A/RES/610(VII) GA

RESOLUTIONS ADOPTED ON THE REPORTS OF THE FIRST COMMIITEE CONTENTS Page 610 (VII). Korea: reports of the United Nations Commission for the Unifica- tion and Rehabilitation of Korea ( 3 December 1952) ( item 16 (a) ) . . . . . . . 3 611 (VII). The Tunisian question ( 17 December 1952) ( item 60) ......... . 5 5 612 (VII). The question of Morocco (19 December 1952) (item 65) 613 (VII). Question of an appeal to the Powers signatories to the Moscow Declaration of 1 November 1943 for the early fulfilment of their pledges towards Austria (20 December 1952) (item 63) . . . . . . . . . . . . . . . . . . . . . . . 5 610 (VII). Korea: reports of the United Nations Commission £or the Unification and Rehabil- itation of Korea The General ,:lssembly, Having received the special report 1 of the United Nations Command of 18 October 1952 oq "the pres- ent status of the military action and the armistice ne- gotiations in ~ore~" and other relevant reports relating to Korea, Noting with appro•al the considerable progress to- wards an armistice inade by negotiation at Panmunjom and the tentative agreements to end the fighting in Korea and to reach a settlement of the Korean ques- tion, Noting further that disagreement between the par- ties on one remaining issue, alone, prevents the con- clusion of an armistice and that a considerable meas- ure of agreement already exists on the principles on which this remaining issue can be resolved, Mindful of the continuing and vast loss of life, dev- astation and suffering resulting from and accompany- ing the continuance of the fighting, Deeply conscious of the need to bring hostilities to a speedy end and of the need for a peaceful settlement of the Korean question, Anxious to expedite and facilitate the convening of the political conference as provided in article 60 of the draft armistice agreement,2 1. Affirms that the release and repatriation of pris- oners of war shall be effected in accordance with the Geneva Convention relative to the Treatment of Pris- oners of War,• dated 12 August 1949, the well-estab- 1 See document A/2228. 2 Ibid., annex A. 8 See Treat'J} Series, Treaties and lnttntational aprtnnml1 registered or filed and recorded with the Stcrtlanat of lh• United Nations, Volume 75, 1950, No. 972, p. 135. 3 lished principles and practice of international law and the relevant provisions of the draft armistice agree- ment; 2. Affirms that force shall not be used against pris- oners of war to prevent or effect their return to their homelands, and that they shall at all time be treated humanely in accordance with the specific provisions of the Geneva Convention and with the general spirit of the Convention ; 3. Accordingly requests the President of the Gen- eral Assembly to communicate the following proposals to the Central People's Government of the People's Republic of China and to the North Korean authorities as forming a just and reasonable basis for an agree- ment so that an immediate cease-fire would result and be effected; to invite their acceptance of these pro- po~ls 8:nd to make a ~eport to the General Assembly during its present session and as sooi, as appropriate : PROPOSALS I. In order to facilitate the return to their home- lands of all prisoners of war, there shall be established a_ Repatriation Com~ission consisting of representa- tives of Czechoslovakia, Poland, Sweden and Switzer- land, that is, the four States agreed to for the consti- tution of the Neutral Nations Supervisory Commission and referred to in paragraph 37 of the draft armistice agreement, or constituted, alternatively, of representa- tives of four States not participating in hostilities two nominated by each side, but excluding represent~tives of States that are permanent members of the Security Council. II. The release and repatriation of prisoners of war shall be effected in accordance with the Geneva Convention relative to the Treatment of Prisoners of War, dated 12 August 1949, the well-established prin- ciples and practice of International Law and the rele- vant provisions of the draft armistice agreement. General Assembly-Seventh Seuion Ill. Force shall not be used against the prisoners of war to prevent or effect their return to their home- lands and no violence to their persons or affront to their dignity or self-respect shall be permitted in any manner or for any purpose whatsoever. This duty is enjoined on and entrusted to the Repatriation Com- mission and each of its members. 