFIED
ANNEX C
Resolution of the UN Security Council Calling for the
Establishment of a Unified Command for UN Forces in
Korea, July 7, 1950
The Security Council
Having determined that the armed attack upon the Republic
of Korea by forces from North Korea constitutes a breach of
the peace,
Having recommended that Members of the United Nations
furnish such assistance to the Republic of Korea as may be
necessary to repel the armed attack and to restore inter-
national peace and security in the area,
1. Welcomes the prompt and vigorous support which
governments and peoples of the United Nations have given
to its Resolutions of 25 and 27 June 1950 to assist the
Republic of Korea in defending itself against armed attack
and thus to restore international peace and security in the
area;
2. Notes that Members of the United Nations have trans-
mitted to the United Nations offers of assistance for the
Republic of Korea;
3. Recommends that all Members providing military
forces and other assistance pursuant to the aforesaid
Security Council resolutions make such forces and other
UNCLASSIFIED
DERALO FORD LIBRADE
UNCLASSIFIED
ANNEX C
PAGE 2
assistance available to a unified command under the
United States;
4. Requests the United States to designate the com-
mander of such forces;
5. Authorizes the unified command at its discretion to
use the United Nations flag in the course of operations
against North Korean forces concurrently with the flags of
the various nations participating;
6. Requests the United States to provide the Security
Council with reports as appropriate on the course of action
taken under the unified command.
B.
UNCLASSIFIED
079839
YORK
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 2782
1g
ANNEX D
MILITARY ARMISTICE IN KOREA
AND
TEMPORARY SUPPLEMENTARY AGREEMENT
Signed at Panmunjom, Korea,
July 27, 1953
:-
Entered into force July 27, 1953
TAXE ARTMENT OF
UNITED STATES or
B. FCRU
DEPARTMENT OF STATE
PUBLICATION 5197
[Literal print]
For sale by the Superintendent of Documents, U.S. Government Printing Office
Washington 25, D.C. : Price 35 cents
FORD
CONTENTS
Military Armistice Agreement, July 27, 1953, With Annex:
Page
English text
3
Korean text
39
Chinese text
77
Temporary Supplementary Agreement, July 27, 1953:
English text
117
Korean text
121
Chinese text
125
(III)
CORD
ARMISTICE AGREEMENT
VOLUME I
Text of Agreement
0.0000
AGREEMENT BETWEEN THE COMMANDER-IN-CHIEF,
UNITED NATIONS COMMAND, ON THE ONE HAND, AND
THE SUPREME COMMANDER OF THE KOREAN PEOPLE'S
ARMY AND THE COMMANDER OF THE CHINESE
PEOPLE'S VOLUNTEERS, ON THE OTHER HAND,
CONCERNING A MILITARY ARMISTICE IN KOREA
PREAMBLE
The undersigned, the Commander-in-Chief, United Nations
Command, on the one hand, and the Supreme Commander of the
Korean People's Army and the Commander of the Chinese
People's Volunteers, on the other hand, in the interest of stopping
the Korean conflict, with its great toll of suffering and bloodshed
on both sides, and with the objective of establishing an armistice
which will insure a complete cessation of hostilities and of all
acts of armed force in Korea until a final peaceful settlement
is achieved, do individually, collectively, and mutually agree to
accept and to be bound and governed by the conditions and
terms of armistice set forth in the following Articles and
Paragraphs, which said conditions and terms are intended to
be purely military in character and to pertain solely to the
belligerents in Korea.
(3)
TIAS 2782
4
ARTICLE I
MILITARY DEMARCATION LINE AND
DEMILITARIZED ZONE
1. A Military Demarcation Line shall be fixed and both
sides shall withdraw two (2) kilometers from this line so as
to establish a Demilitarized Zone between the opposing forces.
A Demilitarized Zone shall be established as a buffer zone to
prevent the occurrence of incidents which might lead to a
resumption of hostilities.
2. The Military Demarcation Line is located as indicated
on the attached map (Map 1). [']
3. The Demilitarized Zone is defined by a northern and a
southern boundary as indicated on the attached map (Map 1)!¹¹
4. The Military Demarcation Line shall be plainly marked
as directed by the Military Armistice Commission hereinafter
established. The Commanders of the opposing sides shall have
suitable markers erected along the boundary between the
Demilitarized Zone and their respective areas. The Military
Armistice Commission shall supervise the erection of all
markers placed along the Military Demarcation Line and along
the boundaries of the Demilitarized Zone.
5. The waters of the Han River Estuary shall be open to
civil shipping of both sides wherever one bank is controlled by
one side and the other bank is controlled by the other side. The
Military Armistice Commission shall prescribe rules for the
shipping in that part of the Han River Estuary indicated on
the attached map (Map 2) ['] Civil shipping of each side shall
have unrestricted access to the land under the military control
of that side.
6. Neither side shall execute any hostile act within, from,
or against the Demilitarized Zone.
7. No person, military or civilian, shall be permitted
to cross the Military Demarcation Line unless specifically
authorized to do SO by the Military Armistice Commission.
1 The originals of these maps, large-scale in size, are deposited with the signed
original Agreement in the archives of the Department of State where they are
available for reference.
FORD
5
TIAS 2782
8. No person, military or civilian, in the Demilitarized Zone
shall be permitted to enter the territory under the military
control of either side unless specifically authorized to do so by
the Commander into whose territory entry is sought.
9. No person, military or civilian, shall be permitted to enter
the Demilitarized Zone except persons concerned with the
conduct of civil administration and relief and persons
specifically authorized to enter by the Military Armistice
Commission.
10. Civil administration and relief in that part of the
Demilitarized Zone which is south of the Military Demarcation
Line shall be the responsibility of the Commander-in-Chief,
United Nations Command; and civil administration and relief
in that part of the Demilitarized Zone which is north of the
Military Demarcation Line shall be the joint responsibility of
the Supreme Commander of the Korean People's Army and the
Commander of the Chinese People's Volunteers. The number
of persons, military or civilian, from each side who are
permitted to enter the Demilitarized Zone for the conduct of
civil administration and relief shall be as determined by the
respective Commanders, but in no case shall the total number
authorized by either side exceed one thousand (1,000) persons
at any one time. The number of civil police and the arms to
be carried by them shall be as prescribed by the Military
Armistice Commission. Other personnel shall not carry arms
unless specifically authorized to do SO by the Military Armistice
Commission.
11. Nothing contained in this Article shall be construed to
prevent the complete freedom of movement to, from, and within
the Demilitarized Zone by the Military Armistice Commission, its
assistants, its Joint Observer Teams with their assistants, the
Neutral Nations Supervisory Commission hereinafter established,
its assistants, its Neutral Nations Inspection Teams with their
assistants, and of any other persons, materials, and equipment
specifically authorized to enter the Demilitarized Zone by the
Military Armistice Commission. Convenience of movement shall
be permitted through the territory under the military control of
38566 o 53 2
VOND
TIAS 2782
6
either side over any route necessary to move between points
within the Demilitarized Zone where such points are not
connected by roads lying completely within the Demilitarized
Zone.
ARTICLE II
CONCRETE ARRANGEMENTS FOR CEASE-FIRE
AND ARMISTICE
A. GENERAL
12. The Commanders of the opposing sides shall order
and enforce a complete cessation of all hostilities in Korea by
all armed forces under their control, including all units and
personnel of the ground, naval, and air forces, effective twelve
(12) hours after this Armistice Agreement is signed. (See
Paragraph 63 hereof for effective date and hour of the
remaining provisions of this Armistice Agreement.)
