... Ar present territories were occupied by Japanese forces and damaged by Japan, with a view to assisting to compensate those countries for the cost of repairing the damage done. . . . Article 19. (a) Japan waives all claims of Japan and its nationals against the Allied Powers and their nationals arising out of the war or . . . arising from the presence, operations or actions of forces or authorities of any of the Allied Powers in Japanese territory prior to the coming into force of the present Treaty. (d) Japan recognizes the validity of all acts done during the period of occupation. ticle 22. If . . . there has arisen a dispute concerning the interpretation or execution of the treaty, which is not settled by reference to a special claims tribunal or by other agreed means, the dispute shall, at the request of any party thereto, be referred to the International Court of Justice. . . . Article 23. (a) The present Treaty will come into force when instruments of ratification have been deposited by Japan and by a majority, including the United States Australia, Canada, Ceylon, France, Indonesia, . . . the Netherlands, New Zealand, Pakistan, the . . . Philippines, the United Kingdom. . . . (b) If the Treaty has not come into force within nine months after the date of the deposit of Japan's ratification, any State which has ratified it may bring the Treaty into force between itself and Japan by a notification to that effect... to. Japan and the United States not later than three years after the date of deposit of Japan's ratification. .. Article 26. Japan will be prepared to conclude with any State which signed or adhered to the United Nations Declaration of January 1, 1942, and which is at war with Japan .. a bilateral Treaty ... but this obligation on the part of Japan will expire three years after the first coming into force of the present Treaty. Some objections to the treaty The terms of the treaty with Japan followed with very few alterations the draft document worked out by Ambassador Dulles and the men with whom he conferred during the period from the late summer of 1950 to the late summer of 1951. To that extent, the completed treaty is a tribute to his interest, his energy, and his diplomacy. Mr. Dulles' work on the treaty was in large part responsible for his choice by President Eisenhower as Secretary of State in the new administration which took over in January 1953. Neither Mr. Dulles nor many of the other statesmen who drafted and debated the treaty regarded it as a perfect instrument. And a number of delegates at San Francisco opposed specific provisions. The government of India, for example, declined to send delegates to San Francisco because it could not agree to the territorial clauses of the proposed treaty. The Soviet Union and its satellites refused to sign the treaty at San Francisco because of a number of reasons, chiefly because they charged that the treaty was a unilateral peace made by the United States in violation of the United Nations Declaration and other wartime agreements. Burma resented the failure of the treaty to exact financial reparations directly from Japan and refused to attend the conference. Britain objected to the lack of commercial restrictions upon Japan but was persuaded by the United States that Japan could not exist without building up trade. Australia and New Zealand were mollified by American agreement to sign mutual defense pacts with these Commonwealth members to guard against the threat of aggression by a rearmed Japan. The Philippine Republic also hesitated on the ground of fear of Japanese rearmament, but a defense pact with the United States partially allayed the apprehensions of the Filipinos.26 The Japanese treaty of 1951 was, in the opinion of many world statesmen, about the best treaty obtainable considering all the circumstances.27 So, with the exceptions noted, they signed it in the hope that it would help bring peace and security to the Far East. In the United States the treaty was generally well received. The United States Senate, after a debate which revealed no marked opposition to U. S. Senate approves the treaty the treaty, approved the document by a vote of 66 to 10 on March 20, 1952. The Japanese government had been the first signatory to ratify the treaty. The lower house of the Diet approved the treaty on October 26, 1951 and the upper house on November 18, 1951. Emperor Hirohito signed the ratification document on November 19th and the articles of ratification were deposited by the Japanese with the State Department in Washington on November 28, 1951. With approval voted by the American Senate in March 1952 and President Truman's signature placed on the ratification on April 15, 1952 the Japanese Peace Treaty was declared effective as of April 28, 1952. The United States 26 See pp. 214-18 and 229-36 below for a discussion of the Pacific defense pacts of 1951. 27 Even Japan objected to several provisions, especially those depriving it of island possessions in the Kurile and Bonin groups. ratification comprised the seventh ratification by the powers listed in Article 23 of the Treaty, thereby achieving the majority required to make the treaty effective. This description of the course of events in the occupation of Japan and the conclusion of the peace treaty has omitted many significant steps. But it has, it may be hoped, given an indication of the efforts of the United States to bring a democratized and a rejuvenated Japan back into the family of nations. The willingness with which Japan entered into defense arrangements with the United States and Japanese cooperation with the free world, especially since 1951, will be mentioned in a later portion of this study.28 For the present, it is merely necessary to say that the picture of conditions in the Far East since VJ-Day would have been much more distressing had it not been for the generosity of the victor nations in their treatment of a defeated but not destroyed Japan. 