WARNING NORTH VIETNAM ON CONDUCTING WAR TRIALS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP67B00446R000400090010-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 35
• Document Creation Date: December 16, 2016
• Document Release Date: June 20, 2005
• Sequence Number: 10
• Publication Date: July 18, 1966
• Content Type: OPEN

Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
United States
of America
Vol. 112
ressional Record
PROCEEDINGS AND DEBATES OF THE 09th CONGRESS, SECOND SESSION
WASHINGTON, MONDAY, JULY 18, 1966
House of Representatives
The House met at 12 o'clock noon.
The Chaplain, Rev. Edward G. Latch,
D.D., offered the following prayer:
He hath showed thee, 0 man, what is
good; and what doth the Lord require of
thee, but to do justly, and to love mercy,
and to walk humbly with thy God?-
Micah 6: 8.
0 Thou whose will it is that we do just-
ly, love mercy, and walk humbly with
Thee, grant unto us as we wait upon Thee
the confidence to do what we ought to do,
the courage not to do what we ought not
to do and the wisdom to see our way
clearly. Deliver us and our Nation from
discord and disunity. May we find our
concord and our unity in Thee. Give to
each one of us the consciousness of Thy
presence, the continual strength of Thy
spirit and the constant awareness of our
duty to lead our people in the ways of
freedom and justice and peace.
Help us to keep our faith in Thee and
may this faith keep us walking in the way
of Thy commandments all the days of
our lives: through Jesus Christ our Lord.
Amen.
THE JOURNAL
The Journal of the proceedings of
Thursday, July 14, 1966, was read and
approved.,
Georgia, Mr. ELLENDER, Mr. YOUNG Of
North Dakota, and Mr. MUNDT to be the
conferees on the part of the Senate.
COMMITTEE ON POST OFFICE AND
CIVIL SERVICE
Mr. ALBERT. Mr. Speaker, I call up
House Resolution 916 and ask for its
immediate consideration.
The Clerk read the resolution, as
follows:
Resolved, That during the remainder of
the Eighty-ninth Congress, the Committee
on Post Office and Civil Service shall be com-
posed of twenty-six members.
The resolution was agreed to.
A motion to reconsider was laid on the
table.
ELECTION TO THE POST OFFICE
AND CIVIL SERVICE COMMITTEE
Mr. KING of California. Mr. Speaker,
I call up a privileged resolution, House
Resolution 917, and ask for its immedi-
ate consideration.
The Clerk read the resolution, as
follows:
Resolved, That Jerome R. Waldie, of Cali-
fornia, be, and he is hereby, elected a mem-
ber of the standing Committee of the House
of Representatives on Post Office and Civil
Service.
The resolution was agreed to.
A motion to reconsider was laid-on the
table.
No. 114
Mr. ARENDS. Mr. Speaker, I would
prefer that the gentleman contact Mr.
SAYLOR first.
Mr. RIVERS of Alaska. Mr. Speaker,
I withdraw my request at this point.
CORRECTION OF THE RECORD
Mr. HALEY. Mr. Speaker, on page
15041 on July 14, 1966, in the editorial
which I included with my remarks, on
the 24th line, the word "sore" should be
"sort." I ask unanimous consent that
the permanent RECORD and Journal be
corrected ac&ordingly.
The SPEAKER. Is there objection to
the request of the gentleman from Flor-
ida?
There was no objection.
COMMITTEE ON INTERIOR AND
INSULAR AFFAIRS
Mr. RIVERS of Alaska. Mr. Speaker,
I now ask unanimous consent that the
Subcommittee on Public Lands of the
Committee on Interior and Insular Af-
fairs be permitted to sit during general
debate this afternoon.
I have cleared this with the minority.
The SPEAKER. Is there objection to
the request of the gentleman from
Alaska?
There w
MESSAGE FROM THE SENATE
A message from the Senate by Mr. Ar-
rington, one of its clerks, announced that
the Senate had passed, with amendments
in which the concurrence of the House is
requested, a bill of the House of the fol-
lowing title:
H.R. 14596. An act making appropriations
for the Department of Agriculture and re-
lated agencies for the fiscal year ending June
30, 1967, and for other purposes.
The message also announced that the
Senate insists upon its amendments to
the bill (H.R. 14596) entitled "An act
making appropriations for the Depart-
ment of Agriculture and related agencies
for the fiscal year ending June 30, 1967,
and for other purposes," requests a con-
ference with the House on the disagree-
ing votes of the two Houses thereon, and
appoints Mr. HOLLAND, Mr. RUSSELL Of
WARNING NORTH VIETNAM ON
CONDUCTING WAR TRIALS
(Mr. REID of New York asked and was
given permission to address the House
for 1 minute and to revise and extend
his remarks.)