13. In order to insure the stability of the Military Armistice
so as to facilitate the attainment of a peaceful settlement through
the holding by both sides of a political conference of a higher
level, the Commanders of the opposing sides shall:
a. Within seventy two (72) hours after this
Armistice Agreement becomes effective, withdraw all of their
military forces, supplies, and equipment from the
Demilitarized Zone except as otherwise provided herein. All
demolitions, minefields, wire entanglements, and other hazards
to the safe movement of personnel of the Military Armistice
Commission or its Joint Observer Teams, known to exist
within the Demilitarized Zone after the withdrawal of military
forces therefrom, together with lanes known to be free of all
such hazards, shall be reported to the Military Armistice
Commission by the Commander of the side whose forces
emplaced such hazards. Subsequently, additional safe lanes
shall be cleared; and eventually, within forty-five (45) days
after the termination of the seventy-two (72) hour period, all
such hazards shall be removed from the Demilitarized Zone as
is
FORD
679525
7
TIAS 2782
directed by and under the supervision of the Military Armistice
Commission. At the termination of the seventy-two (72) hour
period, except for unarmed troops authorized a forty-five (45)
day period to complete salvage operations under Military
Armistice Commission supervision, such units of a police nature
as may be specifically requested by the Military. Armistice
Commission and agreed to by the Commanders of the opposing
sides, and personnel authorized under Paragraphs 10 and 11
hereof, no personnel of either side shall be permitted to enter
the Demilitarized Zone.
b. Within ten (10) days after this Armistice Agreement
becomes effective, withdraw all of their military forces, supplies,
and equipment from the rear and the coastal islands and waters
of Korea of the other side. If such military forces are not
withdrawn within the stated time limit, and there is no mutually
agreed and valid reason for the delay, the other side shall have
the right to take any action which it deems necessary for the
maintenance of security and order. The term "coastal islands", as
used above, refers to those islands which, though occupied by one
side at the time when this Armistice Agreement becomes
effective, were controlled by the other side on 24 June 1950;
provided, however, that all the islands lying to the north and
west of the provincial boundary line between HWANGHAE-DO
and KYONGGI-DO shall be under the military control of the
Supreme Commander of the Korean People's Army and
the Commander of the Chinese People's Volunteers, except the
island groups of PAENGYONG-DO (37°58'N, 124°40'E),
TAECHONG-DO (37°50'N, 124°42'E), SOCHONG - DO
(37°46'N, 124°46'E), YONPYONG-DO (37°38'N, 125°40'E),
and U-DO (37°36'N, 125°58'E), which shall remain under the
military control of the Commander-in-Chief, United Nations
Command. All the islands on the west coast of Korea lying south
of the above-mentioned boundary line shall remain under the
military control of the Commander-in-Chief, United Nations
Command. (See Map 3.) [']
c. Cease the introduction into Korea of reinforcing
military personnel; provided, however, that the rotation of units
and personnel, the arrival in Korea of personnel on a temporary
1 See footnote 1, ante, p. 4.
FORD
TIAS 2782
8
duty basis, and the return to Korea of personnel after short
periods of leave or temporary duty outside of Korea shall be
permitted within the scope prescribed below. "Rotation" is
defined as the replacement of units or personnel by other units
or personnel who are commencing a tour of duty in Korea.
Rotation personnel shall be introduced into and evacuated from
Korea only through the ports of entry enumerated in Paragraph
43 hereof. Rotation shall be conducted on a man-for-man basis;
provided, however, that no more than thirty-five thousand
(35,000) persons in the military service shall be admitted into
Korea by either side in any calendar month under the rotation
policy. No military personnel of either side shall be introduced
into Korea if the introduction of such personnel will cause the
aggregate of the military personnel of that side admitted into
Korea since the effective date of this Armistice Agreement to
exceed the cumulative total of the military personnel of that
side who have departed from Korea since that date.
Reports concerning arrivals in and departures from Korea
of military personnel shall be made daily to the Military
Armistice Commission and the Neutral Nations Supervisory
Commission; such reports shall include places of arrival
and departure and the number of persons arriving at
or departing from each such place. The Neutral Nations
Supervisory Commission, through its Neutral Nations Inspection
Teams, shall conduct supervision and inspection of the rotation
of units and personnel authorized above, at the ports of entry
enumerated in Paragraph 43 hereof.
d. Cease the introduction into Korea of reinforcing
combat aircraft, armored vehicles, weapons, and ammunition;
provided, however, that combat aircraft, armored vehicles,
weapons, and ammunition which are destroyed, damaged, worn
out, or used up during the period of the armistice may be
replaced on the basis of piece-for-piece of the same effectiveness
and the same type. Such combat aircraft, armored vehicles,
weapons, and ammunition shall be introduced into Korea only
through the ports of entry enumerated in Paragraph 43 hereof.
In order to justify the requirement for combat aircraft, armored
vehicles, weapons, and ammunition to be introduced into Korea
?
LIMBAGE
9
TIAS 2782
for replacement purposes, reports concerning every incoming
shipment of these items shall be made to the Military Armistice
Commission and the Neutral Nations Supervisory Commission;
such reports shall include statements regarding the disposition
of the items being replaced. Items to be replaced which are
removed from Korea shall be removed only through the ports of
entry enumerated in Paragraph 43 hereof. The Neutral Nations
Supervisory Commission, through its Neutral Nations Inspection
Teams, shall conduct supervision and inspection of the
replacement of combat aircraft, armored vehicles, weapons, and
ammunition authorized above, at the ports of entry enumerated
in Paragraph 43 hereof.
e. Insure that personnel of their respective commands
who violate any of the provisions of this Armistice Agreement
are adequately punished.
f. In those cases where places of burial are a matter of
record and graves are actually found to exist, permit graves
registration personnel of the other side to enter, within a
definite time limit after this Armistice Agreement becomes
effective, the territory of Korea under their military control, for
the purpose of proceeding to such graves to recover and evacuate
the bodies of the deceased military personnel of that side,
including deceased prisoners of war. The specific procedures
and the time limit for the performance of the above task shall
be determined by the Military Armistice Commission. The
Commanders of the opposing sides shall furnish to the other
side all available information pertaining to the places of burial
of the deceased military personnel of the other side.
g. Afford full protection and all possible assistance
and cooperation to the Military Armistice Commission, its
Joint Observer Teams, the Neutral Nations Supervisory
Commission, and its Neutral Nations Inspection Teams, in the
carrying out of their functions and responsibilities hereinafter
assigned; and accord to the Neutral Nations Supervisory
Commission, and to its Neutral Nations Inspection Teams, full
convenience of movement between the headquarters of the
Neutral Nations Supervisory Commission and the ports of
attain
TIAS 2782
10
entry enumerated in Paragraph 43 hereof over main lines of
communication agreed upon by both sides (See Map 4)," and
between the headquarters of the Neutral Nations Supervisory
Commission and the places where violations of this Armistice
Agreement have been reported to have occurred. In order to
prevent unnecessary delays, the use of alternate routes and
means of transportation will be permitted whenever the main
lines of communication are closed or impassable.
h. Provide such logistic support, including
communications and transportation facilities, as may be
required by the Military Armistice Commission and the Neutral
Nations Supervisory Commission and their Teams.
i. Each construct, operate, and maintain a suitable
airfield in their respective parts of the Demilitarized Zone in
the vicinity of the headquarters of the Military Armistice
Commission, for such uses as the Commission may determine.
j. Insure that all members and other personnel of
the Neutral Nations Supervisory Commission and of the Neutral
Nations Repatriation Commission hereinafter established shall
enjoy the freedom and facilities necessary for the proper exercise
of their functions, including privileges, treatment, and
immunities equivalent to those ordinarily enjoyed by accredited
diplomatic personnel under intermational usage.
14. This Armistice Agreement shall apply to all opposing
ground forces under the military control of either side, which
ground forces shall respect the Demilitarized Zone and the area
of Korea under the military control of the opposing side.
15. This Armistice Agreement shall apply to all opposing
naval forces, which naval forces shall respect the waters
contiguous to the Demilitarized Zone and to the land area of
Korea under the military control of the opposing side, and shall
not engage in blockade of any kind of Korea.
16. This Armistice Agreement shall apply to all opposing
air forces, which air forces shall respect the air space over the
Demilitarized Zone and over the area of Korea under the military
control of the opposing side, and over the waters contiguous to
both.
