by the Colonel. They would like to submit later on-they have not had an opportunity-figures along the same line as to the incidence of numbers of those captured and the numbers of those participating. There isn't any intent, I am sure the Colonel would be the first to confirm, of any implication of odious comparisons. These figures aren't very firm to draw conclusions. But to round out the record I would like to request when they are prepared merely to submit them to you, sir, for rounding out the record. The CHAIRMAN. They may be submitted, and if prepared in such form as to permit it, they will be inserted in the record immediately following the Colonel's testimony. That will give some continuity to the reading of the record.3 Mr. JACKSON. Thank you. The CHAIRMAN. All right, Colonel, state your name, rank and position and so forth, please. TESTIMONY OF LT. COL. ROBERT F. GRABB, INTERNATIONAL AFFAIRS DIVISION, OFFICE OF THE JUDGE ADVOCATE GENERAL, UNITED STATES ARMY Colonel GRABB. My name is Lt. Col. Robert F. Grabb, and I am in the International Affairs Division of the Office of the Judge Advocate General of the Army. I am here not as one experienced in the Korean episode, but with two propositions; first, to point out to the committee for the record the legal status of the four Geneva Conventions during the Korean conflict and, second, to indicate those articles of the convention which may or may not bear upon the topic into which your committee is inquiring, sir. Having heard you before, I have discussed the matter with the staff and am prepared to proceed if you wish. The CHAIRMAN. All right. Mr. Kennedy. Mr. KENNEDY. What was the situation as far as the Geneva Convention was concerned regarding prisoners of war in the war in Korea? Colonel GRABB. Geneva Convention was not recognized as being legally in force with respect to the parties in Korea, although both sides did state that they would apply it stringently. As a matter of fact, at the time of the conflict neither North Korea nor the Communist Chinese regime nor the Republic of Korea were even signatories to the convention. We of course were signatories as were many of the United Nations countries involved. However, upon the outbreak of hostilities the international committee of the Red Cross in Geneva urged upon both the North Korean regime and the Republic of Korea the application of the humanitarian principles of the convention. They specifically referred to common article 3 of all four conventions which in essence called upon belligerents to apply the humanitarian principles of the convention even in a civil war. As a result of this inquiry or plea on the part of the international committee of the Red Cross-incidentially, sir, I have a copy of each of these messages in full if you wish that they be inserted in the record. 3 The information supplied by Mr. Jackson appears at the conclusion of Colonel Frash's testimony on p. 186. The CHAIRMAN. They may be inserted in the record at this point. Colonel GRABB. The first one is a telegram from the international committee of the Red Cross to the belligerents. [Telegramme] GENEVE, le 26 juin 1950. International Committee Red Cross Geneva, founded 1863, neutral and nonpolitical institution composed exclusively Swiss citizens and whose humanitarian intermediary is provided for in cases international or civil war and internal disturbances, wishes assure you at your disposal to accomplish according means available traditional tasks in existing situation Korea. Intercross refers this connexion to two 1929 Conventions, Firstly for amelioration condition wounded and sick, Secondly relative to treatment prisoners of war, likewise Geneva Conventions 1949 same subjects, plus Convention protection civilians. In our opinion fact that Korea not party or signatory these international agreements signed by 61 states should not prevent de facto application humanitarian principles protecting war victims contained in said Conventions. Refer specially article three common to all 1949 Geneva Conventions reading: "In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply as a minimum the following provisions: Primo. Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause shall in all circumstances be treated humanely without any adverse distinction founded on race, colour, religion or faith, sex, birth, or wealth or any other similar criteria. To this end the following acts are and shall remain prohibited at any tme and in any place whatsoever with respect to the abovementioned persons: (1) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment, and torture; (2) taking of hostages; (3) outrages upon personal dignity, in particular humiliating and degrading treatment; (4) the passing of sentences and the carrying out of executions, without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognised as indispensable by civilised peoples: Secundo. The wounded and sick shall be collected and cared for. An impartial humanitarian body, such as Intercross, may offer its services to the Parties to the