Mr. REID of New York. Mr. Speak-
er, I believe it is vital for all Americans
and the press to speak out in strong op-
position to the projected war crimes
trials in Hanoi which according to press
reports of Czech sources in Hanoi could
be scheduled as early as July 20 or
August 4. It is essential that the posi-
tion of this country be clear and that it
be made explicitly known to North Viet-
nam so that they will not labor under
any illusions as to the seriousness and
the gravity of the reaction in this coun-
15157
SUBCOMMITTEE ON PUBLIC LANDS
OF THE COMMITTEE ON INTE-
RIOR AND INSULAR AFFAIRS
Mr. RIVERS OF Alaska. Mr. Speak-
er, I ask unanimous consent that the
Subcommittee on Public Lands of the
Committee on Interior and Insular Af-
fairs be permitted to sit during general
debate this afternoon.
Mr. ARENDS. Mr. Speaker, reserv-
ing the right to object, did the gentle-
man clear this with the ranking minor-
ity member of this committee?
Mr. RIVERS of Alaska. Mr. Speaker, I
have not contacted the gentleman from
Pennsylvania [Mr. SAYLOR] yet. No, I
have not.
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8 ,
 15158 Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
CONGRESSIONAL RECORD - HOUSE July 18, 1966
try should Hanoi decide to treat cap- more favorable to the workers than those from the United Press news wire which
tured American airmen as war criminals. Proposed by the emergency board were says in part:
I think it is also important that we make offered but rejected.
plain that the United States cannot be Someone must act now to prevent fur- pi edptoithe Court e Department fora amass apt
blackmailed and that any war trials of ther inconvenience and irreparable loss and permission to visit Red China. p port
U,S. Prisoners would make a peace set- to those who rely on the airlines for If the passport is granted, I hope that
tlement far more difficult. While the transportation, yet are not directly in- he takes a slow boat to China--the slow-
government of Hanoi has not yet issued volved in the dispute. The airline em- est boat that runs from here to China.
any official statement on this subject, ployees not involved also are suffering Mr. WAGGONNER. Mr. Speaker will
official publications of Hanoi have indi- from its continuation and their interest the gentleman yield?
cated clearly that the war trials are in must be Protected. Many of my con-
prospect and that the government plans stituents have protested the prolonga- Mr. GROSS. I am glad to yield to the
to Proceed. tion of the strike and urged Government geMr. WA
Ambassador Harriman has told me action. Mr. WwGGmyfrie I om Iowa, like just
that he believes this situation to be very Two courses of action are disagree with friend from just
serious. Any such action b Hanoi to possible, a bit, o we do not often
about
by Congress could enact legislation provid- the slow and slow boat t to China na and say disagree, I hope
hope
hold war crimes trials would be totally ing for compulsory arbitration. Bills the boat on the way over is a fast one
reprehensible and a grave contravention have been introduced in both Houses and express the hope there will be no
of the Geneva Convention. North Viet- to accomplish this. However, the con- boat back or if there is I hope Justice
nam should desist from this planned ac- gressional route would be a long one, Douglas misses it. We can do without
tion and treat Americans as prisoners of involving committee hearings and action him.
war and not as war criminals. in both House and Senate to be followed
The wife of Lt. E. A. Brudno-a U.S. by Presidential approval. Time Is of the Mr. GROSS. I agree with the observation.
Air Force officer shot down October 18, essence and settlement of this strike man and the last part of his observation.
1965, over North Vietnam who is known should not have to wait on congressional
to be a prisoner-resides in Harrison, action.
N.Y. BILL TO AMEND FEDERAL FIRE-
It is imperative that our Government The other course would be for the ARMS ACT
do everything ivesthat oure directly and fn- President to move aggressively in the use
do every h
-to i dissuade Hanoi from these of his well-known persuasive powers and (Mr. EDMONDSON asked and was
droposyd trials-and secure fthe rom the se the prestige of his high office to protect given permission to address the House for
P on of the International Red Cross s admis- the public interest and encourage an im- 1 minute and to revise and extend his
North Vietnam. mediate settlement. remarks.)
I have expressed these views to the Mr. EDMONDSON. Mr. Speaker, I
President in urging him to take prompt am today introducing a bill to amend
AIRLINE STRIKE action and have promised him my the Federal Firearms Act and to prohibit
(Mr. DEVINE asked and was .given support. the use in the commission of certain
permission to address the House for crimes of fieraems transported in inter-
1 minute and to revise and extend his PERSONAL LIFE OF JUSTICE I state think commerce.
remarks.) DOUGLAS many Members of the House
Mr. DEVINE. Mr. Speaker, 1 week Mr. FINDLEY. Mr. Speaker, the mat- wtion which our ill recognize this as u pe, the iece a tleman
ago today I addressed this House con- rimonial news of the past from Texas [Mr. CASEY] has been push-
cerning the International Association of should give us all pause for thought nd ing for some time.