1 See footnote 1, ante, p. 4.
LIBRARY
11
TIAS 2782
17. Responsibility for compliance with and enforcement of
the terms and provisions of this Armistice Agreement is that of
the signatories hereto and their successors in command. The
Commanders of the opposing sides shall establish within their
respective commands all measures and procedures necessary to
insure complete compliance with all of the provisions hereof by
all elements of their commands. They shall actively cooperate
with one another and with the Military Armistice Commission
and the Neutral Nations Supervisory Commission in requiring
observance of both the letter and the spirit of all of the provisions
of this Armistice Agreement.
18. The costs of the operations of the Military Armistice
Commission and of the Neutral Nations Supervisory Commission
and of their Teams shall be shared equally by the two opposing
sides.
B. MILITARY ARMISTICE COMMISSION
1. COMPOSITION
19. A Military Armistice Commission is hereby established.
20. The Military Armistice Commission shall be composed of
ten (10) senior officers, five (5) of whom shall be appointed by
the Commander-in-Chief, United Nations Command, and five
(5) of whom shall be appointed jointly by the Supreme
Commander of the Korean People's Army and the Commander
of the Chinese People's Volunteers. Of the ten members, three
(3) from each side shall be of general or flag rank. The two (2)
remaining members on each side may be major generals,
brigadier generals, colonels, or their equivalents.
21. Members of the Military Armistice Commission shall be
permitted to use staff assistants as required.
22. The Military Armistice Commission shall be provided
with the necessary administrative personnel to establish a
Secretariat charged with assisting the Commission by
performing record-keeping, secretarial, interpreting, and such
other functions as the Commission may assign to it. Each side
or
I
AIBRAQK
TIAS 2782
12
shall appoint to the Secretariat a Secretary and an Assistant
Secretary and such clerical and specialized personnel as required
by the Secretariat. Records shall be kept in English, Korean,
and Chinese, all of which shall be equally authentic.
23. a. The Military Armistice Commission shall be initially
provided with and assisted by ten (10) Joint Observer Teams,
which number may be reduced by agreement of the senior
members of both sides on the Military Armistice Commission.
b. Each Joint Observer Team shall be composed of not
less than four (4) nor more than six (6) officers of field grade,
half of whom shall be appointed by the Commander-in-Chief,
United Nations Command, and half of whom shall be appointed
jointly by the Supreme Commander of the Korean People's Army
and the Commander of the Chinese People's Volunteers.
Additional personnel such as drivers, clerks, and interpreters
shall be furnished by each side as required for the functioning
of the Joint Observer Teams.
2. FUNCTIONS AND AUTHORITY
24. The general mission of the Military Armistice
Commission shall be to supervise the implementation of this
Armistice Agreement and to settle through negotiations any
violations of this Armistice Agreement.
25. The Military Armistice Commission shall:
a. Locate its headquarters in the vicinity of
PANMUNJOM (37°57'29"N, 126°40'00"E). The Military
Armistice Commission may re-locate its headquarters at another
point within the Demilitarized Zone by agreement of the senior
members of both sides on the Commission.
b. Operate as a joint organization without a chairman.
c. Adopt such rules of procedure as it may, from time
to time, deem necessary.
d. Supervise the carrying out of the provisions of this
Armistice Agreement pertaining to the Demilitarized Zone and
to the Han River Estuary.
13
TIAS 2782
e. Direct the operations of the Joint Observer Teams.
f. Settle through negotiations any violations of this
Armistice Agreement.
g. Transmit immediately to the Commanders of the
opposing sides all reports of investigations of violations of this
Armistice Agreement and all other reports and records of
proceedings received from the Neutral Nations Supervisory
Commission.
h. Give general supervision and direction to the
activities of the Committee for Repatriation of Prisoners of
War and the Committee for Assisting the Return of Displaced
Civilians, hereinafter established.
i. Act as an intermediary in transmitting
communications between the Commanders of the opposing sides;
provided, however, that the foregoing shall not be construed to
preclude the Commanders of both sides from communicating
with each other by any other means which they may desire to
employ.
j. Provide credentials and distinctive insignia for its
staff and its Joint Observer Teams, and a distinctive marking for
all vehicles, aircraft, and vessels, used in the performance of its
mission.
26. The mission of the Joint Observer Teams shall be to
assist the Military Armistice Commission in supervising the
carrying out of the provisions of this Armistice Agreement
pertaining to the Demilitarized Zone and to the Han River
Estuary.
27. The Military Armistice Commission, or the senior
member of either side thereof, is authorized to dispatch Joint
Observer Teams to investigate violations of this Armistice
Agreement reported to have occurred in the Demilitarized Zone
or in the Han River Estuary; provided, however, that not more
than one half of the Joint Observer Teams which have not been
dispatched by the Military Armistice Commission may be
dispatched at any one time by the senior member of either side
on the Commission.
38566 0 - 53 - 3
FORD
is
LIBRAGE
TIAS 2782
14
28. The Military Armistice Commission, or the senior
member of either side thereof, is authorized to request the
Neutral Nations Supervisory Commission to conduct special
observations and inspections at places outside the Demilitarized
Zone where violations of this Armistice Agreement have been
reported to have occurred.
29. When the Military Armistice Commission determines
that a violation of this Armistice Agreement has occurred, it shall
immediately report such violation to the Commanders of the
opposing sides.
30. When the Military Armistice Commission determines that
a violation of this Armistice Agreement has been corrected to its
satisfaction, it shall so report to the Commanders of the opposing
sides.
3. GENERAL
31. The Military Armistice Commission shall meet daily.
Recesses of not to exceed seven (7) days may be agreed upon by
the senior members of both sides; provided, that such recesses
may be terminated on twenty-four (24) hour notice by the
senior member of either side.
32. Copies of the record of the proceedings of all meetings of
the Military Armistice Commission shall be forwarded to the
Commanders of the opposing sides as soon as possible after each
meeting.
33. The Joint Observer Teams shall make periodic reports
to the Military Armistice Commission as required by the
Commission and, in addition, shall make such special reports as
may be deemed necessary by them, or as may be required by
the Commission.
34. The Military Armistice Commission shall maintain
duplicate files of the reports and records of proceedings required
by this Armistice Agreement. The Commission is authorized to
maintain duplicate files of such other reports, records, etc., as
carneo FORD
15
TIAS 2782
may be necessary in the conduct of its business. Upon eventual
dissolution of the Commission, one set of the above files shall
be turned over to each side.
35. The Military Armistice Commission may make
recommendations to the Commanders of the opposing sides with
respect to amendments or additions to this Armistice Agreement,
Such recommended changes should generally be those designed
to insure a more effective armistice.
C. NEUTRAL NATIONS SUPERVISORY COMMISSION
1. COMPOSITION
36. A Neutral Nations Supervisory Commission is hereby
established.
37. The Neutral Nations Supervisory Commission shall be
composed of four (4) senior officers, two (2) of whom shall be
appointed by neutral nations nominated by the Commander-in-
Chief, United Nations Command, namely, SWEDEN and
SWITZERLAND, and two (2) of whom shall be appointed by
neutral nations nominated jointly by the Supreme Commander
of the Korean People's Army and the Commander of the
Chinese People's Volunteers, namely, POLAND and
CZECHOSLOVAKIA. The term "neutral nations" as herein
used is defined as those nations whose combatant forces have
not participated in the hostilities in Korea. Members appointed to
the Commission may be from the armed forces of the appointing
nations. Each member shall designate an alternate member to
attend those meetings which for any reason the principal
member is unable to attend. Such alternate members shall be
of the same nationality as their principals. The Neutral Nations
Supervisory Commission may take action whenever the number
of members present from the neutral nations nominated by one
side is equal to the number of members present from the neutral
nations nominated by the other side.
38. Members of the Neutral Nations Supervisory
Commission shall be permitted to use staff assistants furnished
by the neutral nations as required. These staff assistants may
be appointed as alternate members of the Commission.