conflict. The Parties to the conflict should further endeavour to bring into force by means of special agreements all or part of the other provisions of the present Convention. The application of the preceding provisions shall not affect the legal status of the Parties to the conflict." Intercross anxious learn views and intentions Southern Korea Government this subject. Intercross prepared send delegate to your Government, to examine with you possibility humanitarian action, especially measures for application above principles. In view protection on both sides military wounded and sick, war prisoners, civilian internees and civilian population, we are sending identical telegram Pyongyang. Would appreciate your earliest reply with view further action. Highest consideration. RUEGGER, President Intercross. The President of the Republic of Korea in reply to this message announced on 4 July 1950 that his Government would apply the 1949 Conventions, specifically common article 3. His message back to the committee is my second insertion. The CHAIRMAN. It may be inserted at this point. NOTE.-On 5 July 1950 the International Committee of the Red Cross was informed that the President of South Korea had signified his acceptance to the application of the Geneva Convention and that, in witness thereof, he had subscribed on 4 July 1950, at 1230 hours the text of Article 3, common to the four Geneva Conventions of 1949. This document is reproduced below. [Extract from the Geneva Convention of August 12, 1949] CHAPTER I. GENERAL PROVISIONS ARTICLE 3 In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions: 1. Persons taking no active part in the hostilities including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples. 2. The wounded and sick shall be collected and cared for. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict. The parties to the conflict should further endeavor to bring into force, by means of special agreements, all or part of the other provisions of the present convention. The application of the preceding provisions shall not affect the legal status of the parties to the conflict. July 4, 1950. SYNGMAN RHEE. Colonel GRABB. On the 7th of July he also issued a public proclamation stating that Korea was proud to be a signatory and that Korea will live up to the conditions of the convention. On July 5, 1950, then Secretary of State Acheson assured the international committee of the Red Cross of the United States Government's intention to abide by the terms of the convention. His reply I have here which is marked in my numerical sequence as "Tab D." The CHAIRMAN. It may be printed in the record. [Telegramme] TOKYO, le 7 juillet 1950. B/39. For your information. Copy press release G. H. Q. F. E. C. Public Information Office 13.30 hours 7th July: "Korean President's proclamation. The Korean diplomatic mission in Japan announced today that the President of the Republic of Korea has issued the following proclamation: "On behalf of the Republic of Korea, I signed the Geneva Convention of 1949. I also made an appeal to the International Red Cross for assistance in supplying medicine, food, and clothing to our suffering people, and I know this appeal will be answered generously. The Geneva Convention of 1949 has been signed by most of the civilized nations of the world. Our ally, the United States, has also announced its intention of abiding by these terms. Korea is proud to be a signatory and Korea will live up to the conditions of the convention. I therefore direct all soldiers, sailors, airmen, marines, police, South Korean members, and all other citizens of the Republic of Korea that, in accordance with the Geneva Conventions of 1949: "1. Enemy prisoners, whether soldiers or civilians, shall be treated humanely. They shall not be denied food, clothing, or medical care. Regardless of their barbaric attack, they shall be treated in a civilized manner. 79951-56-13 "2. No enemy, whether military or civilian, shall be punished, whatever his crimes, excepting by determination of a legally constituted court. "We, the citizens of the Republic of Korea, will not model our conduct on the barbarism of the Communists. Our action, in accordance with the Geneva Convention of 1949, will be proof, not only of our high civilization, but also of our gratitude to other people of the civilized world who are aiding us at this tragic time. "Signed Syngman Rhee, President of the Republic of Korea." [Telegramme] BIERI. WASHINGTON, le 5 juillet 1950. United States Government appreciates assurance in International Committee message June 28 of readiness to act in humanitarian interest of victims of hostilities in Korea without regard to legal applicability to conflict of Geneva Wounded and Sick and Prisoners of War Conventions of 1929 and Geneva Conventions of 1949. United States Government will of course be guided by humanitarian principles of Conventions, particularly article 3 of Geneva Convention of 1949. Should Government of Republic of Korea see fit to accept International Committee's offer of humanitarian