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. IV. All prisoners of war shall be released to the Repatriation Commission from military control and from the custody of the detaining side in agreed num- bers and at agreed exchange points in agreed demili- tarized zones. V. Classification of prisoners of war according to nationality and domicile as proposed in the letter • of 16 October 1952 from General Kim Il Sung, Supreme Commander of the Korean People's Army, and Gen- eral Peng Teh-huai, Commander of the Chinese Peo- ple'.s Volunteers, to General Mark W. Clark, Com- mander-in-Chief, United Nations Command, shall then be ~arried out immediately. VI. After classification, prisoners of war shall be free to return to their homelands forthwith, and their speedy return shall be facilitated by all parties con- cerned. VII. In accordance with arrangements prescribed for the purpose by the Repatriation Commission, each party to the conflict shall have freedom and facilities to explain to the p.risoners of war "depending upon them" their rights and to inform the prisoners of war on any matter relating to their return to their home- lands and particularly their full freedom to return. VIII. Red Cross teams o'f both sides shall assist the Repatriation Commission in its work and shall have access, in accordance with the terms of the draft armistice agreement, to prisoners of war while they are under the temporary jurisdiction of the Repatria- tion Commission. IX. Prisoners of war shall have freedom and fa- cilities to make representations and communications to the Repatriation Commission and to bodies and agen- cies working under the Repatriation Commission, and to inform any or all such bodies of their desires on any matter concerning themselves, in accordance with ar- rangements made for the purpose by the Commission. . X. Notwithstanding the provisions of paragraph III above, ncthing in this Repatriation Agreement shall be construed as derogating from the authority of the Repatriation Commission ( or its authorized represent- atives) to exercise its legitimate functions and respon- sibilities for the control of the prisoners under its temporary jurisdiction. XI. The terms of this Repatriation Agreement and the arrangements arising therefrom shall be made known to all prisoners of war. XII. The Repatriation Commission is entitled to ·1 See document A/ZlJO, annex 3. call upon parties to the conflict, its own member gov- ernments, or the Member States of the United Nations for such legitimate assistance as it may require in the carrying out of its duties and tasks and in accordance with the decisions of the Commission in this respect. XIII. When the two sides have made an agree- ment for repatriation based on these proposals, the in- terpretation of that agreement shall rest with the Re- patriation Commission. In the event of disagreement in the Commission. majority decisions shall prevail. \Vhen no majority decision is possible, au umpire agreed upon in arcor<lancC' with the succeeding paragraph an<l with article 132 o i the Geneva Con vent ion of 1949 shall have the deciding vote. XIV. The Repatriation Commission shall at its first meeting and prior to an armistice proceed to agree upon and appoint the umpire who shall at all times be available to the Commission and shall act as its Chairman unless otherwise agreed. If agreement on the appointment of the umpire cannot be reached by the Commission within the period of three weeks after the date of the first metting this matter should be re· ferred to the General Assembly. XV. The Repatriation Commission shall also ar- range after the armistice for officials to function as umpires with inspecting teams or other bodies to which functions are delegated or assigned by the Commission or under the provisions of the draft armistice agree- ment, so that the completion of the ~eturn of prisoners of war to their homelands shall he expedited. XVI. When the Repatriation Agreement is acceded to by the parties concerned and when an umpire has been appointed under paragraph 14 above, the draft armistice agreement, unless otherwise altered by agree- ment between the parties. shall be deemed to have been accepted by them. The provisions of the draft armis- tice agreement shall apply except in so far as they are modified by the Repatriation Agreement. Arrange- ments for repatriation under this agreement will begin when the armistice agreement is thus concluded. XVII. At the end of ninety days. after the Armis- tice Agreement has been signed, the disposition of any prisoners of war whose return to their homelands may not have been effected in accordance with lhe procedure set out in these proposals or as otherwise agreed, shall be referred with recommendations for their disposi- tion, including a target date for the termination of their detention to the political conference to be called as provided under article 60 of the draft armistice agreement. If at the end of a further thirty days there are any prisoners of war whose return to their home- lands has not been effected under the above procedures or whose future has not been provided for by the po- litical conference, the responsibility for their care and maintenance and for their subsequent disposition shall be transferred to the United Nations, which in all mat- ters relating to them shall act strictly in accordance with international law. 399th plenary meeting, 3 December 1952.

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