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Title items-in-IVietnam] - general - Geneva Agreements - agreementson the cessation of hostilities in [Vietnam] - final declaration ofthe Geneva Conference on the problem of restoring peace inIndo-China

Date Created 20/07/1954

Record Type Archival Item

Container s-0901 -0001: Vietnam and Indo-China 1972-1981

Print Name of Person Submit Image Signature of Person Submit

......

7-fK) AIM M It I CAN KOKKMif-J .nM.IUY, J U (> (> • - • 1 l>f>,ri

the iNeulni l 'Nations Repa t r ia t ion Commission niul the armed forcesof I n d i a for custody. After the prisoners of war have been takenover, l.hc armed forces of the detaining sides shall be withdrnvnmmiedmtel.x from the. areas of custody Lo the area under tlu- controlol t h e i r (uvn side.

o. The personnel of the Neutral Nation? Repatriation Commis-sion and its subordinate bodies, the armed forces of India, the RedCross Society of India, the explaining representatives and observationrepresentatives of both sides, as well as the required material andequipment, for exercising' the functions provided for in the Terms of-Reference for Neutral Nations Repatriation Commission shall bespecifically authorized by the Military Armistice Commission to havethe complete freedom of movement to, from, and within the above-mentioned areas designated respectively by both sides for tho custodyof prisoners of war.

» ' • ' " ; • • T ;

-I..The provisions of Rub-paragraph 3c of this agreement shall notbe construed as derogating .'-from tho .privileges enjoyed by thosepersonm-l mentioned above under Paragraph 11, Article I of theArmistice Agreement.

5. This Agreement shall be abrogated upon tho completion of thomission provided for in the Terms of Reference for Neutral NationsRepatriation Commission.

Done at PnTimunjom, Korea, at 1000 hours on the 27th day ofJuly, 1953, in English,.Korean, and Chinese, all texts being equallyauthentic.

Indo-China

ti. AGREEMENT ON THE CESSATION OF HOSTILITIES INYIKT-NAM, JULY 20, 1954 l

CHAPTER I

PKOVISIONAL MIUTAIU- JJKMAHCATIONLINK AND DKMILITAUIZEU ZONIO

Article 1 '

_ A provisional mi l i tary demarcation line shall be fixed, on eiU-'i1

s ide : o f _ \ r h i r h the forces of the two parties shall be. regrouped nl 'Uir •their withdrawal, the forces of the People's Army of Viet-Nam to thenorth of the line and the forces of the French Union to the south.

. / • • - . - < ? Y " "v i j N t " - « \..xx

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7fiO A W K H I C A N K O I I K K I N I'OLKJY,

Hie Mentral Nations Repatriation Commission and tho armed forcesof India for custody. After tho prisoners of war liavo boon takenover, tho armed forces of fcho detaining sides shall be withdrawnimmediately from the areas of custody to the area under the controlol their o\vn side.

o. The personnel of the Neutral Nations Repatriation Commis-sion and its subordinate bodies, tho armed forces of India, the liedCross Society of India, tho explaining representatives and observationrepresentatives of both sides, as well as the required material andequipment, for exercising the functions provided for in tho Terms of-Reference for Neutral Nations Repatriation Commission shall bespecifically authorized by the Military Armistice Commission to havethe complete freedom of movement to, from, and within the above-mentioned areas designated respectively by both sides for tho custodyo f prisoners o f war. . , . . ' . ' .

4. The provisions of Rub-paragraph 3c of this agreement shall notbe construed as derogating from tho .privileges enjoyed by thosopersonnel mentioned above under Paragraph 11, Article 1 of thoArmistice Agreement.

5. This Agreement shall be abrogated upon tho completion of thomission provided for in tho Terms of Reference for Neutral NationsRepatriation Commission.

Done at Panmunjom, Korea, at 1000 hours on the 27th day ofJuly, 1953, in English, Korean, and Chinese, all texts being equallyauthentic.

Indo-China

li. AGREEMENT ON THE CESSATION OF HOSTILITIES INVIET-NAM, JULY 20, 1054 l

CHAPTER I

PROVISIONAL MlLI-fAKY DEMARCATION LlNM AND DEMILITARIZED ZONE

Article 1 '

_ A provisional military demarcation line shall bo fixed, on eitherside, of which the forces of the two parties shall bo regrouped aftertheir withdrawal, tho forces of the People's Army of Viet-Nam to thenorth of tho line and the 'forces of tho French Union to the south.

' Gt;nt.-v;i Conference doc. IC/42/Rnv. ?.; reprinted in lieport on Indochina:hupurt nj Xciwlor Mike AluimficM on a Study Mission to Vietnam, Cambodia, Laos,Del-. 15, i'JS'l (Senate Foreign Relations Committee print, 83il (Jong., 2il scss.),pp. 10-20. For entry into force, suo ;irticles 11 find 47.

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752 AMERICAN FOREIGN POLICY, 1950-1955 ARMISTICE AGREEMENTS 753

The provisional military demarcation line is fixed as shown on themap attached (son .Map No. I).1

I (, is also agreed that a demilitarized zone shall be established onci ther sidr.'-of (lie. dcnmreatmn line,, (o u \vidtli of not more than 5 kins,from i t - , (o net us a buH'ei1 zone, and avoid any incidents which mightresult in UK; resumption of hostilities.

Article 2

The period within1 which the movement of all the forces of eitherparty into its regrouping zone on either side of the provisional military .demarcation lino shall be completed shall not exceed three hundred<(300) days from the date of the present Agreement's entry into force.;

ArlideS

When the provisional military demarcation lino coincides with awaterway, ( ' l ip waters of such waterway shall be open to civil navigationby both parties wherever one bank is controlled by one party and theother bank by the other party. The Joint Commission shall establishrules of navigation for the stretch of waterway in question. Thomerchant shipping and other civilian craft of each party shall havuunrestricted access to the land under its military control.

Article 4

The provisional military demarcation line between the two finalregrouping zones is extended into the territorial waters by a line per-pendicular to the general line of the coast.

All coastal islands north of this boundaiy shall bo evacuated by the.armed forces of the French Union, and all islands south of it shall boevacuated by the forces of the People's Army of Viet-Nain.

Article S

To avoid any incidents which might result in the resumption ofhostilities, all military forces, supplies and equipment shall bo with-drawn from the demilitarized /.one within twenty-five (2o) days ofthe present Agreement's entry into force.

Article S

.No person, military or civilian, shall bo permitted to cross the.provisional mi l i tnry demarcation line unless specifically authorizedto do so by the Joint Commission.

Article 7

No person, military or civilian, shall be permitted to enter the de-militarized zone except persons concerned with the conduct of civiladministration and relief and persons specifically authorized to enterby the Joint Commission.

1 Not reprinted here.

Article 8Civil administration and relief in the demilitarized zone on either

side of the provisional military demarcation l ine shall be the respon-sibility of tlio Connnanderri-in-Chicf of the two parties in t h e i r respec-l.ivo zones. Tho number of persons, mi l i tary or c iv i l i an , from eachside who are permitted Lo enter the demilitarized zono for 1,110 conductof civil administration and relief shall be determined by the respectiveCommanders, but in no case shall the total number authorized byeither side exceed at any one time a figure to be determined by theTrung Gia [Military Commission 1 or by.the Joint Commission. Thenumber of civil police and .the arms to be carried by them shall bedetermined by the. Joint,'Commission. No one else shall carry armsunless spcpifically authorized to do so by the Joint Commission.

Article 9Nothing contained in this chapter shall be construed as limiting the

complete freedom of movement, into, out of or within the demilitarizedzone, of the Joint Commission, its joint groups, the InternationalCommission to be set up as indicated below, its inspection teams andany other persons, supplies or equipment specifically authorized toouter the demilitarized zone by tho Joint Commission. Freedom ofmovement shall be permitted across tho territory under the military,control of cither side over any road or waterway which has to bo takenbetween points within the demilitarized zone when .such points arenot connected by roads or waterways lying completely within thodemilitarized zone.

CHAPTER IIi

PRINCIPLES AND PROCEDURE GOVERNING IMPLEMENTATIONOF THE PRESENT AGREEMENT

Article 10

The Commanders of the Forces on each side, on tho one side thoCommandcr-in-Chicf of the French Union forces in Indo-China andon tho other side the Commandcr-in-CJiief' of the People's Army ofViet-Nam, shall order and enforce tho complete cessation of all hostil-ities in Vict-Nam by all armed forces under their control, includingall units and personnel of tho ground, naval and air forces.

Article 11

In'; accordance with the principle of a simultaneous ccasc-firothroughout Indo-China, tho cessation of hostilities shall bp simul-taneous throughout all parts of yiet-Nam, in all areas of hostilities andfor all the forces of the two parties.

Taking into account tho'time effectively required to transmit thecease-fire order down to tho lowest 6chelons of tho combatant forces

1 The initial, on-tho-sconc, cease-fire commission set up on June 30, 1954, bytho meeting of French and Victminh military representatives at Trung Gin.

AMERICAN FOREIGN POLICY, 1950-1056

on both sides, the two parties are agreed that the cease-fire shall tako'effect completely and simultaneously for the different sectors of thecountry as follows: :

Northern Viet-Nam at 8.00 a.m. (local time) on 27 July 1054Central Viet-Nam at 8.00 a.m, (local time) on 1 August 1954Southern Viot-Nam at 8.00 a.m,.'(local time) on 11 August 1954

It is ngreed that Pckin mean time shall be taken as local .time.From such time as the cease-fire becomes effective in Northern Viot-

Nam, both parties undertake not to engage in any large-scale offensiveaction in any part of the Indo-Chinese theatre of operations and notto commit tlio air forces based on Northern Viet-Nam outside thatsector. The two parties also undertake to inform each other of then-plans for movement from ono regrouping zone to another withintwenty-five (25) clays of tho present Agreement's entry into force.

Article IS

All tho operations and movements entailed in the cessation ofhostilities and regrouping must proceed in a safe and orderly fashion:

(a) Within a certain number of days after the ceasc-firo Agreementshall have become effective, tlio number to lie determined ontlio spot bjr the Trung Gia Military Commission, each partyshall be responsible for removing and neutralizing mines (in-cluding river- and soa-minos), booby traps, explosives and anyother dangerous substances placed by it. In tho event of its

.. .being/impossible to complete tho work of removal and neutral-ization in timo, the party concerned shall mark the spot byplacing visible signs there. All demolitions, mine fields, wire en-tanglements and other hazards to the free movement of tho per-sonnel of the Joint Commission and its joint groups, knownto be present after tho withdrawal of tho military forces, shallbe reported to the Joint Commission by tho Commanders of thoopposing forces;

(b) From tho timo of tho cease-fire until regrouping is completedon cither side of the demarcation lino:

(1) Tho forces of cither party shall bo provisonally withdrawnfrom tho provisional assembly .areas assigned to tho otherparty. . . . ] ' . ' • . ' ; : . . . ' .