ISED
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16
39. The neutral nations shall be requested to furnish the
Neutral Nations Supervisory Commission with the necessary
administrative personnel to establish a Secretariat charged with
assisting the Commission by performing necessary record-
keeping, secretarial, interpreting, and such other functions as
the Commission may assign to it.
40. a. The Neutral Nations Supervisory Commission shall
be initially provided with, and assisted by, twenty (20) Neutral
Nations Inspection Teams, which number may be reduced by
agreement of the senior members of both sides on the Military
Armistice Commission. The Neutral Nations Inspection Teams
shall be responsible to, shall report to, and shall be subject to the
direction of, the Neutral Nations Supervisory Commission only.
b. Each Neutral Nations Inspection Team shall be
composed of not less than four (4) officers, preferably of field
grade, half of whom shall be from the neutral nations nominated
by the Commander-in-Chief, United Nations Command, and
half of whom shall be from the neutral nations nominated
jointly by the Supreme Commander of the Korean People's Army
and the Commander of the Chinese People's Volunteers.
Members appointed to the Neutral Nations Inspection Teams
may be from the armed forces of the appointing nations. In
order to facilitate the functioning of the Teams, sub-teams
composed of not less than two (2) members, one of whom shall
be from a neutral nation nominated by the Commander-in-Chief,
United Nations Command, and one of whom shall be from
a neutral nation nominated jointly by the Supreme Commander
of the Korean People's Army and the Commander of
the Chinese People's Volunteers, may be formed as
circumstances require. Additional personnel such as drivers,
clerks, interpreters, and communications personnel, and such
equipment as may be required by the Teams to perform their
missions, shall be furnished by the Commander of each side, as
required, in the Demilitarized Zone and in the territory under
his military control. The Neutral Nations Supervisory
Commission may provide itself and the Neutral Nations
Inspection Teams with such of the above personnel and
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equipment of its own as it may desire; provided, however, that
such personnel shall be personnel of the same neutral nations
of which the Neutral Nations Supervisory Commission is
composed.
2. FUNCTIONS AND AUTHORITY
41. The mission of the Neutral Nations Supervisory
Commission shall be to carry out the functions of supervision,
observation, inspection, and investigation, as stipulated in
Sub-paragraphs 13c and 13d and Paragraph 28 hereof, and to
report the results of such supervision, observation, inspection,
and investigation to the Military Armistice Commission.
42. The Neutral Nations Supervisory Commission shall:
a. Locate its headquarters in proximity to the
headquarters of the Military Armistice Commission.
b. Adopt such rules of procedure as it may, from time
to time, deem necessary.
c. Conduct, through its members and its Neutral
Nations Inspection Teams, the supervision and inspection
provided for in Sub-paragraphs 13c and 13d of this Armistice
Agreement at the ports of entry enumerated in Paragraph 43
hereof, and the special observations and inspections provided
for in Paragraph 28 hereof at those places where violations of
this Armistice Agreement have been reported to have occurred.
The inspection of combat aircraft, armored vehicles, weapons,
and ammunition by the Neutral Nations Inspection Teams shall
be such as to enable them to properly insure that reinforcing
combat aircraft, armored vehicles, weapons, and ammunition
are not being introduced into Korea; but this shall not be
construed as authorizing inspections or examinations of any
secret designs or characteristics of any combat aircraft,
armored vehicle, weapon, or ammunition.
d. Direct and supervise the operations of the Neutral
Nations Inspection Teams.
e. Station five (5) Neutral Nations Inspection
Teams at the ports of entry enumerated in Paragraph 43
&
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18
hereof located in the territory under the military control of the
Commander-in-Chief, United Nations Command; and five (5)
Neutral Nations Inspection Teams at the ports of entry
enumerated in Paragraph 43 hereof located in the territory
under the military control of the Supreme Commander of the
Korean People's Army and the Commander of the Chinese
People's Volunteers; and establish initially ten (10) mobile
Neutral Nations Inspection Teams in reserve, stationed in the
general vicinity of the headquarters of the Neutral Nations
Supervisory Commission, which number may be reduced by
agreement of the senior members of both sides on the Military
Armistice Commission. Not more than half of the mobile
Neutral Nations Inspection Teams shall be dispatched at any
one time in accordance with requests of the senior member of
either side on the Military Armistice Commission.
f. Subject to the provisions of the preceding Sub-
paragraph, conduct without delay investigations of reported
violations of this Armistice Agreement, including such
investigations of reported violations of this Armistice
Agreement as may be requested by the Military Armistice
Commission or by the senior member of either side on the
Commission.
g. Provide credentials and distinctive insignia for its
staff and its Neutral Nations Inspection Teams, and a distinctive
marking for all vehicles, aircraft, and vessels, used in the
performance of its mission.
43. Neutral Nations Inspection Teams shall be stationed at
the following ports of entry:
Territory under the military control
Territory under the military control
of the United Nations Command
of the Korean People's Army and
the Chinese People's Volunteers
INCHON
(37*28'N, 126*38'E)
SINUIJU
(40°06'N, 124°24'E)
TAEGU
(35'52'N, 128'36'E)
CHONGJIN
(41°46'N, 129'49'E)
PUSAN
(35'06'N, 129'02'E)
HUNGNAM
(39°50'N, 12737'E)
KANGNUNG
(37'45'N, 128'54'E)
MANPO
(41°09'N, 126'18'E)
KUNSAN
(35*59'N, 126'43'E)
SINANJU
(39'36'N, 125'36'E)
These Neutral Nations Inspection Teams shall be accorded full
convenience of movement within the areas and over the routes of
communication set forth on the attached map (Map 5). [']
1 See footnote 1, ante, p. 4.
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3. GENERAL
44. The Neutral Nations Supervisory Commission shall
meet daily. Recesses of not to exceed seven (7) days may be
agreed upon by the members of the Neutral Nations Supervisory
Commission; provided, that such recesses may be terminated on
twenty-four (24) hour notice by any member.
45. Copies of the record of the proceedings of all meetings of
the Neutral Nations Supervisory Commission shall be forwarded
to the Military Armistice Commission as soon as possible after
each meeting. Records shall be kept in English, Korean, and
Chinese.
46. The Neutral Nations Inspection Teams shall make
periodic reports concerning the results of their supervision,
observations, inspections, and investigations to the Neutral
Nations Supervisory Commission as required by the Commission
and, in addition, shall make such special reports as may be
deemed necessary by them, or as may be required by the
Commission. Reports shall be submitted by a Team as a whole,
but may also be submitted by one or more individual members
thereof; provided, that the reports submitted by one or more
individual members thereof shall be considered as informational
only.
47. Copies of the reports made by the Neutral Nations
Inspection Teams shall be forwarded to the Military Armistice
Commission by the Neutral Nations Supervisory Commission
without delay and in the language in which received. They shall
not be delayed by the process of translation or evaluation. The
Neutral Nations Supervisory Commission shall evaluate such
reports at the earliest practicable time and shall forward their
findings to the Military Armistice Commission as a matter of
priority. The Military Armistice Commission shall not take
final action with regard to any such report until the evaluation
thereof has been received from the Neutral Nations Supervisory
Commission. Members of the Neutral Nations Supervisory
Commission and of its Teams shall be subject to appearance
before the Military Armistice Commission, at the request of the
senior member of either side on the Military Armistice
Commission, for clarification of any report submitted.
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48. The Neutral Nations Supervisory Commission shall
maintain duplicate files of the reports and records of proceedings
required by this Armistice Agreement. The Commission is
authorized to maintain duplicate files of such other reports,
records, etc., as may be necessary in the conduct of its business.
Upon eventual dissolution of the Commission, one set of the
above files shall be turned over to each side.
49. The Neutral Nations Supervisory Commission may
make recommendations to the Military Armistice Commission
with respect to amendments or additions to this Armistice
Agreement. Such recommended changes should generally be those
designed to insure a more effective armistice.
