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SECRET /EXDIS
Page 4 of 5, Enclosure
Tokyo A-120
3. In the case of the strengthening of the functions of the present ICC
(1) In the case of its becoming an organ which is given the authority
to take military compulsory measures for the realization of an armistice agreement
(a) Possibility of our country's participation
Our country's position, which has been clarified from the past, is
that in the case of a supervisory organ which is invested with the mission
and authority for attaining the objectives of maintaining and securing peace
N
with methods *********** which do not include the using of armed force, the
our country's participation in such an organ will not be a violation of the
Constitution,
Viewed from this position, our country's participation will raise
doubts from the Constitutional standpoint, in the case of assuming an organ
which is permitted to take military compulsory measures. Furthermore, an organ
which is given such an authority is considered to deviate from the
concept of
a so-called supervisory organ, and to have the nature of an international
police force, a defense force or a peace maintenance force.
However, if a peace-maintenance force -type organization which
12
stablished
is given the authority to take military compulsory measures separately
from
the supervisory organ, and if it takes the form of going into action, at the
request of the supervisory organ, in the case of the arising of violations of
the armistice agreement, it should not be regarded as a violation of the Con-
stitution for our country to dispatch persons to this ME supervisory organ
itself. of course, it goes without saying, that in this case, too, the form
of participation will be to dispatch personnel who are given the status of
Foreign Ministry personnel.
SECRET
Reproduced at the Nixon Library DECLASSIFIED This document has been reviewed pursuant to E.O. 13526 and has been determined to be declassified
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"ocrText": "SECRET /EXDIS\nPage 4 of 5, Enclosure\nTokyo A-120\n3. In the case of the strengthening of the functions of the present ICC\n(1) In the case of its becoming an organ which is given the authority\nto take military compulsory measures for the realization of an armistice agreement\n(a) Possibility of our country's participation\nOur country's position, which has been clarified from the past, is\nthat in the case of a supervisory organ which is invested with the mission\nand authority for attaining the objectives of maintaining and securing peace\nN\nwith methods *********** which do not include the using of armed force, the\nour country's participation in such an organ will not be a violation of the\nConstitution,\nViewed from this position, our country's participation will raise\ndoubts from the Constitutional standpoint, in the case of assuming an organ\nwhich is permitted to take military compulsory measures. Furthermore, an organ\nwhich is given such an authority is considered to deviate from the\nconcept of\na so-called supervisory organ, and to have the nature of an international\npolice force, a defense force or a peace maintenance force.\nHowever, if a peace-maintenance force -type organization which\n12\nstablished\nis given the authority to take military compulsory measures separately\nfrom\nthe supervisory organ, and if it takes the form of going into action, at the\nrequest of the supervisory organ, in the case of the arising of violations of\nthe armistice agreement, it should not be regarded as a violation of the Con-\nstitution for our country to dispatch persons to this ME supervisory organ\nitself. of course, it goes without saying, that in this case, too, the form\nof participation will be to dispatch personnel who are given the status of\nForeign Ministry personnel.\nSECRET\nReproduced at the Nixon Library DECLASSIFIED This document has been reviewed pursuant to E.O. 13526 and has been determined to be declassified"
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