(2) When ono party's forces withdraw b.y a route (road, rail,waterway, sea route) which passes through tho territoryof the other party (see Article 24), the latter party's forcesmust provisionally withdraw three kilometres on each sideof such route, but in such a manner as to avoid interferingwith tho movements of tho civil population.

Article. 13

From tlio timo of tho wase-tiro unt i l tlio completion of tho move-ments from ono regrouping zone into tho other, civil and military

ARMISTICE AGREEMENTS 755

transport aircraft shall follow air-corridors between the provisionalassembly areas assigned to the French Union forces north of tho de-marcation lino on tho one hand and tho Laotian frontier and the re-grouping zone assigned to the French Union forces on the other hand.

The position of the air-corridors, their width, tho safety route forsingle-engined military aircraft transferred to tho south and thesearch and rescue procedure for aircraft m distress shall be determinedon the spot by the Trung Gia Military Commission.

Article 14Political and administrative measures in the two regrouping zones,

on either side of the provisional military demarcation line:(a) Pending tho general elections which will bring about the unifi-

cation of Viot-Nam, the conduct of civil administration in eachregrouping zone shall be in the hands of tho, party whoso forcesarc to be regrouped there in virtue of tho present Agreement;

(b) Any territory controlled by ono party which is transferred totho other party by the regrouping plan shall continue to beadministered by tlio former party until such dsvto ay all tho.troops who arc to bo transferred have completely left thatterritory so as to free the zone assigned to tho party in question.From then on, such territory shall be regarded as transferredto tho, other party, who shall assume responsibility for it.

Steps shall be taken to ensure that there is no break in thotransfer of responsibilities. For this purpose, adequate noticeshall be given by the withdrawing party to the other party,which shall make the necessary arrangements, in particularby sending administrative and police detachments to preparefor the assumption of administrative responsibility. Tholength of such notice shall be determined by the Trung GiaMilitary Commission. The transfer shnll bo effected in suc-cessive stages for the various territorial sectors.

The transfer of the civil administration of Hanoi and Hai-phong to tho authorities of the Democratic Ivopublic of Viot-Nam shall bo completed within tho respective time-limits laiddown in Article 15 for military movements.

(c) Each pa,rty undertakes to refrain from any reprisals or discrimi-nation against persons or organizations on account of their

( , activities during tho hostilities and to guarantee their demo-cratic liberties.

(d) From the date of entry into force of the present Agreementuntil tho movement of troops is completed, any civilians residingin a district controlled by ono party who wish to go and livein tho zone assigned to the other parly shall bo permittedand helped to do so by tho authorities? in that district.

75G AMERICAN FOREIGN POLICY, 1950-1955

Article 15 • .The disengagement of the combatants, and the withdrawals and

transfers of military forces, equipment and supplies shall take placoin accordance with tho following principles: .^ .

(a) The withdrawals and transfers pf tho military forces, equip-ment and supplies of the two parties shall be completed withinthree hundred (300) days, as laid down in Article 2 of thopresent Agreement;

(b) Within either territory successive withdrawals shall bo made bysectors, portions of sectors or provinces. Transfers from on'oregrouping zone to another shall bo made in successive monthlyinstalments proportionate to the number of troops to be.transferred;

(c) The two parties shall undertake to carry out all troop with-drawals and transfers in accordance with tho aims of tho pres-ent Agreement, shall permit no hostile act and shall take nostep whatsoever which might hamper such withdrawals andtransfers. They shall assist one another as far as tliis is possible;

(d) The two parties shall permit no destruction or sabotage of anypublic property and no injury to the life and property of thocivil population. They shall permit no interference in lor.nlcivil administration;

(c) The Joint Commission and the International Commission shallensure that steps arc taken to safeguard tho forces in thocourse of withdrawal and transfer;

(f) • The'-Trung' ,Gia Military Commission, and later tho JointCommission, shall determine by common agreement tho exactprocedure for tho disengagement of tho combatants and fortroop withdrawals and transfers, on tho basis of the principlesmentioned above and within tho framework laid down below:I. The disengagement of the combatants, including the con-centration of the armed forces of all kinds and also each party'smovements into tho provisional assembly areas assigned 1oit and tho other party's provisional withdrawal from it, shallbn completed within a period not exceeding fifteen (15) daysafter the date when tho cease-fire becomes c/Toctivo.,

Tho general delineation of tho, provisional assembly areasis set out in the mapsl annexed to the, present Agreement. _

In order to avoid a.ny incidents, no troops shall bo stationedless than 1,500 metres from tho lines delimiting tho provisionalassembly arca,s.

During the period until tho transfers are concluded, all thocoastal islands west of tho following lilies shall be included intho Haiphong perimeter:

- meridian of the southern point of Kobao Island- northern coast of lie Eonsso (excluding the island), extended

as far n.s tho meridian of Campha-Mines- meridian of Campha-Mincs.

ARMISTICE AGRWKMENTS

2. The withdrawals and transfers shall be effected in the•following order and within the following periods (from thedate of the entry into force of tho present Agreement):

Forces oj the French Union- 80 days- 100 days- 300 days

Hanoi perimeterHaiduong perimeterHaiphong perimeter

forces o/ the People's Army of Viet-NamHam Tan and Xuycnmoc provi-

sional assembly areaCentral Viot-Nam provisional as-

sembly area - first instalmentPlain e dcs Jones provisional assembly

areaCentral Viet-Nam provisional as-

sembly area - second instalmentPoint Camau provisional assembly

areaCentral Viet-Nam provisional as-

sembly area -last instalment

CHAPTER III

- 80 days

- 80 days

- 100 clays

- 100 days

- 200 days

- 300 clays

BAN ON THE INTUODUCXION OF Fiussu Tuoors, MILITAHYPERSONNEL, ARMS, AND MUNITIONS. MILITARY BASKS

Article 16With effect from the elate of entry into force of tho present Agree-

ment, the introduction into Viot-Nam of any troop reinforcementsand additional military personnel is prohibited.

It is \mderstood, however, that the rotation of units and groups ofpersonnel, the arrival in Viet-Nam of individual personnel on a tempo-rary duty basis a,nd 'the'rcturn to Vic,fc-Nam of individual personnelafter short periods of lca,vo or temporary duty outside Viet-Nam shallbo permitted under tho conditions laid down below:

(a) Rotation of units (clofined'in paragraph (c) of this Article) and. '' groups of personnel shallT'not bo permitted for French Union

troops stationed 'north'offtho'provisional military demarcationlino laid down iivArtiolc iVf tho'profip.nt'Agrccracnt, during thowithdrawal period provided for in Article 2.

However, under the heading of individual personnel not more,than fifty (50) men, ineluding*'>''o(fic.crs, shall, during any onemonth be permitted to en tor that part of the country north oftho provisional military demarcation line on a temporary dutybasis or to return there after short periods of loavAor temporaryduty outside Viot-Nam.

1 Not reprinted hore.415000—57- -52

Kll!N I'OUCy, l lJf t l ) -

ine i l an tho replacement of u n i t s or groups of;T u n i l s of (ho sa.mo 6ehohm or by personnel

w i n ) are a r r i v i n g in Y i o t - N a m torr i lory l .o <lo their ovorsenuservice I he't'e;

(,e.) '1'he m i l l s rotated shall never bo larger than a battalion or thef i l l - responding echelon for air and naval forces;

(d) 'Rotation shall be conducted on a man-for-man basis, provided,however, that in any one quarter neither party shall introducemore than fifteen thousand five hundred (15,500) members ofils armed forces into Viet-Nam under the rotation policy.

(o) Rotation nnits (defined in paragraph (c) of this Article) andgroups of personnel, and the individual personnel mentionedin this Article, shall enter and leave Viet-Nam only throughthe entry points enumerated in Article 20 below;

(f) Each parly shall notify tho Joint Commission and the Inter-national Commission at least two days in advance of anyarrivals or departure of units, groups of personnel and individualpersonnel in or from Viet-Nam. lie-ports on tho arrivals ordepartures of units, groups of personnel and individual personnelin or from Viol-Nam shall be submitted daily to the Joint Com-mission and the International Commission.

All the above-mentioned notifications and reports shallindicate the places and dates of arrival or departure and thenumber of persons arriving or departing;

(g) The International Commission, through its Inspection Teams,shall supervise and inspect the rotation of units and groups ofpersonnel and tho arrival and departure of individual personnelas authorized above, at the points of entry enumerated inArticle 20 below.

Arlidel?

(a) With effect from the date of entry _ into force of the presentAgreement, the introduction into Viet-Nam of any reinforce-ments in the form of all types of arms, munitions and other warmaterial, such as combat aircraft, naval craft, pieces of ord-nance, jet engines and jet weapons and armoured vehicles,is prohibited.

(b) It is understood, however, that war material, arms and muni-tion!;; which have been destroyed, damaged, worn out or usedi i j ) a f te r 1.110 cessation of hostilities may bo replaced on thobasis of pioee-for-pioce of the same type and with similarcharacteristics. Such replacements of war material, arms andj i n m i l i o n s shall not be permitted for French Union troopsslalioned north of the provisional military demarcation linolaid dowji in article 1 of the present Agreement, during thowithdrawal period provided for in Article 2.

Naval craft may perform transport operations between theregrouping zones.

A11MII . ITI .OW AdlU ' l l ' IMKNTM VT.t)

(o) Tho wtvr Mitvl.w'nvl, II.HUH ivndJmunit ionM for replacement purposesprovided for in i>a.nigraphj,(b) of this Art ic le , s h a l l be, in t ro-duced into Viet-Klaiu ouly^ through the, points of entry enum-erated in Article, L'O below.!,' V V n r material, a rms and m u n i t i o n se e , . , ,to bo re.place.d shii.ll be shipped from Vie t -Nam only t h roughtho points of entry enumerated. in Article LM) below;

(d) Apart from the replacements permitted within the limits laiddown in paragraph (b) of this Article, the introduction of warmaterial, arms and munitions of all typos in the form of un-assembled parts for subsequent assembly is prohibited;

. (e) Each .party shall notify the Joint Commission and the Inter-national -Commission; at least two days in advance of any

. -i. . arrivals or departures which may take place of war material,arms and munitions of all types. .