50. The Neutral Nations Supervisory Commission, or any
member thereof, shall be authorized to communicate with any
member of the Military Armistice Commission.
ARTICLE III
ARRANGEMENTS RELATING TO PRISONERS OF WAR
51. The release and repatriation of all prisoners of war
held in the custody of each side at the time this Armistice
Agreement becomes effective shall be effected in conformity
with the following provisions agreed upon by both sides prior
to the signing of this Armistice Agreement.
a. Within sixty (60) days after this Armistice Agreement
becomes effective, each side shall, without offering any hindrance,
directly repatriate and hand over in groups all those prisoners of
war in its custody who insist on repatriation to the side to
which they belonged at the time of capture. Repatriation shall
be accomplished in accordance with the related provisions of this
Article. In order to expedite the repatriation process of such
personnel, each side shall, prior to the signing of the Armistice
Agreement, exchange the total numbers, by nationalities, of
personnel to be directly repatriated. Each group of prisoners
of war delivered to the other side shall be accompanied by
rosters, prepared by nationality, to include name, rank (if any)
and internment or military serial number.
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b. Each side shall release all those remaining prisoners
of war, who are not directly repatriated, from its military control
and from its custody and hand them over to the Neutral Nations
Repatriation Commission for disposition in accordance with the
provisions in the Annex hereto: "Terms of Reference for Neutral
Nations Repatriation Commission."
c. So that there may be no misunderstanding owing to
the equal use of three languages, the act of delivery of a prisoner
of war by one side to the other side shall, for the purposes of this
Armistice Agreement, be called "repatriation" in English,
" " (SONG HWAN) in Korean, and " ill "
(CH'IEN FAN) in Chinese, notwithstanding the nationality or
place of residence of such prisoner of war.
52. Each side insures that it will not employ in acts of war
in the Korean conflict any prisoner of war released and
repatriated incident to the coming into effect of this Armistice
Agreement.
53. All the sick and injured prisoners of war who insist
upon repatriation shall be repatriated with priority. Insofar as
possible, there shall be captured medical personnel repatriated
concurrently with the sick and injured prisoners of war, so as to
provide medical care and attendance en route.
54. The repatriation of all of the prisoners of war required by
Sub-paragraph 51a hereof shall be completed within a time limit
of sixty (60) days after this Armistice Agreement becomes
effective. Within this time limit each side undertakes to
complete the repatriation of the above-mentioned prisoners of
war in its custody at the earliest practicable time.
55. PANMUNJOM is designated as the place where
prisoners of war will be delivered and received by both sides.
Additional place(s) of delivery and reception of prisoners of
war in the Demilitarized Zone may be designated, if necessary,
by the Committee for Repatriation of Prisoners of War.
56. a. A Committee for Repatriation of Prisoners of War
is hereby established. It shall be composed of six (6) officers of
field grade, three (3) of whom shall be appointed by the
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22
Commander-in-Chief, United Nations Command, and three (3)
of whom shall be appointed jointly by the Supreme Commander of
the Korean People's Army and the Commander of the Chinese
People's Volunteers. This Committee shall, under the general
supervision and direction of the Military Armistice Commission,
be responsible for coordinating the specific plans of both sides for
the repatriation of prisoners of war and for supervising the
execution by both sides of all of the provisions of this Armistice
Agreement relating to the repatriation of prisoners of war. It
shall be the duty of this Committee to coordinate the timing of the
arrival of prisoners of war at the place(s) of delivery and
reception of prisoners of war from the prisoner of war camps of
both sides; to make, when necessary, such special arrangements
as may be required with regard to the transportation and welfare
of sick and injured prisoners of war; to coordinate the work of
the joint Red Cross teams, established in Paragraph 57 hereof,
in assisting in the repatriation of prisoners of war; to supervise
the implementation of the arrangements for the actual
repatriation of prisoners of war stipulated in Paragraphs 53
and 54 hereof; to select, when necessary, additional place(s)
of delivery and reception of prisoners of war; to arrange
for security at the place(s) of delivery and reception of
prisoners of war; and to carry out such other related functions
as are required for the repatriation of prisoners of war.
b. When unable to reach agreement on any matter
relating to its responsibilities, the Committee for Repatriation
of Prisoners of War shall immediately refer such matter to the
Military Armistice Commission for decision. The Committee
for Repatriation of Prisoners of War shall maintain its
headquarters in proximity to the headquarters of the Military
Armistice Commission.
c. The Committee for Repatriation of Prisoners of War
shall be dissolved by the Military Armistice Commission upon
completion of the program of repatriation of prisoners of war.
57. a. Immediately after this Armistice Agreement
becomes effective, joint Red Cross teams composed of
representatives of the national Red Cross Societies of the
countries contributing forces to the United Nations Command
on the one hand, and representatives of the Red Cross Society
of the Democratic People's Republic of Korea and representatives
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TIAS 2782
of the Red Cross Society of the People's Republic of China on the
other hand, shall be established. The joint Red Cross teams shall
assist in the execution by both sides of those provisions of this
Armistice Agreement relating to the repatriation of all the
prisoners of war specified in Sub-paragraph 51a hereof, who
insist upon repatriation, by the performance of such
humanitarian services as are necessary and desirable for the
welfare of the prisoners of war. To accomplish this task, the
joint Red Cross teams shall provide assistance in the delivering
and receiving of prisoners of war by both sides at the place(s)
of delivery and reception of prisoners of war, and shall visit the
prisoner of war camps of both sides to comfort the prisoners of
war and to bring in and distribute gift articles for the comfort
and welfare of the prisoners of war. The joint Red Cross teams
may provide services to prisoners of war while en route from
prisoner of war camps to the place(s) of delivery and reception
of prisoners of war.
b. The joint Red Cross teams shall be organized as set
forth below:
(1) One team shall be composed of twenty (20)
members, namely, ten (10) representatives from the national Red
Cross Societies of each side, to assist in the delivering and
receiving of prisoners of war by both sides at the place(s) of
delivery and reception of prisoners of war. The chairmanship of
this team shall alternate daily between representatives from the
Red Cross Societies of the two sides. The work and services of
this team shall be coordinated by the Committee for Repatriation
of Prisoners of War.
(2) One team shall be composed of sixty (60)
members, namely, thirty (30) representatives from the national
Red Cross Societies of each side, to visit the prisoner of war
camps under the administration of the Korean People's Army
and the Chinese People's Volunteers. This team may provide
services to prisoners of war while en route from the prisoner
of war camps to the place(s) of delivery and reception of
prisoners of war. A representative of the Red Cross Society
of the Democratic People's Republic of Korea or of the Red Cross
Society of the People's Republic of China shall serve as chairman
of this team.
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24
(3) One team shall be composed of sixty (60)
members, namely, thirty (30) representatives from the national
Red Cross Societies of each side, to visit the prisoner of war
camps under the administration of the United Nations Command.
This team may provide services to prisoners of war while
en route from the prisoner of war camps to the place(s) of
delivery and reception of prisoners of war. A representative of a
Red Cross Society of a nation contributing forces to the United
Nations Command shall serve as chairman of this team.
(4) In order to facilitate the functioning of each
joint Red Cross team, sub-teams composed of not less than two (2)
members from the team, with an equal number of representatives
from each side, may be formed as circumstances require.
(5) Additional personnel such as drivers, clerks,
and interpreters, and such equipment as may be required by the
joint Red Cross teams to perform their missions, shall be
furnished by the Commander of each side to the team operating
in the territory under his military control.
(6) Whenever jointly agreed upon by the
representatives of both sides on any, joint Red Cross team, the
size of such team may be increased or decreased, subject to
confirmation by the Committee for Repatriation of Prisoners
of War.
c. The Commander of each side shall cooperate fully
with the joint Red Cross teams in the performance of their
functions, and undertakes to insure the security of the personnel
of the joint Red Cross team in the area under his military
control. The Commander of each side shall provide such
logistic, administrative, and communications facilities as may be
required by the team operating in the territory under his
military control.
d. The joint Red Cross teams shall be dissolved upon
completion of the program of repatriation of all the prisoners of
war specified in Sub-paragraph 51a hereof, who insist upon
repatriation.