Machinists' strike against the five major about the. unique Position of Federal An additional feature which I would
airlines in this country. The fact is that judges, especially the Justices who sit on add in the bill that I am introducing
I think I was the first Member to speak the Supreme Court.
out on this subject. Two days later, on In my view, the personal life of Justice u ewod also make It a to
ma firearm whichFhasrbeen offensetrans-
Wednesday, I introduced legislation and Douglas points up a weakness in our ju- ported in interstate or foreign commerce
again pointed out what an impact this dicial system. A procedure should be in any assault or attempted assault upon
strike has on the Nation. It seems to me established under which Justices can be a law enforcement officer engaged in the
that the President of the United States removed from the bench without the ne- performance of his duty.
has not hesitated to move toward settling cessity of finding them guilty of "treason, I think we have a very basic and grow-
strikes involving such things as the bribery, or other high crimes and misde- Ing problem in this country regarding
steel industry, the aluminum industry rneanors" against the United States. respect law enforcement and respect
and in other places where they are talk- I plan to devote a special order today for those men who risk their lives in the
ing about wage guidelines. The demands to this subject and shall certainly wel- very hazardous duty of enforcing the
in this particular case go far beyond the come participation therein of any of my law.
guidelines, and it seems to me it is incum- colleagues who would like to enter into I believe it is high time we recognize
bent on every Member of this House to let the discussion.
the President know that he should move the need for some additional Federal
forward because of the impact on the protection for these gentlemen as they
y
economy of this uncalled for strike. WILLIAM 0. DOUGLAS go about their very dangerous duties
(Mr. GROSS asked and was given per- from day to day.
CONTINUATION OF STRIKE mission to address the House for 1 min- I am convinced that making it a Fed-
AGAINST THE FIVE MAJOR AIR- ute and to revise . and extend his re- teal offense to use a firearm in an as-
LINES WILL BE INTOLERABLE rr.ffarks.) Sault or attempted assault upon any law
Mr. GROSS. Mr. Speaker, I want to enforcement officer would help provide
(Mr. JONAS asked and was given commend the gentlemen from Mississippi protection forcers policemen and law en-
permission to address the House for [Mr. ABERNETHY] and the gentleman forcement officers of this country.
1 minute and to revise and extend his from Illinois [Mr. FINDLEY] for their re- There is an old saying that the police-
remarks.) marks concerning the 67-year-old Justice man's lot is not a happy one.
Mr. JONAS. Mr. Speaker, a continua- of the U.S. Supreme Court, who, over the Mr. Speaker, this Congress has an ob-
tion of the strike against the five major weekend, entered into his fourth matri- ligation and a duty to the men engaged
airlines will be intolerable. The public monial venture with a woman 23 years in this very hazardous occupation and I
interest is affected and this interest now old. hope this bill can be approved before
deserves paramount consideration. I have some idea of what the Justices the Congress adjourns.
An emergency board created by the of the Supreme Court do when. they are Mr. CASEY. Mr. Speaker, will the
President made recommendations for in session, but I have often wondered gentleman yield?
settlement, but the recommendations what they do in their spare time.
were rejected by the union. Terms even Mr. Speaker, I have in hand a note Mr' EDMOND. I am glad to
yield to the gentlemanman.
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
 Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
July 18, 1966 CONGRESSIONAL RECORD - SENATE 15311f
Sion should be delayed no longer on the issue
of nuclear sharing within NATO. We must
make up our minds whether to give priority
to binding West Germany more tightly into
the remnants of the NATO organizational
structure, or whether to seek further agree-
ments with the Soviet Union in the field of
nuclear arms control. If a consultative ar-
rangement, along the lines contemplated by
the McNamara committee, is settled upon
with West Germany, then the way may yet be
open to reach agreement with the Soviet
Union on a nonproliferation treaty. I
strongly recommend this course as best
suited to our highest national interests. But
time is fast running out at Geneva.
6. Respecting a comprehensive test ban, I
urge that Immediate attention be given to
the "threshold" approach. It would limit
the ban on underground tests to explosions
above an agreed size which could be detected
by seismic devices without need for on-site
inspections. It is possible this may prove a
feasible area for enlargement of the present
treaty to correspond with the advances that
have been made in detection techniques.
7. Finally, a prime objective both in the
revision of NATO and in our relations with
Europe in general should be to make the
alliance and our policies outward looking=
concerned not only with the negative aspects
-of military defense but also with the positive
-aspects of the quest for peace. Here, it is de
Gaulle who has seized the initiative in Eu-
aope. Yet, it remains the United States, not
France, which possesses the size and power
to engage in meaningful negotiations in the
field of East-West relations. President,John-
son has spoken of the need for "building
bridges" to Eastern Europe and the Soviet
Union. President de Gaulle's initiative
makes it more urgent that we assume our na-
Itural position of leadership in this vital
endeavor.
Mr. CLARK. Mr. President, the arti-
2le appears in the New Leader of June
20, 1966. It is a condensation of a
splendid report on the situation in Eu-
=ope made to the Foreign Relations
Dornmittee by the Senator from Idaho
Mr. CHURCH] after an extensive trip
which he made to Europe a month or
3 weeks ago at the request of the chair-
man of the Foreign Relations Committee,
;he Senator from Arkansas [Mr. FUL-
BRIGHT].