In order to justify the requests for tho introduction intoViet-Nam of arms, munitions and other {• war material (asdefined in paragraph (a) of this Article) for replacement pur-poses, a report concerning each incoming shipment shall bosubmitted to the Joint Commission and the InternationalCommission. Such reports shall indicate the use made of theitems so replaced;

(f) The International Commission, through its Inspection Teams,shall supervise and inspect the replacements permitted in thocircumstances laid down in this Article, at the points of entryenumerated in Article 20 below. -', . ..... . . , - . .

Article 18With effect from the date of entry into force of the present Agree-

ment, the establishment of new military bases is prohibited tlu-ough-out Vict-Nam territory.

Article 19With, effect from tho date of entry into force of tho present Agree-

ment, no military base under the control of a foreign State may boestablished in the re-grouping zone of cither party; tho two partiesshall ensure that tho zones assigned to thorn do not adhere to anymilitary alliance and are not used for tho resumption of hostilitiesor to further an aggressive policy.

Article 20Tho points of entry into Vict-Nam for rotation personnel and

replacements of material arc fixed as follows:-Zones to the north of tho provisional military demarcation line:

Lnolcay, Langson, Tien-Yen, Haiphong, Vinh, Dong-Hoi, Muong-Son;-Zone to the south of. tho provisional military demarcation lino:

Touranc, Quinhon, Nhatrang, Bangoi, Saigon, Cap St. Jacques,Tanchau.

7(50

Arlldc

AMKKICAN .VOJMOK1N Y, 1050-105C

CHAPTER IV

P u r s o N H U f j OF WAK AND CIVILIAN

Tlu>. l i be ra t i on and repatr iat ion of nil -prisoners of wnr and c iv i l ianinternees detained by each of (.lie two parties nt the coming into forceof the present Agreement shall be earned out imder the followingconditions:

(a) All prisoners of war and civilian internees of Viet-Nani, Frenchund other nationalities captured since the beginning of hostili-ties in Viot-Num during military operations or in any othercircumstances of war and in any part of the territory of Viet-.Nam shal l he liberated w i t h i n a pc.riod of thirty (30) days afterthe, date. when, the- cease-lire becomes t'.fl'cctivo in each theatre.

(b) The term "civilian internees" is understood to mean all personswho, having in any way contributed to the political and armedstruggle between the two parties, have been arrested for thatreason and have been kept hi detention by either party duringthe period of hostilities.

(c) All prisoners of war and civilian internees held l>y either partyshall be surrendered to the appropriate authorities of the otherparty, _who shall give them all possible assistance in proceedingto their country of origin, place of habitual residence or thezone of their choice.

CHAPTER V

MISCELLANEOUSArticle 22

The Commanders of the Forces of the two parties shall ensure thntpersons under their respective commands who violate anj^ of theprovisions of the present Agreement are suitably punished,

Article S3

In cases in which the place of burial is known and the existence ofgraves has been established, the Commander of the Forces of citherparty shall, within a specific period after the entry into force of theArmistice Agreement, permit the graves service personnel of the otherparty to enter the part of Vict-JS!am territory under their militarycontrol for the purpose of finding and removing the bodies of deceasedmil!tiiry personnel of that party, including the bodies of deceasedprisoners of war. The Joint Commission shall determine the pro-cedures and the time limit for the performance of this task. ThoCommanders of the Forces of (lie two parties shall communicate toeach other all information in their possession as to the place of burialof military personnel of the other party.

AKM.IH'I 'K!K A O K K K M K . N ' J ' K 7(51

Article 24Tho present Agreement shall apply to all the firmed forces of either

party. Tho armed forces of each party shall respect the demi l i t a r i z ed/one and the territory under the. mil i tary control of the oi l ier p a r l y ,and shall commit no act and undertake no opera t ion against the o t h e rparty and shall not engage in b lockade of any k i n d in V i e t - i V u n i .

For the purposes of the present Article, the word "territory" in-cludes territorial waters and air space.

Article 25

The Commanders of the Forces of the two parties shall afford fullprotection and all possible assistance and co-operation to the JointCommission and its joint groups and to the International Commissionand its inspection teams in the performance of the functions and tasksassigned to them by the present Agreement.

Article 2GThe costs involved in the operations of the Joint Commission and

joint groups and of the International Commission and its InspectionTeams shall be shared equally between the two parties.

Article 27

The signatories of the present Agreement and their successors inthen1 functions shall be responsible for ensuring-the observance andenforcement of the terms and'provisions thereof. Tho Commandersof the Forces of the two parties shall, within their respective com-mands, take all steps and make all arrangements necessary to ensurefull compliance with all the provisions of the present Agreement byall elements and military personnel under their command.

The procedures laid clown in the present Agreement shall,_ whenevernecessary, be studied by the Commanders of the two parties and, ifnecessary, defined more specifically by the Joint Commission.

CHAPTER VI

JOINT COMMISSION AND INTERNATIONAL COMMISSION FOR SUPERVISIONAND CONTKOL IN VlET-NAM

28. Responsibility for the execution of the agreement on the cessationof hostilities shall rest with the parties.29. An International Commission shall ensure the control and super-vision of this execution.30. In order to facilitate, under the conditions shown below, the exe-cution of provisions concerning joint actions by the two parties a JointCommission shall be set up in Vict-Nam.31. The Joint Commission shall be composed of an equal number ofrepresentatives of the Commanders of the two parties.32. Tho Presidents of the delegations to the Joint Commission shallhold the rank of General.

AMKUTCAN rOHiaCIN POLICY, H).1) 0-1 955

The. Joint Commission shall sot, up joint groups the nurnbcv of whichphall bo determined by mutual agreement l)ot\vocn the parties. Tliojoint group:; shall be composed of un e q u u l number of officers fromb o t h pin-tics/- Their location on the demarcation l ino bcLweou tlioiv.-gTOupiiu1; '/.ones shall be determined by the parties whilst takinginto account the powers of the Joint Conmiissio.ii.o3. The Joint Commission shall ensure the execution of the followingprovisions of the Agreement on the cessation of hostilities:

(n.) A simultaneous and general cease-fire in Viet-Nam for allregular and irregular armed forces of the two parties.

(b) A re-groupment of the armed forces of the two parties.(c) Observance of the demarcation linos between the re-grouping

wmes luul of the demilitarized sectors.

Within the limits of its competence it shall help tlio parties toexecute the said provisions, slin.ll ensure liaison between them for thepurpose, of preparing and carrying out plans for the application ofthose, provisions, and shnli endeavour: to solve such disputed questionsas may arise between the parties in the course of executing thesoprovisions.: > • ! . Ai\ Lit eni ationnl Commission shall bo set up for the control andsupervision of the application of the provisions of the agreement on(ho cessation of 'hostilities in Viel-Nam. It shall be composed of.representatives of the following Slates: Canada, India and Poland.

It shall bo presided over by the Representative of India.,'],r). The international Commission shall sot up fixed find mobilesinspection (cams, composed of an equal number of olficors appointedby each of the above-mentioned States. The fixed teams shall bolocated at Ihe following points: Laokay, Langson, Tien-Yen,Haiphong, Vinh, Dong-Hoi, Muong-Scn, Tourane, Quinhon, Nha-trang, Biuigoi, 8aigon, Cap St. Jacques, Tranchau. These points oflocal ion may, at a later da to, be altered at the request of the JointCommission, or of one of the parties, or of the International Com-mission itself, by agreement between the International Commissionand the command of the party concerned. The zones of action of themobile teams tOi f i l l be the regions bordering the land and sea frontiersof Viet-Nnm, tho demarcation linos between the re-grouping zonesand tlio de-militarized zones. Within the limits of these zones theyylml l have the right to move freely and shall receive from tho localc.ivil ;md mil i tary authorities all facilities they may require for thofu l f i lmen t of their tasks (provision of personnel, placing at their disposaldocuments needed for supervision, summoning witnesses necessarylor holding enquiries, ensuring (he security find freedom of movementof (ho inspection teams, etc. . . . ). They shall have at their disposalsucli modern means of transport, observation and communicationas they may require. Beyond the zones of action as defined above,the mobile teams may, by agreement will) (he command of tho partyconcerned, carry out other movements within tho limits of tlio tasksgiven them by the present agreement.

ARMISTICE AGR13KMKNTS 7G3

36. Tho International Commission shall be responsible for supervisingthe proper ox ecu lion by tlio parties of the provisions of the agree-ment.. For this purpose it shall fulfil the tasks of control, observation,inspection and investigation connected with the applicat ion of the.provisions of the agreement on tho cessation of hostilities, and it shallin particular:

(a) Control the movement of tlie armed forces of the two parties,effected within tlie framework of tho regroupment plan.

(b) Supervise the demarcation lines between the regrouping areas,and also the demilitarized zones.

(c) Control the operations of releasing prisoners of war and civilianinternees.

(d) Supervise at ports and airfields as well a,s along all frontiers ofViet-Nam the execution of the provisions of the agreement onthe cessation of hostilities, regulating the introduction into tliecountry of armed forces, military personnel and of all kinds ofarms, munitions and war material.

37. The International Commission shall, through the medium of theinspection teams mentioned above, and as soon as possible either onits own initiative, or at the request of the Joint Commission, or ofone of tho parties, undertake the necessary investigations both docu-mentary and on the ground.38. Tho inspection teams shall submit to tho International Commis-sion the_ results of their supervision, their investigation ^.and. theirobservations, furthermore they shall draw up such special reportsas they may consider necessary or as may bo requested from them bytho Commission. In the case of a disagreement within tho teams,tho conclusions of each member shall be submitted to the Commission.oO. If any one inspection team is unable to settle an incident or con-siders that there is a violation or a threat of a serious violation theInternational Commission shall bo informed; tho latter shall studythe reports and the conclusions of the inspection teams and shallinform tho parties of tlio measures which should bo taken for thosettlement of the incident, ending of tho violation or removal of thethroat of violation.•10. When the Joint Commission is unable to reach an agreement ontho interpretation to be given to some provision or on tho appraisalof a fact, the International Commission shall be informed of tho dis-puted question. Its recommendations shall bo sent directly to thoparties and shall be notified to the Joint Commission.41. The recommendations of the International Commission shall beadopted by majority vote, subject to the provisions contained inarticle 42. If tho votes arc divided the chairman's vote shall bodecisive.