5. The Korean Situation: 1946-1950 Barriers to Korean unification The failure of the Soviet-American Commission in Korea to establish a basis of cooperation during the early months of 1946 has already been noted.29 This failure left the two "occupying" powers entrenched in their respective zones north and south of the 38° parallel. Neither the Russians nor the Americans wanted to give up their control over half of the peninsula in favor of a unified' Korea which might turn out to be all of the opposite persuasion. In the American zone, the effort became one of promoting the progress of the South Koreans toward the erection of a responsible and representative governmental structure. In the Soviet zone it had already taken the course of the creation of a puppet state, complete with "peoples' ” rulers in the form of communist agents and sympathizers. Even before the Moscow Conference and the abortive meetings of the Soviet-American Commission, General Hodge had tried to remain non 2 See pp. 216-17 below. 29 See p. 178 above. South Korean Legislative Assembly created partisan in his dealings with South Korean political parties. But the multiplicity of parties and their violent disagreement among themselves prevented any satisfactory arrangements between the South Koreans and the American Military Government. In June 1946 General Hodge proposed the establishment of a legislative body to assist the military administration. This assembly would not be the forerunner of a separate government for South Korea, but would be dissolved when a provisional government for all Korea was created. On October 15, 1946, after his proposal had received backing from all but the extreme leftist groups in South Korea, General Hodge set up an assembly of ninety members, forty-five to be appointed by the American military governor, and forty-five elected by the people. The elections were won by the conservative party elements and, after some delay because of protests over the results, the Legislative Assembly began its sessions at Seoul on December 12, 1946. Soviet- Korean Commission talks break down Secretary of State George Marshall reopened the Korean question at the Foreign Ministers conference at Moscow in April 1947. Both the United States and the U.S.S.R. accused each other of obstructing the course of unification in Korea. However, General Marshall and Mr. Molotov did agree on a procedure for resuming the meetings of the joint Soviet-American Commission. The commission met at Seoul on May 23, 1947. Immediately disagreements plagued the conferences and they held almost daily sessions for several months, either in Seoul as a plenary group, or divided into sub-committees for sessions at Seoul and at Pyongyang, capital of the Soviet Zone. When apparent inability of the conferees to reach any settlement continued, Secretary Marshall, on August 13, 1947, sent a note to Mr. Molotov asking that the commission be requested to report to the two governments by August 21st on the status of its work. On the basis of this report the Soviet and American governments would then direct U. S. suggests 4-power conference on Korea the taking of further action to carry out the purpose of the joint commission. The Russians declined to join in such a request to the commission. The United States, on August 28, 1947, then suggested that a four-power conference be held to discuss the Korean problem. The four powers would be the trustees under the Moscow decisions of 1945-China and the United Kingdom, along with the Soviet Union and the United States. The Soviets rejected the American proposal on September 4, 1947. And on the 26th of that month the chief Soviet representative on the joint commission in Korea suggested that all allied troops be withdrawn from the peninsula within three months. Meanwhile, Secretary Marshall, on September 17, 1947, outlined the problem in Korea to a session of the UN General Assembly, Secretary Marshall reviews the Korean problem before the UN . SECRETARY MARSHALL'S REVIEW OF THE KOREAN SITUATION, NEW YORK, SEPTEMBER 17, 1947: . . . For about two years the United States Government has been trying to reach agreement with the Soviet Government .. on methods of . . . bringing about the independence of Korea. .. Today the independence of Korea is no further advanced than it was two years ago. . . . It appears evident that further attempts to solve the Korean problem by means of bilateral negotiations will only serve to delay the establishment of an independent, United Korea. It is therefore the intention of the United States Government to present the problem of Korean independence to this session of the General Assembly.... Despite protests by the Soviet delegates, the Assembly voted to place the Korean question on the agenda for discussion. The two occupying governments made counter-proposals. The United States suggested that elections be held in the respective