I associate myself entirely with the
-iews of the Senator from Idaho [Mr.
DHURCH], regarding the situation in Eu-
for a Plea for sanity.- I not only stand four-
on the square behind every word of it and the
clear implications of the statement, but
I wish to make further brief remarks
FRANK CHURCH, U.S. Senate; GEORGE MC-
GOVERN, U.S. Senate; GAYLORD NELSON,
U.S. Senate; E. L. BARTLETT, U.S. Sen-
ate; LEE METCALF, U.S. Senate; EUGENE
J. MCCARTHY, U.S. Senate; MAURINE B.
NEUBERGER, U.S. Senate; J. WILLIAM
FULBRIGHT, U.S. Senate; QUENTIN N.
BURDICK, U.S. Senate; FRANK P. Moss,
U.S. Senate; ERNEST GRUENING, U.S.
Senate; STEPHEN M. YOUNG, U.S. Sen-
ate; VANCE HARTKE, U.S. Senate;
WAYNE MORSE, U.S. Senate; WILLIAM
PROXMIRE, U.S. Senate; ABRAHAM RIBI-
COFF, U.S. Senate; JOSEPH S. CLARK,
U.S. Senate; HARRISON A. WILLIAMS,
JR., U.S. Senate.
ion there toward the United States, Mr. MORSE. Mr. President, we issued
Ind, more particularly, with respect to the statement under the heading "A
-alutary change in foreig
Dart of our country.
NORTH VIETNAM
Mr. MORSE. Mr. President, prior to
he adjournment of the Senate last week,
was privileged and pleased to join in
statement by a group of Senators un-
-er the leadership of the Senator from
claho [Mr. CHURCH] expressing our great
?oncern over the rumors and news
stories to the effect that the Government
I North Vietnam might be planning and
untemplating to conduct so-called war
rials of American aviators who have
peen shot down over North Vietnam and
aptured.
I ask unanimous consent that the
statement by Senator CHURCH issued last
week in behalf of some 18 Senators be
inserted at this point in my remarks.
There being no objection, the state-
ment was ordered to be printed in the
RECORD, as follows:
A PLEA FOR SANITY
We, the undersigned, have previously pro-
tested the relentless escalation of the war in
Vietnam. We have deplored those decisions,
taken on both sides, which have steadily ex-
tended the dimensions of the war and inten-
sified its fury.
The struggle in Vietnam now approaches a
peril point of no return. Violence begets
more violence; the fever of reprisal rises,
feeding upon itself; reason is in danger of
falling prisoner to blind passion. Then the
war becomes a raging inferno, burning away
the last barriers of restraint.
We apprehend that the execution of Ameri-
can prisoners, as threatened by the govern-
ment of North Vietnam, would provoke the
gravest reprisals, and further blacken the
hope for peace.
In the past, we have worked for an honor-
able settlement of this tragic war. We have
publicly criticized the mounting involve-
ment of our own country, and have sought
to keep open the path of moderation that
could lead to negotiated peace.
So, before the last remnants of reason are
irrevocably abandoned, we call upon the
Hanoi government to refrain from any act
of vengeance against the American airmen,
They are prisoners of war, fully entitled to
the protection extended to men in uniform
when captured in the performance of their
duty. Their execution would drastically re-
duce the influence of all those in the United
States who have tried to curtail the fighting.
It would incite a public demand for retalia-
tion swift and sure, inflicting new levels of
suffering and sorrow, and fixing more firmly
still the seal of an implacable war.
As every Member of the Senate knows,
concern has continued over the weekend
that there may be underfoot a plan on
the part of Ho Chi Minh and the other
officials of his'government to try these
American aviators under some trumped-
up charge that they are war criminals.
I do not know whether it is possible
for any reason, any sense of reason, any
commonsense, any sense of human
values, to be transmitted to the leaders
of the North Vietnam Government, but
if they carry out any plan to try these
American aviators or other captured
American prisoners of war in North Viet-
nam, there is no doubt in my mind that
they will stand in open violation of the
Geneva Convention for the protection of
prisoners of war.
Mr. President, in my judgment, not
only would a so-called war crimes trial
of these American military prisoners
stand in clear and open violation of the
Geneva Convention relative to the treat-
ment of war prisoners of August 12,
1949-signed by North Vietnam-but it
would be a total and unbridled violation
of human rights recognized by civilized
man as basic in guiding our conduct in
relationship to each other, irrespective
our nationality.
So I ask unanimous consent, Mr. Presi-
dent, that the language of the Geneva
Convention relative to war prisoners be
printed in the RECORD at this point.
There being no objection, the conven-
tion was ordered to be printed in the
RECORD, as follows:
GENEVA CONVENTION RELATIVE TO THE TREAT-
MENT OF PRISONERS OF WAR OF AUGUST 12,
1949
[TIAS 3364]
MULTILATERAL
Protection of war victims
Prisoners of War
[TIAS 3364, Aug. 12, 19491
Convention, with annexes, dated at Geneva
August 12, 1949.