Tho International Commission may formulate recommendationsconcerning amendments and additions which should be made to thoprovisions of the agreement on the cessation of hostilities in Viet-Nnm,

AHMISTICJO AGHICMMKNTS 705

7G-1 AMERICAN I'OKKIGN POLICY, 1900-1955

in on lor to ensure n more rUVotive exrnition of that agreement,TlH;i;i! recommendations shall bo adopted unanimously.42. When dotiliug with questions concerning violations, or threats ofviolations, which might lend to a resumption of hostilities, namely:

(a) Refusal by the urined forces of one party to effect the move-ments provided for in the regroupment plan;

(b) Violation by the armed forces of onu of the parties of theregrouping /ones, territorial waters, or air space of the otherparty;

the decisions of the International Commission must be unanimous.4:5. If one of the parties refuses to put into effect a recommendationof the In ternat ional Commission, the parties concerned or the Coin-mission itself shall inform the members of the Geneva Conference.1

if the .International Commission docs not roach unanimity in thecases'prov'uled for in article 42, it shall submit a majority report andone or more minority reports to the members of the Conference.

The .International Commission shall inform the members of theConference in all cases where its activity is being hindered.44. The International Commission shall be set up at the time of thecessation of hostilities in Indo-China in order that it should be ableto fu l f i l the tasks provided for in article 30.45. The International Commission for Supervision and Control inViot-N'am shall act in close co-operation with the InternationnlCoin missions for Supervision and Control in Cambodia and Laos.

The Secretaries-General of these three Commissions shnll boresponsible for co-ordinating their work and for relations betweenthem.46. The International Commission for Supervision and Control inVict-Nnm may, after consultation with the International Commissionsfor Supervision and Control in Cambodia and Laos, and having regardto the development of the situation in Cambodia and Laos, progres-sively reduce its activities. Such a decision must be adopted unani-mously,

47. All the provisions of the present Agreement, save the secondsub-paragraph of Article 11, shall enter into force at 2400 hours((Jencva liuie) on 22 July 1954.

FrenchDonand in

.11 in Geneva at 2400 hours on Ihe 20th of July 1951 inVict-Numcso, both texts being equally authentic.

1 Soc infra, does. 0 nncl JO.

ANNEX TO THE AGREEMENT ON THE CESSATION OFHOSTILITIES IN V1.ET-NAM

I. Delineation of the provisional military demarcation line, and Ikedemilitarized zone (Article 1 of the Agreement; reference map:Indo-China 1/100,000 *)

(a) The provisional military demarcation lino is fixed as follows,reading from cast to west:

the mouth of the' Song Ben Hat (Cua Tung River) and thecourse of that river (known as the Rao Thanh in the moun-tains) to the village of Bo Ho Su, then the parallel of Bo Ho Suto the Laos-Viet-Nam frontier.

(b) Tho diinilitarizcd zone shall bo delimited by Trung GiaMilitary Commission hi accordance with the provisions ofarticle 1 of the Agreement on the cessation of hostilities inViot-Nam.

II. General delineation of the provisional assembly areas (Article 15of the Agreement; reference maps: Indo-China 1/400,000) *

(a) NORTH VIET-NAM

Delineation of the boundary of the provisional assembly area ofthe French Union forces ^ : . < : • • • ; , • •

1. The perimeter of PTanoi is delimited by the arc of a circlewith a radius of 15 kilometres, having as its centre the rightbank abutment of Douinor Bridge and running westwardsfrom the Red River to the Rapids Canal in the north-east.In this particular case no forces of the French Union shall bostationed less than 2 kilometres from this perimeter, on theinside thereof.2. The perimeter of Haiphong shah1 be delimited by theSong-Van-Lie as far as Kim Thanh and a lino running fromthe Song-Va7i-Uc throe kilometres north-east of Kim Thanhto cut Road No. 18 two kilometres east of Mao-Kho. Thencea line running three kilometres north of Road IS to Cho-Troiand a straight line from Cho-Troi to the Mong-Duong feny.3. A corridor contained between:

In the south, the Red River from Thanh-Tri to Bdng-Nho',. thence a line joining the latter point to Do-My (south-

west of Kesat), Gia-Loc and Tien Kicn;In the north, a lino running along the Rapids Canal at adistance of 1,500 metres to the north of the Canal, passingthree kilometres north of Pha-Lai and Seven Pngodas andthence parallel to Road No. IS to its point of intersectionwith the perimeter of Haiphong.

1 Not reprinted here.

7130 AMERICAN FOUKIGN POLICY, 1050-10S5

NOTK: Throughout the period of evacuation of tho perimeterof Hanoi, {ho river forces of the French Union shall enjoycomplci.e, f r iM-dom of movement on the. Song-Van-lfe. And( I l u foiv.i's of the. .lY.uplo'tt Army of Viot-Num shall with-draw throe, kilometres south of tho south bunk of L i i cMong-Yun-Uo.

Boundary between the perimeter of Hanoi and the perimeter ojHaiduong

A straight lino running from tho Rapids Canal Ihrcokilometres west of Clii-no und ending at Do-My (eight kilo-metres south-west of ICcsat).

(b) CENTRAL V1ET-NAMn din call on- <>J the boundary of the, provisional assembly area, ojthe jorccs oj the Vicl-A'ain People's Army south of the Col dasN'ti ages parallel

The porimctcr of tho Central Viot-Nam area shall consist oftho administrative boundaries of the provinces of Quang-Ngniand Binh-Dinh as they were defined before the hostilities.

(o) SOUTH VIET-NAMThree provisional assembly areas shall bo provided for theforces of Die People's Army of Viot-Nam.Tho boundaries of these areas are as follows:

1. i-Moc, Ham-Tan AreaWestern boundary: The course of the Song-Ray extendednorthwards as far as Road No. 1 to a point thereon eightkilometres oast of the intersection of Road No. 1 and RoadNo. 3.Northern boundary: Road No. 1 from the above-mentionedintersection to the intersection with Route CommunaloNo. 0 situated 27 kilometres west-south-west of Pharithictiuicl from that intersection ft straight lino to Kim Tlianlion the coast.

Plains des Jones AreaNorthern boundary: The Vict-Nam—Cambodia frontier.Wcslf.m boundary: A straight lino from Tong-Binli LoBinh-Thanh.Soutli-em boundary: Course of tho Fleuvo Antericur (Me-kong) to ten kilometres south-east of Cao Lanh. Fromthat point, a, straight lino as far as Ap-My-JDicn, undfrom Ap-My-Dien a line parallel to and three kilometreseast and then south of the Tong Doe-Loo Canal, this linoreadies My-lIunh-.Dong and thence Hung-Thanh-My.Eastern boundary: A straight lino from Hung-Thunh-My

AGUHKMENTS 767

running northwards to tho Cambodian frontier south ofDoi-Bao-Voi.

3. Point Carnau AreaNorthern boundary: The Song-C'ai-loji from its mouth l.oits junction with tho Ruoh-Nuoo-Trong, (.henco tho liucli-Nuo(;-Trong to tho bond f ive kilometres north-east ofAp-Xoo-Lu. Thereafter u lino to tho Ngun-Dun Canalund following that Canal as far as Vinh-llung. Finally,from Vinh-IIung a north-soutli line to the sea.

7. AGREEMENT ON THE CESSATION OF HOSTILITIES INCAMBODIA, JULY 20, 1954 '

CHAPTER I

PlUNCIPLES AND CONDITIONS GoVKIlNING EXECUTION OF THECEASE-FIRM

Article 1.

As from twenty-third July 1954 at 0800 hours (Pckin mean time)complete cessation of all hostilities throughout Cambodia shall boordered and enforced by the Commanders of tho Armed Forces of thel.wo parlies for all troops and personnel of -the land; -naval and airforces under their control. '

Article 2.

In conformity with tho principle of a simultaneous cease-firetlu'oughout Indo-Chma, there shall be a simultaneous cessation ofhostilities throughout Cambodia, in all the combat ureas and for allUio forces of tho two parties.

To obviate any mistake or misunderstanding and to ensure thatboth the ending of hostilities and all other operations arising fromcessation of hostilities are in fact simultaneous,

(a) due allowance being made for tho time actually required for -transmission of tho cease-fire order clown to the lowest echelonsof tho combatant forces of both sides, the two parties are agreedthat the complete and simultaneous cease-fire throughout theterritory of Cambodia shall become e/Fective at 8 hours (localtime) on 7 August 1954. It is agreed that Pokin mean timeshall be taken as local tune.

(b) Each side shall comply strictly with the time-table jointlyagreed upon between tho parties for the execution of all opera-tions connected .with the.'cessation of hostilities.

: '•-1 Gcncvfi Conference cloo. IC/52; reprinted in Kc-porl on Indochina: Report of

Scnuiar Mike Afansficlil on a Study Mission to Vietnam, Cambodia, Laos, Oct. 15,1-)M (Scnale Foreign Relations Gommiltco print, 83d Cong., 2dsi!ss.), pp. 30—1.1.l''or eulry into forco, sue article i)3.

7U8 AMlilKICAN VOIU5IGN POLICY', 1050-1055

Arlick S.

All operulions and movements connected with t-ho execution ol' the(.•fis?.at.iou of hostilities must bo carried out, in a safe and orderly fashion,

(n) 'Within H number of days to be determined by the Commandersof both sides, .-i.fier the cease-fire has been nchievcd, each partyshull be responsible 'J'or removing and neutrali'/iug mines, boobytraps, explosives and any oilier dangerous devices placed by it.vShouId it be impossible to complete removal and neutralizationbefore departure, the party concerned will mark the spot byplacing visible signs. Sites thus cleared of mines and anyother obstacles to the free movement of the personnel of theInternational Commission and the Joint Commission shall he.notified to the. latter by the local military Commanders.

(b) Any incidents that may aviso between the .forces of the twosides and may result from mistakes or misundersLandings shallbe settled on the spot so as to restrict their scope.

(c) During the days immediately preceding the cease-fire eachparty undertakes not to engage in any large-scale operationbetween, the time when the Agreement on the cessation of hos-tilities is signed at Geneva and the time when the ecasc-firocomes into effect.

CHAPTER II

PnocKDUiu; FOU TJHJ WITHUBAWAL OF rjris FOHKIGN AUMWU FOKCKS.VNM) FoiiKifiN' MILITAUY PKUSONNKL FIIOM THE TEUKITORY ovCAMBODIA

Article, 4'1. The withdrawal outside the territory of Cambodia shall apply to:

(a) the armed forces and military combatant personnel of theFrench Union:

(b) the combatant formations of all types which have entered theterritory of Cambodia from other countries or regions of thepeninsula:

(c) all live foreign elements (or Cambodians not natives of Cam-bodia) in the military foranations of any kind or holding su-pervisory functions in all political or military, administrative,economic or social bodies, having worked in liaison with theViel-Nam military units.

2. The withdrawals of the fore.es and elements referred to in theforegoing paragraphs find their military supplies and materialsmust be completed within 90 days reckoning from the entryinto force of tiio present Agreement.