58. a. The Commander of each side shall furnish to the
Commander of the other side as soon as practicable, but not later
than ten (10) days after this Armistice Agreement becomes
GERANA FORD
25
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effective, the following information concerning prisoners
of war:
(1) Complete data pertaining to the prisoners of
war who escaped since the effective date of the data last
exchanged.
(2) Insofar as practicable, information regarding
name, nationality, rank, and other identification data, date and
cause of death, and place of burial, of those prisoners of war who
died while in his custody.
b. If any prisoners of war escape or die after the
effective date of the supplementary information specified above,
the detaining side shall furnish to the other side, through the
Committee for Repatriation of Prisoners of War, the data
pertaining thereto in accordance with the provisions of
Sub-paragraph 58a hereof. Such data shall be furnished at ten-day
intervals until the completion of the program of delivery and
reception of prisoners of war.
c. Any escaped prisoner of war who returns to the
custody of the detaining side after the completion of the
program of delivery and reception of prisoners of war shall be
delivered to the Military Armistice Commission for disposition.
59. a. All civilians who, at the time this Armistice
Agreement becomes effective, are in territory under the military
control of the Commander-in-Chief, United Nations Command,
and who, on 24 June 1950, resided north of the Military
Demarcation Line established in this Armistice Agreement shall,
if they desire to return home, be permitted and assisted by the
Commander-in-Chief, United Nations Command, to return to
the area north of the Military Demarcation Line; and all
civilians who, at the time this Armistice Agreement becomes
effective, are in territory under the military control of the
Supreme Commander of the Korean People's Army and the
Commander of the Chinese People's Volunteers, and who, on
24 June 1950, resided south of the Military Demarcation Line
established in this Armistice Agreement shall, if they desire to
return home, be permitted and assisted by the Supreme
Commander of the Korean People's Army and the Commander
of the Chinese People's Volunteers to return to the area south
roukm
THE
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26
of the Military Demarcation Line. The Commander of each
side shall be responsible for publicizing widely throughout
territory under his military control the contents of the provisions
of this Sub-paragraph, and for calling upon the appropriate
civil authorities to give necessary guidance and assistance to all
such civilians who desire to return home.
b. All civilians of foreign nationality who, at the time this
Armistice Agreement becomes effective, are in territory under the
military control of the Supreme Commander of the Korean
People's Army and the Commander of the Chinese People's
Volunteers shall, if they desire to proceed to territory under the
military control of the Commander-in-Chief, United Nations
Command, be permitted and assisted to do so; all civilians of
foreign nationality who, at the time this Armistice Agreement
becomes effective, are in territory under the military control of
the Commander-in-Chief, United Nations Command, shall, if
they desire to proceed to territory under the military control of
the Supreme Commander of the Korean People's Army and the
Commander of the Chinese People's Volunteers, be permitted
and assisted to do so. The Commander of each side shall be
responsible for publicizing widely throughout the territory under
his military control the contents of the provisions of this
Sub-paragraph, and for calling upon the appropriate civil
authorities to give necessary guidance and assistance to all such
civilians of foreign nationality who desire to proceed to territory
under the military control of the Commander of the other side.
c. Measures to assist in the return of civilians provided
for in Sub-paragraph 59a hereof and the movement of civilians
provided for in Sub-paragraph 59b hereof shall be commenced by
both sides as soon as possible after this Armistice Agreement
becomes effective.
d. (1) A Committee for Assisting the Return of
Displaced Civilians is hereby established. It shall be composed
of four (4) officers of field grade, two (2) of whom shall be
appointed by the Commander in - Chief, United Nations
Command, and two (2) of whom shall be appointed jointly by
the Supreme Commander of the Korean People's Army and
the Commander of the Chinese People's Volunteers. This
:
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Committee shall, under the general supervision and direction of
the Military Armistice Commission, be responsible for
coordinating the specific plans of both sides for assistance to the
return of the above-mentioned civilians, and for supervising the
execution by both sides of all of the provisions of this
Armistice Agreement relating to the return of the
above - mentioned civilians. It shall be the duty of this
Committee to make necessary arrangements, including those of
transportation, for expediting and coordinating the movement
of the above-mentioned civilians; to select the crossing point(
through which the above-mentioned civilians will cross the
Military Demarcation Line; to arrange for security at the
crossing point(s) ; and to carry out such other functions as are
required to accomplish the return of the above-mentioned
civilians.
(2) When unable to reach agreement on any
matter relating to its responsibilities, the Committee for
Assisting the Return of Displaced Civilians shall immediately
refer such matter to the Military Armistice Commission for
decision. The Committee for Assisting the Return of Displaced
Civilians shall maintain its headquarters in proximity to the
headquarters of the Military Armistice Commission.
(3) The Committee for Assisting the Return of
Displaced Civilians shall be dissolved by the Military Armistice
Commission upon fulfillment of its mission.
ARTICLE IV
RECOMMENDATION TO THE GOVERNMENTS
CONCERNED ON BOTH SIDES
60. In order to insure the peaceful settlement of the Korean
question, the military Commanders of both sides hereby
recommend to the governments of the countries concerned on
both sides that, within three (3) months after the Armistice
Agreement is signed and becomes effective, a political conference
of a higher level of both sides be held by representatives
appointed respectively to settle through negotiation the questions
of the withdrawal of all foreign forces from Korea, the peaceful
settlement of the Korean question, etc.
TIAS 2782
28
ARTICLE V
MISCELLANEOUS
61. Amendments and additions to this Armistice Agreement
must be mutually agreed to by the Commanders of the opposing
sides.
62. The Articles and Paragraphs of this Armistice
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.
63. All of the provisions of this Armistice Agreement, other
than Paragraph 12, shall become effective at 2200 hours
on 27 JULY
1953.
Done at Panmunjom, Korea, at 1000 /
hours on the
27th day of JULY , 1953, in English, Korean, and
Chinese, all texts being equally authentic.
7½
Affictro
KIM IL SUNG
PENG TEH-HUAI MARK W. CLARK
Marshal, Democratic
Commander,
General, United States
People's Republic
Chinese People's
Army
of Korea
Volunteers
Commander-in-Chief,
Supreme Commander,
United Nations
Korean People's Army
Command
PRESENT
W.K.Hamisan
NAM IL
WILLIAM K. HARRISON, JR.
General, Korean People's Army
Lieutenant General, United States
Senior Delegate,
Army
Delegation of the Korean People's
Senior Delegate,
Army and the Chinese People's United Nations Command Delegation
Volunteers
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ANNEX
TERMS OF REFERENCE
FOR
NEUTRAL NATIONS REPATRIATION COMMISSION
(See Sub-paragraph 51b)
I
GENERAL
1. In order to ensure that all prisoners of war have the
opportunity to exercise their right to be repatriated following an
armistice, Sweden, Switzerland, Poland, Czechoslovakia and
India shall each be requested by both sides to appoint a member to
a Neutral Nations Repatriation Commission which shall be
established to take custody in Korea of those prisoners of war
who, while in the custody of the detaining powers, have not
exercised their right to be repatriated. The Neutral Nations
Repatriation Commission shall establish its headquarters within
the Demilitarized Zone in the vicinity of Panmunjom, and shall
station subordinate bodies of the same composition as the Neutral
Nations Repatriation Commission at those locations at which the
Repatriation Commission assumes custody of prisoners of war.
Representatives of both sides shall be permitted to observe the
operations of the Repatriation Commission and its subordinate
bodies to include explanations and interviews.
2. Sufficient armed forces and any other operating
personnel required to assist the Neutral Nations Repatriation
Commission in carrying out its functions and responsibilities
shall be provided exclusively by India, whose representative shall
be the umpire in accordance with the provisions of Article 132
of the Geneva Convention, and shall also be chairman and
executive agent of the Neutral Nations Repatriation Commission.