aid Committee would receive full cooperation of United States authorities. Request for assistance for International Committee delegate Bieri and instructions to proceed southern Korea via Tokyo forwarded to MacArthur for appropriate action. ACHESON. Colonel GRABB. He stated, inter alia, that the United States appreciated the assurance of the international committee that it would assist in the conflict and stated that the United States was ready to act in the humanitarian interests of the victims of the hostilities and that the United States would be guided by the principles of the Convention. As you are aware, sir, the Senate did not give its advice and consent to ratification to the Geneva Convention until the 6th of July 1955. These conventions became legally binding upon the United States on the 2d of February of this year. On the 4th of July of 1950, the commander in chief of the United States forces in the Far East issued a proclamation stating that North Korean personnel captured by armed forces under his command in Korea would be treated in accordance with the humanitarian principles applied and recognized by civilized nations. Then on the 23d of July 1950, General MacArthur announced the handling of prisoners of war by forces under the command of General MacArthur as U. N. commander, will be in accordance with the 1949 Geneva Convention. This message is marked by me as "Tab F.” DEPARTMENT OF THE ARMY STAFF COMMUNICATIONS OFFICE From: CINCFE, Tokyo, Japan. To: COMCENARMYEIGHT (Adv), Korea. Info: DEPTAR, Wash., D. C., Secretary of State, Wash., D. C., (Crypto DA 23 JUL 50. Decided here that the handling of prisoners of war by forces under comd of Gen. MacArthur as U. N. Commander will be in accordance with 1949 Geneva Convention, copies of which are being safe-handed to your Hqs. Gen. MacArthur as Commander of U. N. Forces has accepted Mr. Frederick Bieri as international Red Cross delegate in South Korea. Mr. Bieri has been authorized by this Hqs to operate in South Korea under the provisions of the 49 Geneva Convention. Desire Mr. Bieri be accorded nec logistic support including opportunity to carry out his mission assigned. Rqst extension of courtesies that would normally be accorded a gen off.. NOTE. This message has been relayed to Dept. of State. NOTE.-Dispatched Tokyo time: 231411. Dispatched Washington EDT: 230011. NOTE.-Regraded unclassfied as per DA Cir 127, 1953. Info: AF, G3, SEC DEF, OSA, CSA, NAVY, JCS, PMG, G1. On the 13th of July 1955, the Minister of Foreign Affairs of the Democratic People's Republic of Korea stated in a message to the Secretary General of the United Nations that: I have the honor to inform you that the people's army of the Democratic People's Republic of Korea is strictly abiding by the principles of the Geneva Convention in respect to prisoners of war. This message, a copy of which I offer, is marked as "Tab G." [Telegramme] DOCUMENT No. 16 Le Secretaire General de l'ONU au CICR. LAKE SUCCESS, le 15 juillet 1950. 2295. Reply your cable, Pyongyang Government sent message as follows: "In reply your telegram 12 July, I have honor to inform you that People's Army of Democratic People's Republic of Korea is strictly abiding by principles of Geneva Conventions in respect to prisoners of war. Pak-hen-yen, Minister of Foreign Affairs of the Democratic People's Republic of Korea, Peyeng Yang. July 13, 1950." Note steps you have taken to send Intercross representative North Korea. TRYGVE LIE, Secretary General, United Nations. There is no record indicating whether either the People's Republic of China or the commander of the Chinese Communist forces explicitly undertook to apply the terms of the convention to the Korean hostilities. Nevertheless, the foreign minister of the Central People's Republic of China informed the Swiss Government on July 16, 1952, that the Central People's government had decided to recognize the 1949 convention with certain reservations. These reservations were in all respects identical to the four reservations made by the Soviet bloc to the convention at Geneva in 1949. These reservations are set forth in a message by the Chinese Communist regime which I have marked as "Tab H." The Honorable DEAN ACHESON, LEGATION DE SUISSE, Washington, D. C., July 18, 1952. Secretary of State, Washington, D. C. SIR: Upon the instructions of the Federal Political Department, I have the honor to inform you that the Swiss Government has received from the Minister of China in Berne, on July 16, 1952, the following declaration : Statement of Chou En-Lai, Minister for Foreign Affairs of the Central People's Government of the People's Republic of China on the recognition of the Geneva Conventions of August 12, 1949. Mr. Chou En-Lai, Minister for Foreign Affairs of the Central People's Government of the People's Republic of China, was authorized on July 13, 1952, to make the following statement: In accordance with article 55 of the common program of the Chinese People's Political Consultative Conference, which provides: "The Central People's Gov |