3. The two parties shall guarantee that the withdrawals ofall the forces will be elTccied in accordance with the purposesof tho Agreement, and that they will not permit any hostile

A1MISTICJ!) AGHEEM ENTS 709

action or take anjT action likely to create difficulties for suchwithdrawals. Thoy shall assist one another as far as possible.

4. While the withdrawals are proceeding, tho two parlies slni.llnot permit any destruction or sabotage, of public property orany attack on the life or properly of the civilian population.They shall not permit any interference with tho local civiladministration.

5. The Joint Commission and tho International SupervisoryCommission shall supervise tho execution of measures to ensurethe safety of the forces during withdrawal.

G. The Joint Commission in Cambodia shall determine the detailedprocedures for the withdrawals of the forces on the basis of theabove-mentioned principles.

CHAPTER III

OTHER QUESTIONS

A. The Khmer armed forces, natives of Cambodia

Article 5. The two parties shall undertake that within thirty daysnftor the cease-fire order has been proclaimed, the Khmer ResistanceForces shall be demobilised oil the spot; simultaneously, tho troopsof the Eo} !̂ Khmer Army shall abstain from taking any hostileaction against the Khmer Resistance Forces. - ,. .. .Article 6'. The, situation of those nationals shall be decided in tholight of the Declaration made by the Delegation of Cambodia at theGeneva Conference, reading as follows:

"The Royal Government of Cambodia,In tho desire to ensure harmony a.nd agreement among tho peoplesof the Kingdom,Declares itself resolved to take tho nccossai-y measures to integrate

all citizens, without discrimination, into the national communityanil to guarantee them the enjoyment of the rights and freedoms forwhich the Constitution of tho Kingdom provides;

Affirms that all Cambodian citizens mayfreclyparticipate as electorsor candidates in general elections by secret ballot."

No reprisals shall be taken against tho said nationals or theirfamilies, each national being entitled to the, enjoyment, withoutany discrimination as compared with other nationals, of all constitu-tional guarantees concerning tho protection of person and propertyand democratic freedoms.

Applicants therefor may be accepted for service in the RegularArmy or local police formations if they satisfy tho conditions requiredfor current recruitment of tho Army and Police Corps.

The same procedure shall apply to those persons who have returnedto civilian life and who may apply for civilian employment on thosame terms as other nationals.

770 AMERICAN FOREIGN POLICY, 1950-1955

Jlttn on- IliC- Inl.rwlu.vlw it, of Fresh Troops, Military Personnel,t and Mu-n-ilion-K. MUikiry liases.

In accordance with the Declaration, inside by the Delegation ofCambodia at 2400 hours on 'JO July 195-t at, tho Geneva, Conl'cvoncoof Foreign Ministers:

"TJio Tioyal Government of Cambodia will not join in any agree-ment wi th other States, if this agreement carries for Cambodia 1,110obligation lo enter into a military alliance1, not in conformity withthe principles of the Charier of the United Nations or with theprinciples oi' the agreements on. the cessation of hostilities, or,as long as its security is not threatened, the obligation to establishbases on Cambodian territory for the military forces of foreignpowers.

"During the period which will elapse between the date of thecessation of hostilities in Viet-Nam and that of the final settlementof political problems in this country, tlio Koyul Government ofCambodia will not solicit foreign aid in war material, personnelor instructors except i'or the purpose of the effective defence ofthe tcrritoiy."

C. Civilian Internees and Prisoners of War.—Burial.

Article S.The liberation and repatriation of all civilian internees and prisoners

of win1 detained by each of tho two parties at the coming into forceof the present Agreement shall bo carried out under tho followingconditions:

(a) All prisoners of war and civilian internees of whatever nation-ality, captured since the beginning of hostilities in Cambodiaduring military operations or in any other circumstances ofwar and in any part of tho territory of Cambodia shall boliberated after tho entry into force of the present ArmisticeAgreement.

(b) Tho term "civilian internees" is understood to mean all personswho, having in any way contributed to the political and armedstruggle between the two parties, have been arrested for thatreason or kept in detention by either party during the periodof hostilities.

(c) AJ1 foreign prisoners of war captured by cither party shall bosurrendered to the appropriate authorities of the other party,who shall give them all possible assistance in proceeding totho destination of their choice.

Article 9.After the entry into force of tho present Agreement, if tho place of

burial is known and tho existence of graves has been established, tho

ARMISTICE AGREEMENTS 771

Cambodian commander shall, within a specified period, authorisethe exhumation and removal of tho bodies of deceased militarypersonnel of the other party, including the bodies of prisoners of waror personnel deceased and buried on Cambodian territory.

Tho Joint Commission shall fix the procedures by which this taskis to be carried out and the time limit within which it must bocompleted.

CHAPTJSK IV

JOINT COMMISSION AND INTERNATIONAL COMMISSION FOIISuPKKViMiON AND CONTROL IN CAMHOUIA

Article 1 0 . • . • • • • ' ' • ' • • ' • • : •

Responsibility for the execution of the 'Agreement on tho cessationof hostilities shall rest with the parties.

Article 11.

An International Commission shall bo responsible i'or control andsupervision of the application of tho provisions of the Agreementon the cessation of hostilities in Cambodia. It shall be composedof representatives of the following States: Canada, India and Poland.It shall bo presided over by the representative of India. Its head-quarters shall be at Phnom-Peuh.

Article 12. : ';. i •• : ' : . ••• • • • . - . . . • • • • '.The International Commission shall set up fixed and mobile

inspection teams, composed of an equal number of officers appointedby each of tho above-mentioned States,

The fixed teams shall be located at the following points: Phnpm-Penh, ICompong-Cham, Kratic, Svay-Ricng, Kampot. These pointsof location may bo altered at a Inter date by agreement between theGovernment of Cambodia and the International Commission.

The zones of action of tho mobile teams shall be the regions border-ing on the laud and sea frontiers of Cambodia. The mobile teamsshall have the right to move freely within tho limits of their zonesof action, and) they shall receive from tho local civil and militaryauthorities all facilities they may require for tho fulfilment of theirliislcs (provision of personnel, access to documents needed for super-vision, summoning of witnesses needed for enquiries, security andfreedom of movement of the inspection teams, etc.). They shallhave at their disposal such modem means of transport, observationmid communication as they may require.

Outside tho zones of action defined above, the mobile teams may,will i the agreement of tho Cambodian Commander, move about asrequired by tho tasks assigned to them under the present Agreement.Article IS.

The International Commission shall bq responsible for supervisingLlie execution by tho parties of the provisions of tho present Agree-

,72 AMEIMCAN I-DEMON POLICY, 1950-1955

niont. For this purpose it shall fulfil the functions of control, observa-tion, inspection and investigation connected with the implementationof tho provisions of the Agreement on the cessation of hostilities, andshall in ptirticlilar:

(a.) control the withdrawal of foreign forces in accordance with theprovisions of the Agreement on the cessation of hostilities andsee that frontiers arc respected;

(b) control the release of prisoners of war and civilian internees;(c) supervise, at ports and airfields and along all the frontiers of

Cambodia, the application of the Cambodian declaration con-cerning the introduction into Cambodia of military personneland war materials on grounds of foreign assistance.

Article 14.A Joint Commission shall bo set up to facilitate the implementation

of the clauses relating to the withdrawal of foreign forces.The Joint Commission may form joint groups the number of which

shall be decided by mutual agreement between the parties.The Joint Commission shall facilitate the implementation of the

clauses of the Agreement on Iho cessation of hostilities relating to thesimultaneous and general cease-lire in Cambodia for all regular andirregular armed forces of the two parties.

it shall assist the parties in the implementation of the said clauses;it shall ensure liaison between them for the purpose of preparing andcarrying out plans for the implementation of tho said clauses; it shallendeavour to settle any disputes between the parties arising out of thoimplementation of these clauses. The Joint Commission may sendjoint groups to follow the forces in thoir movements; such groups shallbe disbanded once the withdrawal plans have been carried out.

Article 1C.Tho Joint Commission shall be composed of an equal number of

representatives of the Commands of tho parties concerned.

Article 16.The International Commission shall, through tho medium of tho

inspection teams mentioned above and as soon as possible, cither onits own init iative or at tho request of tho Joint Commission or of one oftho parties, undertake the necessary investigations both documentaryand on the grouiul.

Article 1'LThe inspection teams shall transmit to the International Com-

mission the results of their supervision, investigations and obscmi-tio7is; furthermore, they shall draw up such special reports us they;uu3' {'.onsidor ncot:ss:iry or «s may be requested from them by I In'Commission. In the case of a disagreement within tho teams, thefindin<>;.s of each member shall be transmitted to tho Commission.

AHM1STICE AGREEMENTS

Article 18.773

If an inspection team is unable to settle an incident or considersthat there is a violation or threat of a serious violation, the Inter-national CommissioTi shall be informed; the Commission shiill examineihc reports and findings of tho inspection teams and shall inform theparties of the measures to bo taken for tho settlement of the incident,ending of the violation or removal of the threat of violation.Artic?e 19.

When the Joint Commission is unable to reach agreement on theinterpretation of a'provision or on the appraisal of a fact, the Inter-national Commission shall be informed of the disputed question. Itsrecommendations shall be sent directly to the parties and shall be noti-fied to the Joint Commission,

Article $0.

. .— «w viv/^i^A Y Isi.....^...HULMUU Commission may make recommendations con-cerning amendments and additions which should be made to (.lieprovisions of the Agreement on Ui» "•*<•«<:—- ' '

,..^rmj ^.*JH-„ .--....uunus IMIU additions which should be made to theprovisions of the Agreement on the cessation of hostilities in Cambodia,in order to ensure more oll'ective execution of tho.said Agreement.These recommendations shall be adopted unanimously. ' • • • . • • • ',t,.>-•-.>- -n-f

On questions concerning violations, or throats of violations, whichmight lead to a resumption of hostilities, and in particular,

(a) refusal by foreign armed forces to effect the movements pro-vided for in tho withdrawal plan,

(b) violation or threat of violation of the country's integrity byforeign armed forces,

the dccisioiis of the International Commission must bo unanimous.Article 22.

If one of tho parties refuses to put a recommendation of the Intor-nuiioiml Commission into effect, tho parties concerned or tho Com-mission itself shall inform the members of the Geneva Conference.'

If the International Commission An™ ««< •—'• --om-.. a norm the members of the Geneva Conference.'