Representatives from each of the other four powers shall be
allowed staff assistants in equal number not to exceed fifty (50)
each. When any of the representatives of the neutral nations is
absent for some reason, that representative shall designate an
alternate representative of his own nationality to exercise his
functions and authority. The arms of all personnel provided for
in this Paragraph shall be limited to military police type small
arms.
38566 o 53 - 5
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3. No force or threat of force shall be used against the
prisoners of war specified in Paragraph 1 above to prevent or
effect their repatriation, and no violence to their persons or
affront to their dignity or self-respect shall be permitted in any
manner for any purpose whatsoever (but see Paragraph 7
below). This duty is enjoined on and entrusted to the Neutral
Nations Repatriation Commission. This Commission shall
ensure that prisoners of war shall at all times be treated
humanely in accordance with the specific provisions of the
Geneva Convention, and with the general spirit of that
Convention.
II
CUSTODY OF PRISONERS OF WAR
4. All prisoners of war who have not exercised their right of
repatriation following the effective date of the Armistice
Agreement shall be released from the military control and from
the custody of the detaining side as soon as practicable, and, in
all cases, within sixty (60) days subsequent to the effective date
of the Armistice Agreement to the Neutral Nations Repatriation
Commission at locations in Korea to be designated by the
detaining side.
5. At the time the Neutral Nations Repatriation
Commission assumes control of the prisoner of war installations,
the military forces of the detaining side shall be withdrawn
therefrom, so that the locations specified in the preceding
Paragraph shall be taken over completely by the armed forces
of India.
6. Notwithstanding the provisions of Paragraph 5 above,
the detaining side shall have the responsibility for maintaining
and ensuring security and order in the areas around the locations
where the prisoners of war are in custody and for preventing and
restraining any armed forces (including irregular armed forces)
in the area under its control from any acts of disturbance and
intrusion against the locations where the prisoners of war are
in custody.
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7. Notwithstanding the provisions of Paragraph 3 above,
nothing in this agreement shall be construed as derogating from
the authority of the Neutral Nations Repatriation Commission
to exercise its legitimate functions and responsibilities for the
control of the prisoners of war under its temporary jurisdiction.
III
EXPLANATION
8. The Neutral Nations Repatriation Commission, after
having received and taken into custody all those prisoners of war
who have not exercised their right to be repatriated, shall
immediately make arrangements so that within ninety (90)
days after the Neutral Nations Repatriation Commission takes
over the custody, the nations to which the prisoners of war
belong shall have freedom and facilities to send representatives
to the locations where such prisoners of war are in custody to
explain to all the prisoners of war depending upon these nations
their rights and to inform them of any matters relating to their
return to their homelands, particularly of their full freedom to
return home to lead a peaceful life, under the following
provisions:
a. The number of such explaining representatives shall
not exceed seven (7) per thousand prisoners of war held in
custody by the Neutral Nations Repatriation Commission; and
the minimum authorized shall not be less than a total of five (5) ;
b. The hours during which the explaining
representatives shall have access to the prisoners shall be as
determined by the Neutral Nations Repatriation Commission,
and generally in accord with Article 53 of the Geneva Convention
Relative to the Treatment of Prisoners of War;
c. All explanations and interviews shall be conducted in
the presence of a representative of each member nation of the
Neutral Nations Repatriation Commission and a representative
from the detaining side;
d. Additional provisions governing the explanation
work shall be prescribed by the Neutral Nations Repatriation
FORD
TIAS 2782
32
Commission, and will be designed to employ the principles
enumerated in Paragraph 3 above and in this Paragraph;
e. The explaining representatives, while engaging in
their work, shall be allowed to bring with them necessary
facilities and personnel for wireless communications. The
number of communications personnel shall be limited to one
team per location at which explaining representatives are in
residence, except in the event all prisoners of war are
concentrated in one location, in which case, two (2) teams shall
be permitted. Each team shall consist of not more than six (6)
communications personnel.
9. Prisoners of war in its custody shall have freedom and
facilities to make representations and communications to the
Neutral Nations Repatriation Commission and to representatives
and subordinate bodies of the Neutral Nations Repatriation
Commission and to inform them of their desires on any matter
concerning the prisoners of war themselves, in accordance with
arrangements made for the purpose by the Neutral Nations
Repatriation Commission.
IV
DISPOSITION OF PRISONERS OF WAR
10. Any prisoner of war who, while in the custody of
the Neutral Nations Repatriation Commission, decides to exercise
the right of repatriation, shall make an application requesting
repatriation to a body consisting of a representative of each
member nation of the Neutral Nations Repatriation Commission.
Once such an application is made, it shall be considered
immediately by the Neutral Nations Repatriation Commission
or one of its subordinate bodies so as to determine immediately
by majority vote the validity of such application. Once such an
application is made to and validated by the Commission or one
of its subordinate bodies, the prisoner of war concerned shall
immediately be transferred to and accommodated in the tents
set up for those who are ready to be repatriated. Thereafter,
he shall, while still in the custody of the Neutral Nations
FORD
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TIAS 2782
Repatriation Commission, be delivered forthwith to the prisoner
of war exchange point at Panmunjom for repatriation under
the procedure prescribed in the Armistice Agreement.
11. At the expiration of ninety (90) days after the transfer
of custody of the prisoners of war to the Neutral Nations
Repatriation Commission, access of representatives to captured
personnel as provided for in Paragraph 8 above, shall terminate,
and the question of disposition of the prisoners of war who have
not exercised their right to be repatriated shall be submitted to the
Political Conference recommended to be convened in Paragraph
60, Draft Armistice Agreement, which shall endeavor to settle
this question within thirty (30) days, during which period the
Neutral Nations Repatriation Commission shall continue to
retain custody of those prisoners of war. 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. Thereafter, according to the application of each
individuai, those who choose to go to neutral nations shall be
assisted by the Neutral Nations Repatriation Commission and the
Red Cross Society of India. This operation shall be completed
within thirty (30) days, and upon its completion, the Neutral
Nations Repatriation Commission shall immediately cease its
functions and declare its dissolution. After the dissolution of the
Neutral Nations Repatriation Commission, whenever and
wherever any of those above-mentioned civilians who have been
relieved from the prisoner of war status desire to return to their
fatherlands, the authorities of the localities where they are shall
be responsible for assisting them in returning to their fatherlands.
V
RED CROSS VISITATION
12. Essential Red Cross service for prisoners of war in
custody of the Neutral Nations Repatriation Commission
shall be provided by India in accordance with regulations issued
by the Neutral Nations Repatriation Commission.
FORD
TIAS 2782
34
VI
PRESS COVERAGE
13. The Neutral Nations Repatriation Commission shall
insure freedom of the press and other news media in observing
the entire operation as enumerated herein, in accordance with
procedures to be established by the Neutral Nations
Repatriation Commission.
VII
LOGISTICAL SUPPORT FOR PRISONERS OF WAR
14. Each side shall provide logistical support for the
prisoners of war in the area under its military control, delivering
required support to the Neutral Nations Repatriation
Commission at an agreed delivery point in the vicinity of each
prisoner of war installation.
15. The cost of repatriating prisoners of war to the
exchange point at Panmunjom shall be borne by the detaining
side and the cost from the exchange point by the side on which
said prisoners depend, in accordance with Article 118 of the
Geneva Convention.
16. The Red Cross Society of India shall be responsible for
providing such general service personnel in the prisoner of war
installations as required by the Neutral Nations Repatriation
Commission.
17. The Neutral Nations Repatriation Commission shall
provide medical support for the prisoners of war as may be
practicable. The detaining side shall provide medical support as
practicable upon the request of the Neutral Nations Repatriation
Commission and specifically for those cases requiring extensive
treatment or hospitalization. The Neutral Nations Repatriation
Commission shall maintain custody of prisoners of war during
such hospitalization. The detaining side shall facilitate such
custody. Upon completion of treatment, prisoners of war shall
be returned to a prisoner of war installation as specified in
Paragraph 4 above.