Ratification advised by the Senate of the
United States of America, subject to a
statement, July 6, 1955;
Ratified by the President of the United
States of America, subject to said state-
ment, July 14, 1955;
Ratification of the United States of America
deposited with the Swiss Federal Council
August 2,1955;
Proclaimed by the President of the United
States of America August 30, 1955
Date of entry into force with respect to the
United States of America: February 2, 1956.
BY THE PRESIDENT OF THE UNITED STATES OF
AMERIC4
A proclamation
WHEREAS the Geneva Convention relative
to the Treatment of Prisoners of War was
open -for signature from August 12, 1949
until February 12, 1950, and during that
period was signed on behalf of the United
States of America and sixty other States;
WHEREAS the text of the said Convention,
in the English and French languages, as
certified by the Swiss Federal Council, is
wprd for word as follows:
[TS 846. 47 Stat. 2021.1
The undersigned Plenipotentiaries of the
Governments represented at the Diplomatic
Conference held at Geneva from April 21
to August 12, 1949, for the purpose of re-
vising the Convention concluded at Geneva
on July 27, 1929, relative to the Treatment
of Prisoners of War, have agreed as follows:
PART I-GENERAL PROVISIONS
Article 1
The High Contracting Parties undertake
to respect and to ensure respect for the
present Convention in all circumstances.
Article 2
In addition to the provisions which shall
be implemented in peace time, the present
Convention ,shall apply to all cases of de-
clared war or of any other armed conflict
which may arise between two or more of the
High Contracting Parties, even if the state
of war is not recognized by one of them.
The Convention shall also apply to all
cases of partial or total occupation of the
territory of a High Contracting Party, even
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
 Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8 =
15312 CONGRESSIONAL RECORD SENATE July .18, 1966
if the said occupation meets with no armed tractors, members of labour units or of serv- where express provisions to the contrary are
resistance. Ices responsible for the welfare of the armed contained in the aforesaid or in subsequent
Although one of the Powers in conflict forces, provided that they have received au- agreements, or where more favourable mews-
may not be a party to the present Conven- thorization from the armed forces which um have been taken with regard to them
tion, the Powers who are parties thereto they accompany, who shall provide them for by one or other of the Parties to, the conflict.
shall remain bound by it in their mutual that purpose with an identity card similar to Article 7
relations. They shall furthermore be bound the annexed model. Prisoners of war may in no circumstances
by the Convention in relation to the said (5) Members of crews, including masters, renounce in part or in entirety the rights
Power, if the latter accept and applies the pilots and apprentices, oi' the merchant t Ctheentihn,
provisions' thereof. marine and the crews of civil aircraft of the secured
and by to the them special by the agreements present Conv tin,
Article 3 Parties to the conflict, who do not benefit by to in
more favourable treatment under any other the foregoing Article, if such there be.
In the case of armed conflict not of an provisions of international law. Article 8
international character occurring in the (6) Inhabitants of a non-occupied terra- The present Convention shall be applied
territory of one of the High Contracting tory, who on the approach of the enemy with the cooperation and under the scrutiny
Parties, each Party to the conflict shall be spontaneously take up arms to resist the in- of the Protecting Powers whose duty it is to
bound to apply, as a minimum, the following vading forces, without having had time to safeguard the interests of the Parties to the
provisions: form themselves into regular armed units, conflict. For this purpose, the Protecting
(1) Persons taking no active part in. the provided they carry arms openly and respect Powers may appoint, apart from their diplo-
hostilities, including members of armed the laws and customs of war. matic or consular, staff, delegates from
forces who have laid down their arms an.d B. The following shall likewise be treated amongst their own nationals or the nationals
those placed hors de combat by sickness, as prisoners of war under the present of other neutral Powers. The said delegates
wounds, detention, or any other cause, shall Convention:
in all circumstances be treated humanely, (1) Persons belonging, or having belonged, shall be subject to the approval of the Power
without any adverse distinction founded on to the armed forces of the occupied country, with which out their duties.
the to conflict shall facilitate
race, colour, religion or faith, sex? birth if the occupying Power considers it neces- the The Parties Parties they to are
of the
or r delegates possible the task
or wealth, or any other similar criteria. tart' reason such allegiance to intern represenatives greatest extent
egatees s of the Protecting
To this end the following acts are and them, , even aPowers.
shall remain prohibited at any time and in ven n though It has originally liberated any place whatsoever with respect to the them while hostilities were e going g on outside powThe representatives or delegates of the
ad persons: the territory it occupies, in particular where Protecting Powers shall not in any case ex-
above-mentioned menti violence d pee and person, in particu- such persons have made an unsuccessful at- ceed their mission under the present Con-
(a) to rejoin the armed forces to which vention. They shall, in particular, take
lar murder of all kinds, mutilation, cruel y
se-
treatment and torture; they belong and which are engaged in com- account of the imperative necessities of se-
treatent and hostages; bat, or where they fail to comply with a eurity of the State wherein they carry out
(b) personal dignity, in summons made to them with a view to their duties.