Jf iJie International Commission docs not reach unanimity in theses provided for in article 21, it shall transmit a majority report and

ono or more minority reports to members of the Conference.The International Commission shall inform the members of tho

Conference .of all cases in winch-its work is being hindered.1 .Sec infra, cloos. 9 and 10,

•1 IODUO--07 - 03

. \ M K K I C A N I ' O M C V , U > f i < ) - H)I>G

The In te rna t iona l Commission shal l be, sc.l, i i | > ad the. d ime of thecessation of host i l i t ies in l i ido-Chimt- in order l.l ial. id may be able. inpi-r lorm the tasks prescribed in artieJo Ki.

Article. ?J,.The International Commission for Supervision and Control in

Cambodia shall act in close cooperation with the International Com-missions in Viet-Nam. and Laos.

The Secretaries-General of those three Commissions shall bo respon-sible for coordinating their work and for relations between them.

Article 25.

The international Commission for Supervision and Control inCambodia may, after consultation with the International Commissionsin Viet-Nam and in Laos, and having regard to the development of thesituation in Viet-Nam and in Laos, progressively reduce its activities.Such a decision must be adopted unanimously.

CHAPTER V

IMPLEMENTATIONArticle S6.

The Commanders of the forces of the I wo parlies shall ensure thatpersons under their respective commands who violate any of the pro-visions of the present Agreement arc suitably punished.

Article 27.The present Agreement on the cessation of hostilities shall apply to

nil the armed forces of cither party.

Article 2S.

The Commanders of the forces of the two parties shall afford fullprotection and all possible assistance and co-operation to the JointCommission and to the International Commission and its inspectionteams in the performance of their functions.

Article 89.The. Joint Commission, composed of an equal number of representa-

tives of the Commands of the two parties, shall assist the parties inthe implementation of all the clauses of the Agreement on the cessationof hostilities, ensure liaison between the two parties, draw up plansfor the implementation of the Agreement, and endeavour to settle anydispute arising out of tlio implementation of the said clauses and plant).

Art-id,';W,

'lie. costs i n v o l v e d in the operation of the, Join!, Commission shall beshared equally between the l\vo parties.

Article fiL

The signatories of the present Agreement on the cessation of hos-tilities and their successors In their functions shall be responsible forthe observance and enforcement of the terms and provisions thereof.The Commanders of the forces of the two parties shall, within theirrespective commands, take all steps and make all arrangements neces-sary to ensure full compliance with-all the provisions of the presentAgreement by all military personnel under their command.

. i | • . 1 . 1 , i , i . l ,- I • .

Article 32. • . ; • • ' • . , ' • ' • •

The procedures laid down in the present Agreement shall, whenevernecessary be examined by the Commands of the two parties and, ifnecessary, defined more specih'calty by the Joint Commission.Article 33.

All the provisions of the present Agreement shall enter into force at00 hours (Geneva time) on 23 July 1054.

Done at Geneva on 20 July 1954.

8. AGREEMENT ON THE CESSATION OF HOSTILITIES INLAOS, JULY 20, 1954 1

CHAPTER I

CKASH-FUUO ANU EVACUATION or FOIWIGW AKAIKDFOBEIGN MILITARY PJBKSONNBI,

Arlide 1.

The Commanders of the armed forces of the parties in Laos shallorder and enforce the complete cessation of all hostilities in Laos bynil armed forces under their control, including all units and personnelof dho ground, naval and air forces,

Arlide 2. ••

Tn accordance with the principle of a simultaneous cease-fire through-nut Indo-China the cessation of hostilities shall bo simultaneous

'G lMlUVI l Coilfin-m,™ ,J~. •lV"""« ' -

AND

^ v , , Coiifwcnco doc. IC/Sl/Rov. 1; rcprintuil in Report <m Indochina.:Rcimrt of Senator J\fike Mansfield on a Mind;/ Mission to Vietnam, Cambodia, Laos,Oct. 15, lflfl-1 (Senate Foreign Halations Committee print, S'Jd Cons-, 2cl sc.ss.),pp. .'iO-SS. For on fry into forco, sac articles 2 (u) and '10.

77(> AMHJtlCAN rOKWtCUN I'OLICV, 1 US0-1 OSS

t h r o u g h o u t (he. territory of Ijiios in all combat areas and for all forcesof the two parl ies .

In order to prevent any mistake or misunderstanding and to ensure(ha t both the cessation of hostilities and the disengagement andmovements of the opposing forces are in fact simultaneous,

(a) Taking into account the time effectively required to transmitthe cease-lire order down to the lowest echelons of the. com-batant forces on both sides, the two parties are agreed that thecomplete and simultaneous cease-fire throughout the territoryof Laos shall become cil'cetive at 8 hours local time on G Au-gust 1054. It is agreed that Pckin moan thne shall bo takenas local time. : , , . ' ; i . - i . . . \ \ l : . , | " F , , . : . , ( . /

(b) The Joint Commission for Laos shall draw up a schedule forthe other operations resulting from tho cessation of hostilities.

J\TOTK: The cease-lire shall become effective 1(5 da.ys af ter the ent ryinto force of the present Agreement.

Article SAll operations and movements entailed by the cessation of hostilities

and re-grouping must proceed in a snfo and orderly fashion:

(n) W i t h i n a number of days to bo determined on the spot by theJoint Commission in Laos each party shall be responsible forremoving and ne.ulrali /mg mines, booby traps, 'explosives andany other dangerous substance placed by it. In the event ofits being impossible to complete, tho work of removal andneu t r a l i za t ion in time, the party concerned shall mark the spotby placing visible, signs there.

(b) As regards the security of troops on the. move following thelines of communication in accordance with the schedule, pre-viously drawn up by the Joint Armistice Commission in Laos,and the safety of the assembly ureas, detailed measures shallbe adopted in each case by the Joint Armistice Commission inLaos. In particular, while the forces of one party are with-drawing by a. line of communication passing through the terri-tory of the other party (road or waterways) the forces of thelatter party shall provisionally withdraw two kilometres onei ther side of such line of communica t ion , but in such a manneras to avoid interfering wi th the, movement of the civi lpopulation. ;

Arlids 4The withdrawals and transfers of military forces, supplies and

equipment shall be effected in accordance with the, followingprinciples:

(a.) The withdrawals and transfers of the. military forces, suppliesand equipment of tho two parties shall be completed within

AHMl'STIOK AC)UKUTilK 777

VHO days from the dny on. which the Ar in i s l i e; into force.

(b)

a period ofAgreementThe two parties under take (o communicate, their transfer plansto eju'h other, for information, within- 2/5 days of the entryinto force of tho present Agreement.The withdrawals of tlio Viet-Name.se People's Volunteers fromLaos to Viet-Nam shall bo effected by provinces. The positionof those volunteers who were settled in Laos before tho hostilitiesshall form the subject of a special convention,

(c) The routes for the withdrawal of the forces of the French Unionand Viet-Namese'People's Volunteers in Laos from Laotian

• ' ' territory-shall be' fixed 'om tho spot by the Joint Commission;':• (d) The two'parties shall guarantee that tho withdrawals'and trans-"• .; fcrs of all;forced will bo-effected in accordance with the pur-

poses of this Agreement, and that they will not permit anyhostile action or take action of any kind whatever which mighthinder such withdrawals or transfers. Tho parlies shall assisteach other as far as possible.

(e) While the withdrawals and transfers of the forces arc proceed-ing, the two parties shall not permit any destruction or sabo-tage of any public property or any attack'on the life or propertyof the local civilian population. They shall not permit anyinterference with the local civil administration.

(I) Tho Joint Commission and tho International Commission shallsupervise tho implementation of measures to ensure the safetyof the forces during withdrawal and transfer,

(g) Tho Joint Commission in Laos shall determine tho detailedprocedures for tho withdrawals and transfers of the forces inaccordance with the above-mentioned principles.

Arlida 5 .

During tho days immediately preceding the cease-fire each partyundertakes not to engage in 'any large-scale operation between thetune when tlio Agreement on the cessation of hostilities is signed atGeneva and the time when the cease-fire comes into effect.

' CHAPTER II

PKomnrrioN OP TUB INTRODUCTION OP FKKSU Tuoors,MILITARY PERSONNEL, AnMAiuiiNTs AND MUNITIONS

Article 6 •

With 'effect from the proclamation of the cease-fire tho introductioninto Laos of any reinforcements of troops or military personnel fz-omoutside Laotian territory is prohibited.

Nevertheless, tho French High Command may leave a specifiednumber of French military personnel required for the training of theLaotian national army in the territory of Laos; the strength of such

AMEUICAN VQRE1GN POLICY, 1950-1955

inel shall no(. exceed one thonsand live hundred (1,500) oflicerson-commissioned ofl'icers.

mi the entry into force of llic present Agreement, the cstablish-of nc\\r military bases is prohibited throughout the territory

OS.

V 8

(> High Command of the French forces shall maintain in theory of Laos the personnel required for tlio maintenance of two•li military establishments, the first at Scno and the second inlekong valley, either in the province of Vientiane or downstream

. Vient iane.<> I 'dVclives mainta ined in those juililary establishments shall noj-il a t o t a l of three thousand live hundred (3,500) men.

/,; 0

>ou the entry into force of the present Agreement and in accord-wilh the. declaration made at the Geneva Conference by (he

tl Government of Laos on 20 July 1954, ] the introduction intoof armaments, munit ions and military equipment of all kinds

.ihibiU'd, with the exception of a specified quantity of armamentslogorios specified as necessary for the defence, of Laos.

•k 10

ic new armaments and military personnel permitted to enterin accordance with (lie terms of Article 0 above shall enter Laos

.ho following points only: Luang-Prabang, Xicng-K homing,tiane, Scno, Pakse', Savannakhct and Tch6pone.

CHAPTER III

DlP12.\GA«.KMENT OF 'J'Hli FoitCKS — AsSEMJUjY AlUOAS —CONCUNTUATiOX AREAS

•If 11

>c disengagement of ite»' armed forces of both sides, including:'Ml.".'i.i.ion of (.lie armeiT forces, movements to rejoin the provi-i.l iif-.vmbl.y iiix-us; al lotted lo one party and provisional withdrawal• i i K ' n l s by the other party, shall be completed within a periodBreeding lUteon (15) day.-; after the cease lire.

ic Joint Commission in Lnos shall fix (lie sites and boundaries:the live ('>) provisional assembly areas for the reception of the)tnamesc Pcojjle's Volunteer forcesrnuv.-i Confei-onco doc. IC/47/Rov. 1; ibid., pp. 28-29.

ARMISTICE AGREEMENTS 779-of the five (5) provisional assembly areas'for the reception of the

French forces in Laos-- of the twelve (12) provisional assembly areas, one to each province,

for the reception of the fighting imils of "PaUiet Lao".- The forces of the Laotian National Army shall remain in situ during

(,hc entire duration of the operations of disengagement and transferof foreign forces and fighting nuits of "Pathot Lao".