zones, with UN observers in attendance. These elections would choose a national assembly which would establish Korean security forces and would arrange for an early withdrawal of the occupying forces. The Soviets renewed their suggestion that all occupying forces be withdrawn by the end of 1947, thereby allowing the Koreans to establish their own government without fear of coercion by the foreign troops and administrators. The Soviets also insisted that the General Assembly invite Korean representatives to sit in on discussions before decisions were reached by the UN body. The Assembly passed a resolution by a vote of 43 to 0 on November 14, 1947 with the Soviet bloc of nations abstaining. This UN calls for resolution provided for free elecfree all-Korean tions throughout Korea before elections March 31, 1948, under the guidance of a UN Temporary Commission. This nine-member commission would facilitate the establishment of a national government and would see to the transfer of authority from the military governments to this Korean national government, as well as to the withdrawal of occupation troops. The Ukraine, one of the selected members of the temporary commission, refused to serve and the remaining eight members began work at Seoul in January 1948. Soviets refuse to allow UN commission to visit North Korea The commission was denied access to the Soviet zone, although the terms of its selection gave its jurisdiction as all Korea. The commission thereupon asked the Interim Committee of the UN General Assembly if it should carry out its instructions in South Korea alone since it was barred from North Korea. The Interim Committee on February 26, 1948, decided that this should be done, although there was considerable opposition on the Committee to this decision. General Hodge set May 10, 1948 as the date for the elections in South Korea. The Temporary Commission then prepared to observe the voting. South Korean elections, May 1948 More than 90% of the eligible 8,000,000 voters went to the polls in South Korea on May 10. With the communists in South Korea boycotting the election, victory for the conservative rightist elements was sure. The 200 members elected to the Assembly met on May 31, 1948 with Dr. Syngman Rhee as temporary chairman. On July 12th the Assembly adopted the new constitution of "The Democratic Republic of Korea." On the same day the Soviet puppet government of North Korea announced that general elections would be held in the Soviet zone on August 25, 1948. On July 20th Syngman Rhee was elected president of the Korean Republic by a vote of 180 to 16 in the National Assembly.30 Early in August, President Rhee announced that he would seek to have the United States maintain its military forces in South Korea in President Rhee asks American troops to stay in South Korea Elections in Soviet zone definitely as a protection against possible communist aggression. On August 27, 1948 General Hodge was succeeded as American military commander in Korea by Major General John B. Coulter.31 One of General Coulter's first acts was to transfer control of the Korean National Police from United States to Korean authority. Following the elections in the Soviet Zone, the North Korean government set up a cabinet with Kim Il Sung as Premier, and on September 11th requested the immediate withdrawal of both Soviet and American troops from Korea. In October 1948 the South Korean government reported that North Korean troops were being massed within a few miles of the 38° parallel and that communist agents were being sent across the line into South Korea to foment disorder. Such reports came with increasing frequency in succeeding months, and, in fact, in October 1948 the South Korean government had a sizable civil war on its hands when the communists along the southern coastal areas rebelled against the government of President Rhee. Although he finally put down this rebellion, President Rhee declared on November 23, 1948 that the withdrawal of American troops before his own defense forces could be trained would mean the overwhelming of the Republic of Korea by communist troops and guerillas. President Rhee suppresses Red revolt announcement was utilized to the full by the communists as they claimed they had acted before the United States in living up to the provisions of the UN Assembly resolutions of November 1947 and December 1948. As a further act in the diplomatic by-play the United States government accorded full recognition to the Republic of Korea on January 1, 1949. Mr. John J. Muccio arrived in Seoul as first ambassador of the United States to the Republic of Korea on April 20, 1949.32 United States recognizes the Republic of Korea ... UNITED STATES RECOGNITION OF THE REPUBLIC OF KOREA, WASHINGTON, JANUARY 1, 1949: ... On December 12, 1948, the United Nations General Assembly adopted a resolution approving the conclusions of the report of the United Nations Temporary Commission on Korea and declaring in part "that there has been established a lawful government .. having effective control and jurisdiction over that part of Korea where the Temporary Commission was able to observe and consult and in which the great majority of the people of all Korea reside. . . ." In the light of this action by the General Assembly . . . the United States Government has decided to extend full recognition to the Government of the Republic of Korea. . . . the United States . . . will... afford