(c) outrages upon
articular, humiliating and degrading treat- internment. Article 9
P (2) The persons belonging to one of the
went; categories enumerated in the present Article, The provisions of the present Convention
(d) the passing of sentences and the car- who have been received by neutral or non- constitute no obstable to the humanitarian
tying out of executions without previous belligerent Powers on their territory and activities which the International Committee
judgment pronounced by a regularly consti- whom these Powers are required to intern of the Red Cross or any other impartial hu-
tiuted court affording all the judicial guaran- under international law, without prejudice to manitarian organization may, subject to the
tees which are recognized as indispensable by any more favourable treatment which these consent of the Parties to the conflict con
Civilized peoples. Powers may choose to give and with the ex- corned, undertake for the protection of pris-
(2) The wounded and sick shall be col- ception of Articles 8, 10, 1.5, 30, fifth para- oners of war and for their relief.
looted and cared for.
An impartial humanitarian body, such as graph, 58-67, 92, 126 and, where diplomatic Article 10
the International Committee of the Red relations exist between the Parties to the The High Contracting may any
n
Cross, may offer its services to the Parties to conflict ct and the neutral or non-belligerent ent time agree t to entrust to o an an organization
conflict. - Power concerned, those Articles concerrping which offers all guarantees of impartiality
the coonflirt. Parties to the. conflict should further the Protecting Power. Where such diplo- and efficacy the duties incumbent on the
,The matic relations exist, the Parties to a conflict Protecting Powers by virtue of the present
endeavour to bring into force, by means of on whom these persons depend shall be al- Convention.
special{agreements, all or part of the other lowed to perform towards them the functions When prisoners of war do not benefit or
provisions of the present Convention. of a Protecting Power as provided in the cease to benefit, no matter for what rea-
The application of the preceding provisions present Convention, without prejudice to the son, by the activities of a Protecting Power
shall not affect the legal status of the Parties functions which these Parties normally ex- or of an organization provided for in the
to the conflict. ercise in conformity with diplomatic and first paragraph above, the Detaining Power
Article 4 consular usage and treaties. shall request a neutral State, or such an or-
A. Prisoners of war, in the sense of the C. This Article shall in no way affect the ganization, to undertake the functions per-
present' Convention, are persons belonging to status of medical personnel and chaplains formed under the present Convention by a
one of the following categories, who have as provided for in Article 33 of the present Protecting Power designated by the Parties
fallen into the power of the enemy: Convention. to a conflict.
(1) Members of 'the armed forces of a Article 5 If protection cannot be arranged accord-
Party to the conflict, as well as members of The present Convention shall apply to the ingly, the Detaining Power shall request or
militias or volunteer Corps forming part of persons referred to in Article 4 from the time shall accept, subject to the provisions of
such armed forces. they fall into the power of the enemy and this Article, the offer of the services of a
(2) Members of other militias of other vol- until their final release and repatriation. humanitarian organization, such as the In-
unteer corps, including those of organized Should any doubt arise as to whether per- ternational Committee of the Red Cross, to
resistance movements, belonging to a Party sons, having committed a belligerent act and assume the humanitarian functions per-
is outside having fallen into the hands' of the enemy, formed by Protecting Powers under the pres-
tothe cnnterritory and eve If this this in territory
oheirown terr, even as or vol- belong to any of the categories enumerated ent Convention.
unteerec provided that such militias or in Article 4, such persons shall enjoy the Any neutral Power or any organization in-
distance movements, fulfil the e following ta corps, including suhlloworganized' con- - protection of the present Convention until vited by the Power concerned or offering ditions: such time as their status has been deter- itself for these purposes, shall be required
act with a sense of responsibility toward
(a) that of being commanded by a person mined by a competent tribunal.
the Party to the conflict on which persons
responsible for his subordinates; Article 6 protected by the present Convention depend,
(b) that of having a fixed distinctive sign in addition to the agreements expressly and shall be required to furnish sufficient
recognizable at a distance; provided for in Articles 10, 23, 28, 33, 60, 65, assurances that it is in a position to under-
(c) that of carrying arms. openly; 66, 67, 72, 73, 75, 109, 110_118, 119, 122 and take the appropriate functions and to dis-
(d) that of conducting their operations in 132, the High Contracting Parties may con- charge them impartially.
accordance with the laws and customs of elude other special agreements for all mat- No derogation from the preceding provi-
war. ? ' ' ters concerning which they may deem it suit- sions shall be made by special agreements
(3) Members of regular armed forces who able to brake separate provision. No special between Powers one of which is restricted,
profess allegiance to a government or an agreement shall adversely affect the situa- even temporarily, in its freedom to negoti-
authority not recognized by the Detaining tiOn of prisoners of war, as defined by the ate with the other Power or its allies by
Power. present Convention, nor restrict the 'rights reason of. military events, more particularly
(4) Persons' who accompany the armed which it confers upon them. . where the whole, or a substantial part, of
forces withpUt actually being members there- Prisoners of war shall continue to have the the territory of the said Power is occupied.
of, such as civilian rho m)?ers of military air- benefit of such" agreements as long. as the Whenever in the present Convention men-
craft crews, war correspondents, supply con- Convention is applicable to them, except tion is made of a Protecting Power, such
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
 Judy 18, 1966 Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
CONGRESSIONAL RECORD - SENATE 15313
mention applies to substitute organizations
in the sense of the present Article.