Article 18

The foreign Forces shall bo transferred outside Laotian territory asMows: ' ' .- .., '... ....M^/i,:': .• ., '.. •(1) French Forces: • , ' i ' i ' . . : . •Tho !l<Vench forces will bo moved out of Laos byroad (along routes

laid down by the Joint Commission in Laos) and also Ivy air andinland waterway;(2) Vietnamese People's Volunteer forces:These forces will bo moved out of Laos by land, along routes and in

iiccordance with a schedule to be determined by tho Joint Commissionin Laos in accordance with principle of simultaneous withdrawal offoreign forces.

Article 14

Pending a political settlement, the fighting units of "Pathet Lao";,.concentrated in the provisional assembly areas, shall movo into theProvinces of Phongsaly and Sam-Ncua except for any military per-sonnel who wish to be demobilised where they are. They will be freel.o move between these two Provinces in a corridor along the frontierImtwccn Laos and Viot-Nam bounded on the south by the line SOPX1N,NA MI, SOP SANG-MUONG SON.

Concentration shall bo completed within ono-himdrcd-and- twenty(120) days from the date of entry into force of the present Agreement.

Article I B : . - . . .

Each party undertakes to refrain from any reprisals or discrimina-tion against persons or organizations for their activities during thehostilities and also undertakes to guarantee their democratic freedoms.

Article 1G

CHAPTER IV

OF WAH AND CIVILIAN

The liberation and repatriation of all prisoners of w.-u- and civilianink-moos detained by each of the t\vo parties at the coming into forcei>t tlio present Agreement shall be carried out under the following'•imditions:

(a) All prisoners of war and civilian internees of Laotian and othernationalities captured sinco the beginning of hostilities in Laos

(b)

AMERICAN I'OUEIGN POL1CV, 1050-1055

during military operations or in any other circumstances ofwar and in any part of tko territory oi' Laos shall ho liberatedw i t h i n , a period of thirty (HO) days after the date when the,ceiise-lire e,oiue<< inlo eU'eet.The term "civilian internees" is understood to mean all persons

ARMISTICE AGHEEMISNTS7S1

who, having in any way contributed to the i>olLticiil and armedstrife between the two parties, have been arrested i'or thatreason or kept in detention by either party during the periodof hostilities.

(c) All foreign prisoners of war captured by either purty shall besurrendered to the appropriate authorities of the other party,who shall give them all possible assistance in proceeding to thedestination of their elioiee. i

CHAPTER V

MlSCKIjLANKOUS '

Article 17The Commanders of tho forces of tho two parties shall ensure that

persons under their respective commands who violate any of theprovisions of the present Agreement are suitably punished.

Article IS.In eases in which the plnc.o of burial is known and the existence

of graves has been established, the Commander of the forms <>f e i therparty K l i n . i l , w i th in a specified period a f t e r tho en t ry into force of thepresent Agreement, permit the graves service of the other party toenter that part of Laotian territory under his military control for thepurpose of finding and removing the bodies of deceased militarypersonnel of that party, including- the bodies of deceased prisonersof war.

The Joint Commission shall li.\- tho procedures by which this taskis curried out and the time limits w i th in which it must be completed.The, Commanders of (he forces of cadi party shall comm-uuicatc to theother all information in his possession as to the place of burial ofmilitary personnel of the other party.

Article 19The present Agreement shall apply to all the armed forces of

either party. The armed forces of each party shall respect the terri-tory under the military control of the other party, and engage in nohostile act against the other purty.

For the, purposes of the present article tho word "territory" in-cludes territorial waters anil air space.

Arlick VOThe Commanders of the forces of the. two parties shall afford

fu l l protection and nil possible assistance and co-operation to the

Joint Commission and its joint organs and to tin; .InternationalCommission and its inspection teams in tho performance of thofunctions and tasks assigned to them by tho present Agreement.Article 2t

The costs involved in the operation of the Joint Commission andits joint groups and of the International Commission and its inspec-tion teams shall bo shared equally between the two parties.

Article 2 2 ' • ' • ' _ ' •• ' } ' .

The signatories of the present Agreement and their successors intheir functions shall be responsible for the observance nnd enforce-ment of the terms.and provisions thereof. The Commanders of theforces of tho two parties shall, within their respective commands,take all steps and make all arrangements necessary lo ensure f u l lcompliance with all the provisions of the present Agreement by allmilitary personnel under their command.

Article 28

Tho procedures laid down in the present Agreement shall, when-over necessary, bo examined by the Commanders of the two partiesand, if necessary, defined more specifically by the Joint Commission.

CHAPTER VI

JOINT COMMISSION AND INTERNATIONAL COMHUSSION TOR SUPER-VISION AND CONTROL IN LAOS

Article 24

Responsibility for the execution of the agreement on the cessationof hostilities shall rest with the parties.Article 85

An International Commission shall bo entrusted with control andsupervision over the application of the provisions of the agreementon the cessation of hostilities in Laos. It shall be composed of repre-sentatives of the following States; Canada, India and Poland.

It shall be presided over by tho Representative of India. Itsheadquarters shall be at Vientiane.

Article 26

_ Tho International Commission shall set up fixed and mobile, inspec-tion teams, composed of an equal number of officers appointed byeach of the above-mentioned Stiites.

The fixed teams shall be located at tho following points; Paks6,Seno, TeWpone, Vientiane, Xicng-lvhonang, Phongsaly, Sophao(province of Sanmoua). These points of location inny, at a later date,

7Sl> . Y M K I i l C A N K O K I ' i l U N I ' O U O Y , M l J j 0 • Ml l>d

In1, i iUcivd by a. j ' .TnuiXMil. butwin-n tho ( l o v o r n m o n l of Lao:-) and the.I n l i T i m . l i o n a l (.Commission.

The. y.onos-uf a c t i o n of I lie mobile, loams shall lie llio regions bor-dering (ho luiul frontiers of Laos. Within the l imi ts of their WHICH ofaction Ihoy shall have tho right to move freely and shall receive from(he local civil and military authorities all facilities they may requirefor the fulfilment of their tasks (provision of personnel, access todocuments needed for supervision, summoning of witnesses neededfor holding enquiries, the security and freedom of movement of thoinspection teams etc. . . . ). They shall have at their disposal suchmodern moans of transport, observation and communication as theymay require.

Outside the zones of action defined abovo, the mobile teams may,with the agreement of the Command of the party concerned, moveabout as required by the tasks assigned to them by the presentagreement.

Article 27 . -The International Commission shall be responsible for supervising

the execution by tho parties of tho provisions of the present agree-ment. For Ibis purpose it ahull fulfi l the functions of control, obser-vation, inspection and investigation connected with the implementa-tion of the provisions of tho agreement on the cessation of hostilities,and shall in particular:

(a) Control the withdrawal of foreign forces in accordance with thoprovisions of tho ufrcement on the cessation of hostilities andsee that frontiers i'.o respected.

(b) Control the release of prisoners of war and civilian internees.(c) Supervise, at ports and airfields and along all tho frontiers of

Laos, the implementation of the provisions regulating the intro-duction into Laos of military personnel and war materials.

(d) Supervise the implementation of tho clauses of tho agreementon the cessation of hostilities relating to rotation of personneland to supplies for French Union security forces maintained inLaos.

Article, 28A Joint Commission shall bo sot up to facilitate the implementation

of the clauses relating to the withdrawal of foreign forces.Tho Joint Commission shall form joint groups, the number of which

shall bo, decided by mutual agreement between the parties.The Joint Commission shall facilitate (be implementation of (ho

clauses of tho agreement on the cessation of hostilities relating to thesimultaneous and general cease-fire in Laos for all regular and irregulararmed forces of tho two parlies.

It shull assist the, parlies in tho implementation of the said clauses;it shall ensure liaison between them for tho purpose of preparing andcurrying out plans for tho implementation of the said clauses; it shallendeavour to settle any disputes between the parties arising out of the

i M M N ' l ' M 7iS<'J

implomonlalioii of iJintio dn.!i,HCH. Tho joint groups u l i n l l follow theforces in t l ioir movements and .shall bo disbanded once tho \ v i l l i d r u w j i lp/ans havo boon carried out.

Article 29

The Joint Commission and tho Joint; Groups shall be composed offin equal number of representatives of tho commands of tho partiesconcerned.

Article S O . . . .

The International Commission shall, through the medium of theinspection teams mentioned above, and as soon us possible either onits own initiative, or at the request of the Joint Commission, or of oneof tho parties, undertake the necessary investigations both docu-mentary and on tho ground.

Article 31

Tho inspection teams shall submit to the International Commissionthe results of their supervision, investigation and observations,furthermore they shall draw up such special reports as they mayconsider necessary or ns may bo requested from them by tho Com-mission. In the case of a disagreement within the teams, the findingsof each member shall bo transmitted to the Commission.Article 82

If an inspection team is unable to settle an incident or considersthat there is a violation or a threat of a serious violation tho Inter-national Commission shall be informed; the latter shall examine thereports and findings of the inspection teams and shall inform thoparties of the measures which should bo taken for tho settlement ofthe incident, ending of tho violation or removal of the threat ofviolation.

Article 33

When the Joint Commission is unable to reach an agreement on theinterpretation of a provision or on the appraisal of a fact, the Inter-national Commission shall be informed of tho disputed question. Itsrecommendations shall bo sent directly to the parlies and shall bonoli/icd to the Joint Commission.Article 34

The recommendations of tho International Commission shall beadopted b3^ majority vote, subject to the provisions contained inarlido 35. If the-votes are equally divided the chairman's vote shallbe decisive. ' '

Tho International Commission may make recommendations con-corning amendments and additions which should bo made to tho

784 AMERICAN FOREIGN POLICY, 1950-1955

provisions of the agreement on the cessation of hostilities in Laos,in order to ensure more effective execution of the said agreement.These recommendations shall be adopted unanimously.

Article 35

On questions concerning violations, or threats of violations, whichmight lead to a resumption of hostilities, and in particular:

(a) Refusal by foreign armed forces to effect the movements pro-vided for in the withdrawal plan;

(b) Violation or threat of violation of the country's integrity byforeign armed forces,

the decisions of the International Commission must be unanimous.

Article SOIf one of tlu> parties refuses to put a recommendation of the Inter-

national Commission into elTeot, the parties concerned or the Com-mission itself shall inform the members of the Geneva Conference.1

If- the International Commission does not reach unanimity in the casesprovided for in article 35, it shall transmit a majority report and 0110or more minority reports to the members of the Confcraico. TheInternational Commission shall inform the members of the Conferenceof f.ll cases in which its work is being hindered.

