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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OCR Page 1 of 6Management
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
Relations
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