Article 11
In cases where they deem it advisable in
the interest of protected persons particu-
larly in cases of disagreement between the
Parties to the conflict as to the application
or interpretation of the provisions of the
present Convention, the Protecting Powers
shall lend their good offices with a view to
settling the disagreement.
For this purpose, each of the Protecting
Powers may, either at the invitation of one
Party or on its own initiative,. propose to
the Parties to the conflict a meeting of their
representatives, and in particular of the au-
thorities responsible for prisoners of war,
possibly on neutral territory suitably chosen.
The Parties to the conflict shall be bound
to give effect to tpe proposals made to them
for this purpose. The Protecting Powers
may, if necessary, propose for approval by
the Parties to the conflict a person be-
longing to a neutral Power, or delegated by
the International Committee of the Red
Cross, who shall be invited to take part in
such a meeting.
PART II-GENERAL PROTECTION OF PRISONERS OF
WAR
Article 12
Prisoners of war are in the hands of the
enemy Power, but not of the individuals or
military units who have captured them. Ir-
respective of the individual responsibilities
that may exist, the Detaining Power is re-
sponsible for the treatment given them.
Prisoners of war may only be transferred
by the Detaining Power to a Power which is
a party to the Convention and after the De-
taining Power has satisfied itself of the will-
ingness and ability of such transferee Power
to apply the Convention. When prisoners of
war are transferred under such circum-
stances, responsibility for the application of
the Convention rests on the Power accepting
them while they are in its custody.
Nevertheless, if that Power fails to carry
out the provisions of the Convention in any
important respect, the Power by whom the
prisoners of war were transferred shall, upon
being notified by the Protecting Power, take
effective measures to correct the situation or
shall request the return of the prisoners of
war. Such requests must be complied with.
Article 13
Prisoners of war must at all times be hu-
manely treated. Any unlawful act or omis-
sion by the Detaining Power causing death or
seriously endangering the health'of a pris-
oner of war in its custody is prohibited, and
will be regarded as a serious breach of the
present Convention. In particular, no pris-
oner of war may be subjected to physical
mutilation or to medical or scientific experi-
ments of any kind which are not justified by
the medical, dental or hospital treatment
of the prisoner concerned and carried out in
his interest.
Likewise, prisoners of war must at all times
be protected, particularly against act of vio-
lence or intimidation and against insults and
public curiosity.
Measures of reprisal against prisoners of
-War are prohibited.
Article 14
Prisoners of war are entitled to all cir-
cumstances to respect for their persons and
,their honour.
Women shall be treated with all the regard
clue to their sex and shall in all cases benefit
by treatment as favourable as that granted
to men.
Prisoners of war shall retain the full civil
rapacity which they enjoyed at the time of
heir capture. The Detaining Power may not
-estrict the exercise, either within or with-
Dut its own territory, of the rights such ca-
aacity confers except in so far as the cap-
:ivity requires.
Article 15
The Power detaining prisoners of war shall
be bound to provide free of charge for their
maintenance and for the medical attention
required by their, state of health.
Article 16
Taking into consideration the provisions of
the present Convention relating to rank and
sex, and subject to any privileged treatment
which may be accorded to them by reason of
their state of health, age or professional
qualifications, all prisoners of war shall be
treated alike by the Detaining Power, with-
out any adverse distinction based on race,
nationality, religious belief or political opin-
ions, or any other distinction founded on
similar criteria.
PART III-CAPTIVITY
Section I-Beginning of captivity
Article 17
Every prisoner of war, when questioned on
the subject, is bound to give only his sur-
name, first names and rank, date of birth,
and army, regimental, personal or serial
number, or failing this, equivalent informa-
tion.
If he willfully infringes this rules, he may
render himself liable to a restriction of the
privileges accorded to his rank or status.
Each Party to a conflict is required to fur-
nish the persons under its jurisdiction who
are liable to become prisoners of war, with
an identity card showing the owner's sur-
name, first names, rank, army, regimental,
personal or serial number or equivalent in-
formation, and date of birth. The identity
card may, furthermore, bear the signature or
the fingerprints, or both, of the owner, and
may bear, as well, any other information the
Party to the conflict may wish to add con-
cerning persons belonging to its armed forces.
As far as possible the card shall measure
6.5 X 10 cm, and shall be issued in duplicate.
The identity card shall be shown by the
prisoner of war upon demand, but may in no
case be taken away from him.