Article- 37The International Commission shall be set up at the time of the

cessation of hostilities in Indo-China in order that it may be able tofulfil the tasks prescribed in article 27.

Article SSThe International Commission for Supervision and Control in Laos

shall act in closo co-operation with tho 'International Commissions inViol-Nam and Cambodia.

The Secretaries-General of these three Commissions shall 'horesponsible for co-ordinating their work and for relations betweenthem.

'Article S9The International Commission for Supervision and Control in Luos

may, after consultation with tho International Commissions in Cam-bodia and Viet-Nam having regard to the development of the situationin Cambodia and Viet-Nam, progressively reduce its activities. Sucha decision must be reduced unanimously [sic]. These recommenda-tions shall bo adopted unanimously.

1 Sec infra, docs. 9 und 10.

ARMISTICE AGREEMENTS

CHAPTER VII785

Article 40

All the provisions of the present Agreement, save paragraph (a)of Article 2, shall enter into force at 24 hours (Geneva time) on 22July 195-1.

Article 41

Done in Geneva (Switzerland) on 20 July 1954, fit 24 hours, in theFrench language.

9. FINAL DECLARATION OF THE GENEVA CONFERENCE ONTHE PROI1LEM OF RESTORING PEACE IN INDO-CI1INA,JULY 21, 1954'

FINAL DECLARATION, dated the 21st July, 195-1, of the GenevaConference on the problem of restoring pence in Judo-China, in which(he representatives of Cambodia, the Democratic Republic of Vict-Nnm, Fiwice, Laos, the People's Republic of China, the State ofViet-Nam, the Union of Soviet Socialist Republics, the United King-dom, and the United States of America took part.

1. Tho Conference takes no to of tho agreements ending hostilitiesin Cambodia, Laos and Viet-Nam and organizing, .international con-trol and the supervision of (Jio execution of ' the provisions of theseagreements.

2. The Conference expresses satisfaction at the ending of hostilitiesin Cambodia, Laos and Viet-Nam; the Conference expresses its con-viction that the execution of the provisions set out in the presentdeclaration and in tho agreements on the cessation of hostilities willpermit Cambodia, Laos and Viet-Nam henceforth to play their part,in full independence and sovereignty, in tho peaceful community 01nations.

3, The Conference takes note of the declarations made by tho Gov-ernments of Cambodia_2 and of Laos'of their intention to adopt meas-ures permitting all citizens to take their place in tho national commu-nity, in particular by participating in the next general elections, which,in conformity with the constitution of each of these countries, shallluko place in the course of tho year 1055, by secret ballot and in con-ditions of respect for fundamental freedoms.

4. Tho Conference takes note of the clauses in tho agrecuncnt on then/ssa tion of hostilities in Viet-Nam prohibiting the introduction intoViet-Nam of foreign troops and military personnel as well as of allkinds of awns and munitions. The Conference also takes note of tho

... Report on Indochina:Vietnam, Cambodin, Laos,

..... ...iiit, Slid Confr. 2d setis.),'' Doc7fC/44/Hev. 1: ilrid., p. 27.

3 Doc. IC/45/ltev. I; ibid., p. 28.

78G AMERICAN FOREIGN" "POLICY, 1950-1955

declarations made by the Governments of Cambodia1 and Laos2 oftheir resolution not to request foreign aid, whether in war material,in personnel or-.in instructors except, for the purpose of the effectivedefence- of their territory and, in the, case of Laos, to the extent definedby the agreements on the cessation of hostilities in Laos.

5. The Conference takes note of the clauses in the agreement on thecessation of hostilities in Viet-Nam to the effect that no military baseunder the control of a foreign State may be established in the regroup-ing xones of the two parties, the latter having the obligation to seethat the /.ones allotted to them shall not constitute part of any mili-tary alliance and shall not be utilised for the resumption of hostilitiesor in the service of an aggressive policy. The Conference also takesnote of the declarations of the Governments of Cambodia 3 and Laos *to the effect that they will not join in any agreement with otherSlates if this agreement includes the obligation to participate in amilitary alliance not in conformity with the principles of the Charterof the United Nations or, in the. case of Laos, with the principles of theagreement on the cessation of hostilities in Laos or, so long as theirsecurity is not threatened, the obligation to establish bases on Cam-bodian or Laotian territory for the military forces of foreign. Powers.

(i. The Conference recognizes that the essential purpose of theagreement z'elaling to Viet-Nam is to settle military questions with a.view to ending hostilities and that the military demarcation lino is pro-visional and .should not in an}T way be interpreted as constituting ap o l i t i c a l or terri torial boundary. The. Conference expresses its con-v i c l i o n tha t the execution of the. provisions set out in the presentdeclarat ion and in the agreement on the cessation of hostilities createsthe necessary basis for the achievement in the near future of a politicalsettlement in Viet-Nam.

7. The Conference declares that, so far as Viet-Nam is concerned,thu se t t lement of pol i t ical problems, effected on the basis of respect forlive, principles of independence, un i ty and territorial integrity, shallpermit the Viet-Namcse people to enjoy the fundamental freedoms,guaranteed by democratic institutions established as a result of freegeneral elections by secret ballot. In order to ensure that sufficientprogress in the restoration of peace has been made, and that all thenecessary conditions obtain for free expression of the national will,genera.! elections shall be held in July 1950, under the supervision of aninternat ional commission composed of representatives of the MemberStates of the International Supervisory Commission,6 referred to int in ; agreement on the cessation of hostilities. Consultations will behold on this subject between the competent representative authori t iesof the two /.ones from 20 July 1955 onwards.

S. The provisions of the agreements on the cessation of hostilitiesintended to ensure the protection of individuals and of property must

' .Doc. ]O/'tlS/l!ov. 2; iliil., p. 28.• Dot. .K!/-l7/Jtev. 1; iiiil., pp. 23-29.s Due. K.'/'lG/Kov. '2; ibiil., p. 2S.< JJou. IU/-17/Ituv. I; ibid., pp. 28-29.5 Tlio member slutaa arc Canada, India, and Poland.

ARMISTICE AGREEMENTS787

bo most strictly applied and must, in particular, allow everyone inViet-Nam to decide freely in which none he wishes to live.

9. The competent representative authorities of ( l i e Northern andSouthern /ones of Vicf-Nam, us well us ' the authorities of Laos andCambodia, must not permit any individual or collective j-eprisiilsagainst persons who have collaborated in any way wi'th one of theparties ( lur ing (.he war, or against members of such persons' families.

10. The Conference takes note of the declaration of the Governmentof the French 'Republic l to the, effect that it is ready to withdraw itstroops from the territory of Cambodia., .Laos and Viet-Nam, at therequest of the governments concerned and within periods which shallbe fixed by agreement between the parties except in the cases where,by agreement between the two parties, a certain number of Frenchtroops shall remain afc specified points and for a specified time.

11. The Conference takes note of the declaration of the FrenchGovernment 2 to the effect that for the se t t lement of all the problemsconnected with the re-establishment and consolidation of peace inCambodia, Laos and Viot-Nam, the French Government will proceedfrom the principle of respect for the independence and sovereignty,unity and territorial integrity of Cambodia, Laos and Viet-Nam.

12. In their relations with Cambodia, Laos and Viet-Nam, eachmember of the Geneva Conference undertakes to respect the sover-eignty, the independence, the unity and the territorial integrity of thetibovc.mcntioned states, and to refrain fzwn any interference in theirinternal affairs. . • " ' . . . . • • • •

1.3. The members of the Conference agree to consult, one anotheron any question which may be referred to them by the InternationalSupervisory Commission, in order to study such measures as may)rove necessary to ensure that the agreements on the cessation ofHostilities in Cambodia, Laos and Viet-Nam are respected.

10. STATEMENT BY THE UNDER SECRETARY OF STATE 3

AT THE CONCLUDING PLENARY SESSION OF THEGENEVA CONFERENCE, JULY 21, 1954 *

As I stated on July 18, my Government is not prepared to join in adeclaration by the Conference such as is submitted. However, theUnited States makes this unilateral declaration of its position in thesematters:

Declaration

The Government of the United States being resolved to devote itseffor ts to the strengthening of peace in accordance with the principles

J Doc, IC/'lS/llov. l;-ltc-)>ort on Indochina, p. 29.2 Dou. lGV-19/Uov. 1; ibid., p. 29.3 W'.dicr Bedell Smith.1 Dcipivrtment of Stuto Bulletin, Aug. 2, 195-J, pp. 102-103.

783 AMIC1UCAN FOREIGN 1'OLICY, 1050-1053

and purposes of the IJmtcd Nations takes note of the agreements con- :id IK loci at Geneva on -July 20 and 21, 1954 between (a) the Franco-Laotian Command and the Command of the Peoples Ann}' of Viol-Nam; (b)-,tlu>, Koyal Khmer Army Command and the (Jonunaml ofthe Peoples Army of Viet-Nam; (c) l<Yanco-Viotnamcse (.'ommardand tho Command of the Peoples Army of Viet-Nam and of para-graphs 1 to 12 inclusive of tho declaration presented to the GenevaConference on July 21, 1954 declares with regard to the aforesaidagreements and paragraphs that (i) it will refrain from the threat orthe use of force to disturb them, in accordance with Article 2 (-1) of Iho •Charter of the United Nations dealing with tho obligation of membersto refrain in their international relations from, tho threat or use offorce; and (ii) it would view any renewal of the aggression in violation ;of the aforesaid agreements with grave concern and as seriouslythreatening international peace and security.

In connection with the statement in the declaration concerning free:elections in Viet-Nam my Govornnumt wishes to make clear its posi-tion which it lias expressed in a declaration made in Washington onJune 29, 1954,1 as follows:

In the case of nations now divided against their will, we shall continue to seekto achieve unity through free elections supervised by the United Nations to insurethat l l iuy nrn conducted fairly.

With respect to the statement made by the representative of thoState of Viet-Nam,2 the United States reiterates its traditional positionthat peoples aro ent i t led to de te rmine their own future and thnt itw i l l not j o i n in an arrangement which would h inder this. N o t h i n gin its dec lara t ion jus t miulo is i n t ended to or does indicate any de-parture from t h i s t radi t ional position.

Wo slum-, the hope, that the agreements will permit Cambodia, Liuwand Viet-Nam to play their part, in f u l l independence and sovereignty,in the peaceful community of nations, and will enable tho peoples ofthat area to determine their own future.

1 Infra, p. 1707.2 S U i l i M i H H i L inndu July 21, Il)i5'l, at the ('.losing scission of the Geneva Conference;

fur an Eng'lish-htngiinge text, see Documents on American Foreign Relations,(New Yoi-k, 19M), pp. 315-311).