every assistance. . . to the new United Nations Commission on Korea [established by the General Assembly resolution of December 12, 1948] in its efforts to help the Korean people and their lawful Government to achieve the goal of a free and united Korea. During the spring of 1949 Korea enjoyed a period of comparative quiet. Preparations went forward for the withdrawal of American forces. American troop withdrawal completed, June 1949 However, by agreement with the South Korean government, and at the request of that government, an American military advisory group was to remain in Korea for purposes of training the South Korean army. On June 28, 1949 it was announced that the American withdrawal had been completed, leaving only the several hundred members of the advisory group in the Republic of Korea. Meanwhile, the North Korean government, on March 17, 1949, entered into a 10-year mutual agreement with the U.S.S.R. for economic and 32 It soon became the fashion to refer to South Korea as ROK (Republic of Korea) as a handy form just as U.S.A., U.K., U.S.S.R., etc. are used. cultural cooperation. It was also reported that the government of Red China and the North Koreans had signed a mutual defense pact. Border clashes continued along the 38th parallel, but no serious incidents occurred. On June 7, 1949 President Truman requested a Congressional appropriation of $150,000,000 for economic aid to the Republic of Korea, calling Korea a "testing ground" in the fight against communism in Asia. Congress did allot a small amount of military materiel to South Korea under the Mutual Defense Act of 1949 and appropriated $60,000,000, under ECA funds, for an economic assistance program. On September 2, 1949 the UN Commission on Korea, set up in December 1948, reported to the General Assembly that progress toward unification of the peninsula was practically nil Soviets oppose and that the "military posturing" admission of on both sides of the 38th parallel ROK to UN presented a real threat of open armed conflict between North and South Korea. Although criticising both Korean governments, the Commission said: "The relations between the U.S.S.R. and the United States continue to be the largest single, and perhaps decisive factor contributing to the growing hardening of relations between north and south."38 Despite strenuous opposition by the Soviet bloc in the UN, the General Assembly renewed the term of the Korean Commission on October 21, 1949. Throughout 1949 the Soviet group succeeded in barring the Republic of Korea from membership in the UN, either by use of the veto or by opposing measures for blanket admissions of a number of Western-supported applicants which included South Korea. As 1950 began, the Korean problem was no nearer solution than it had been in 1945. The South Koreans were becoming more confident and more bellicose. They uttered frequent threats against the North Koreans, coupled with complaints against what they termed acts of provocation on the part of the northern government and its armed forces. The North Koreans, in turn, beamed radio Korean problem still defies solution 33 UN General Assembly, Official Records, Fourth Session, Supplement No. 9, Vol. I, pp 32-34. and other propaganda toward the South Koreans urging the people to overthrow the Rhee government and forward the cause of Korean unification. The South Korean government was rapidly running into debt and by March 30, 1950 had piled up a deficit approaching $60,000,000. Secretary Acheson, on April 7, 1950, warned the Rhee government that an early general election should be held and a balanced budget would have to be achieved if American economic aid was to be continued. Faced with the threat of losing American aid, President Rhee announced, ROK in serious economic difficulties on April 11, 1950, that a general election would probably be held on May 30. And on April 23rd the National Assembly approved tax legislation which would bring about a balanced budget. In the May 30th elections, independents won 128 of the 210 Assembly seats. The Rhee supporters lost ground in the voting, but not enough to cause the downfall of President Rhee, since the majority group of independents were not united, and the leftist opponents of Rhee failed to maintain a number of their former seats. On June 7, 1950, the State Department revealed that John Foster Dulles, in his role of special ambassador charged with exploring pos Mr. Dulles visits South Korea, June 1950 sibilities of a peace treaty with Japan, would leave on June 14th for a visit to Korea and Japan. "His interest in Korea derives from the leading role he played in bringing about United Nations recognition of the Republic of Korea as the only legal government in Korea," the State Department added.34 In Korea Mr. Dulles addressed the National Assembly at Seoul on June 19th. At that time he assured the South Koreans that the United States would continue its support of aspirations for Korean unity and predicted that the Soviet communists would eventually have to relinquish their grip on "their unwilling captives," the people of North Korea. Mr. Dulles made a tour of the area near the 38° parallel where South Korean troops were stationed as a safeguard against possible violations 34 U.S. Dept. of State Bulletin, XXII:998, June 19, 1950. At the time of his departure Mr. Dulles said he was visiting Korea at the invitation of Pres. Rhee. Ibid., 1061, June 26, 1950. |