FORD
35
TIAS 2782
18. The Neutral Nations Repatriation Commission is
entitled to obtain from both sides such legitimate assistance
as it may require in carrying out its duties and tasks, but both
sides shall not under any name and in any form interfere or
exert influence.
VIII
LOGISTICAL SUPPORT FOR THE NEUTRAL NATIONS
REPATRIATION COMMISSION
19. Each side shall be responsible for providing logistical
support for the personnel of the Neutral Nations Repatriation
Commission stationed in the area under its military control, and
both sides shall contribute on an equal basis to such support
within the Demilitarized Zone. The precise arrangements shall
be subject to determination between the Neutral Nations
Repatriation Commission and the detaining side in each case.
20. Each of the detaining sides shall be responsible for
protecting the explaining representatives from the other side
while in transit over lines of communication within its area, as
set forth in Paragraph 23 for the Neutral Nations Repatriation
Commission, to a place of residence and while in residence in the
vicinity of but not within each of the locations where the
prisoners of war are in custody. The Neutral Nations
Repatriation Commission shall be responsible for the security of
such representatives within the actual limits of the locations
where the prisoners of war are in custody.
21. Each of the detaining sides shall provide transportation,
housing, communication, and other agreed logistical support to
the explaining representatives of the other side while they are in
the area under its military control. Such services shall be
provided on a reimbursable basis.
IX
PUBLICATION
22. After the Armistice Agreement becomes effective, the
terms of this agreement shall be made known to all prisoners of
war who, while in the custody of the detaining side, have not
exercised their right to be repatriated.
FORD
sansao
TEMPORARY AGREEMENT SUPPLEMENTARY TO THE
ARMISTICE AGREEMENT
In order to meet the requirements of the disposition of
the prisoners of war not for direct repatriation in accordance
with the provisions of the Terms of Reference for Neutral
Nations Repatriation Commission, the Commander-in-Chief, United
Nations Command, on the one hand, and the Supreme Commander of
the Korean People's Army and the Commander of the Chinese People's
Volunteers, on the other hand, in pursuance of the provisions in
Paragraph 61, Article V of the Agreement concerning a military
armistice in Korea, agree to conclude the following Temporary
Agreement supplementary to the Armistice Agreement:
1. Under the provisions of Paragraphs 4 and 5, Article II
of the Terms of Reference for Neutral Nations Repatriation
Commission, the United Nations Command has the right to
designate the area between the Military Demarcation Line and
the eastern and southern boundaries of the Demilitarized
Zone between the Imjin River on the south and the road leading
south from Okum-ni on the northeast (the main road leading
southeast from Panmunjom not included), as the area within
which the United Nations Command will turn over the prisoners
of war, who are not directly repatriated and whom the United
Nations Command has the responsibility for keeping under its
custody, to the Neutral Nations Repatriation Commission and
the armed forces of India for custody. The United Nations
Command shall, prior to the signing of the Armistice Agreement,
inform the side of the Korean People's Army and the Chinese
People's Volunteers of the approximate figures by nationality
of such prisoners of war held in its custody.
2. If there are prisoners of war under their custody
who request not to be directly repatriated, the Korean People's
Army and the Chinese People's Volunteers have the right to
designate the area in the vicinity of Panmunjom between the
Military Demarcation Line and the western and northern boundaries
(117)
2
FOND
cansio
AIBRASK
TIAS 2782
118
of the Demilitarized Zone, as the area within which such
prisoners of war will be turned over to the Neutral Nations
Repatriation Commission and the armed forces of India for
custody. After knowing that there are prisoners of war under
their custody who request not to be directly repatriated, the
Korean People's Army and the Chinese People's Volunteers shall
inform the United Nations Command side of the approximate
figures by nationality of such prisoners of war.
3. In accordance with Paragraphs 8, 9 and 10, Article I
of the Armistice Agreement, the following paragraphs are hereby
provided:
a. After the cease-fire comes into effect, unarmed
personnel of each side shall be specifically authorized by
the Military Armistice Commission to enter the above-mentioned
area designated by their own side to perform necessary
construction operations. None of such personnel shall remain
in the above-mentioned areas upon the completion of the
construction operations.
b. A definite number of prisoners of war as decided
upon by both sides, who are in the respective custody of both
sides and who are not directly repatriated, shall be
specifically authorized by the Military Armistice Commission
to be escorted respectively by a certain number of armed
forces of the detaining sides to the above-mentioned areas
of custody designated respectively by both sides to be turned
over to the Neutral Nations Repatriation Commission and the
armed forces of India for custody. After the prisoners of
war have been taken over, the armed forces of the detaining
sides shall be withdrawn immediately from the areas of
custody to the area under the control of their own side.
c. The personnel of the Neutral Nations Repatriation
Commission and its subordinate bodies, the armed forces of
India, the Red Cross Society of India, the explaining
representatives end observation representatives of both sides,
FORD
CENALD
LIBRARD
119
TIAS 2782
as well as the required material and equipment, for exercising
the functions provided for in the Terms of Reference for
Neutral Nations Repatriation Commission shall be specifically
authorized by the Military Arristice Commission to have
the complete freedom of movement to, from, and within the
above-mentioned areas designated respectively by both sides
for the custody of prisoners of war.
4. The provisions of Sub-paragraph 30 OI this agreement
shall not be construed as derogating from the privileges
enjoyed by those personnel mentioned above under Paragraph 11,
Article I of the Armistice Agreement.
5. This Agreement shall be abrogated upon the completion
of the mission provided for in the Terms of Reference for
Neutral Nations Repatriation Commission.
Done at Panmunjom, Korea, at 1000
hours on the
27th day of JULY . 1953, in English, Korean, and
Chinese, all texts being equally authentic.
MarkW.eland
KIM IL SUNG
PENG TEH-HUAI
MARK W. CLARK
Marshal, Democratic
Commander,
General, United States
People's Republic
Chinese People's
Army
of Korea
Volunteers
Commander-in-Chief,
Supreme Commander,
United Nations
Korean People's Army
Cormand
PRESENT
Mid.,
W K Hausan
NAM IL
WILLIAM K. HARRISON, JR.
General, Korean People's Army
Lieutenant General, United States
Senior Delegate,
Army
Delegation of the Korean People's
Senior Delegate,
Army and the Chinese People's
United Nations Command Delegation
Volunteers
062440 B. FORD
1H
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Presidential Libraries Withdrawal Sheet
WITHDRAWAL ID 033287
REASON FOR WITHDRAWAL
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TYPE OF MATERIAL
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CREATION DATE
09/26/1973
VOLUME
16 pages
COLLECTION/SERIES/FOLDER ID
033700429
COLLECTION TITLE
NATIONAL SECURITY ADVISER. NSC EAST
ASIAN AND PACIFIC AFFAIRS STAFF FILES
BOX NUMBER
24
FOLDER TITLE
Senior Review Group Meeting, February
15, 1974 (Korea) (2)
DATE WITHDRAWN
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1I
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Presidential Libraries Withdrawal Sheet
WITHDRAWAL ID 033286
REASON FOR WITHDRAWAL
ÇNational security restriction
TYPE OF MATERIAL
ÇReport
TITLE
Political and Diplomatic Implications
of Converting the US Second Infantry
Division to a More Mobile
Configuration
CREATION DATE
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VOLUME
7 pages
COLLECTION/SERIES/FOLDER ID
033700429
COLLECTION TITLE
NATIONAL SECURITY ADVISER. NSC EAST
ASIAN AND PACIFIC AFFAIRS STAFF FILES
BOX NUMBER
24
FOLDER TITLE
Senior Review Group Meeting, February
15, 1974 (Korea) (2)
DATE WITHDRAWN
04/18/2011
WITHDRAWING ARCHIVIST
TMH