No physical or mental torture, nor any
other form of coercion, may be inflicted on
prisoners of war to secure from them in-
formation of any kind whatever. Prisoners of
war who refuse to answer may not be threat-
ened, insulted, or exposed to unpleasant or
disadvantageous treatment of any kind.
Prisoners of war who, owing to their physi-
cal or mental conditions, are unable to state
their identity, shall be handed over to the
medical service. The identity of such pris-
oners shall be established by all possible
means, subject to the provisions of the pre-
ceding paragraph.
The questioning of prisoners of war shall
be carried out in a language which they un-
derstand.
Article 18
All effects and articles of personal use, ex-
cept arms, horses, military equipment and
military documents, shall remain in the pos-
session of prisoners of war, likewise their
metal helmets and gas masks and like arti-
cles issued for personal protection. Effects
and articles used for their clothing or feed-
ing shall likewise remain in their possession,
even if such effects and articles belong to
their regulation military equipment.
At no time should prisoners of war be
without identity documents. The Detaining
Power shall supply such documents to pris-
oners of war who possess none.
Badges of rank and nationality, decora-
tions and articles having above all a personal
or sentimental value may not be tken from
prisoners of war.
Sums of money carried by prisoners of war
may not be taken away from them except by
order of an officer, and after the amount and
particulars of the owner have been recorded
in a special register and an itemized receipt
has been given, legibly inscribed with the
name, rank and unit of the person issuing
the said receipt. Sums in the currency of
the Detaining Power, or which are changed
into such currency at the prisoner's request,
shall be placed to the credit of the prisoner's
account as provided in Article 64.
The Detaining Power may withdraw arti-
cles of value from prisoners of war only for
reasons of security; when such articles are
withdrawn, the procedure laid down for sums
of money impounded shall apply.
Such objects, likewise sums taken away in
any currency other than that of the Detain-
ing Power and the conversion of which has
not been asked for by the owners, shall be
kept in the custody of the Detaining Power
and shall be returned in their initial shape to
prisoners of war at the end of their captivity.
Article 19
Prisoners of war shall be evacuated; as soon
as possible after their capture, to camps situ-
ated in an area far enough from the combat
zone for them to be out of danger.
Only those prisoners of war who, owing
to wounds or sickness, would run greater risks
by being evacuated than by remaining where
they are, may be temporarily kept back in a
danger zone.
Prisoners of war shall not be unnecessarily
exposed to danger while awaiting evacuation
from a fighting zone.
Article 20
The evacuation of prisoners of war shall
always be effected humanely and in condi-
tions similar to those for the forces of the
Detaining Power in their changes of station.
The Detaining Power shall supply prisoners
of war who are being evacuated with suffi-
cient food and potable water, and with the
necessary clothing and medical attention.
The Detaining Power shall take all suitable
precautions to ensure their safety during
evacuation, and shall establish as soon as
possible a list of the prisoners of war who are
evacuated.
If prisoners of war must, during evacua-
tion, pass through transit camps, their stay
in such camps shall be as brief as possible.
Section II-Internment of prisoners of war
Chapter I-General Observations
Article 21
The Detaining Power may subject prisoners
of war to internment. it may impose on
them the obligation of not leaving, beyond
certain limits, the camp where they are in-
terned, or if the said camp is fenced in, of
not going, outside its perimeter. Subject to
the provisions of the present Convention
relative to penal and disciplinary sanctions,
prisoners of war may not be held in close con-
finement except where necessary safeguard
their health and then only during the con-
tinuation of the circumstances which make
such confinement necessary.
Prisoners of war may be partially or wholly
released on parole or promise, in so far as is
allowed by the laws of the Power on which
they depend. Such measures shall be taken
particularly in cases where this may contri-
bute to the improvement of their state of
health. No prisoner of war shall be com-
pelled to accept liberty on parole or promise.
Upon the outbreak of hostilities, each
Party to the conflict shall notify the adverse
Party of the laws and regulations allowing or
forbidding its own nationals to accept liberty
on parole or promise. Prisoners of war who
are paroled or who have given their promise
in conformity with the laws and regulations
so notified, are bound on their personal hon-
our scrupulously to fulfil, both towards the
Power on which they depend and towards the
Power which ha -captured them, the engage-
ments of their paroles or promises. In such
cases, the Power on which they depend Is
bound neither to require nor to accept from
them any service incompatible with the
parole or promise given,
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
 15314
Approved For Release 2005/06/29: CIA-RDP67B00446R000400090010-8 ,
,CONGRESSIONAL RE( 010 _`SENATE July 18, 1966
ly prison- duties shall`l a afforded for the care to be
11
u
h
pp
s
a.
Article 22 The Detaining Power s
Prisoners of war may be interned only in ers of war who work with such additional given to the disabled, in particular- to the
ptemiseslocated on`i"and and affording every rations as are necessary for the labour on blind, and for their rehabilitation, pending
repatriation.
guarantee of hygiene and healthfulness. Ex- which they are employed . Sufficient drinking water shall be supplied ~ Prisoners of war shall have the attention,
'eyrt in ntere ula cases which are justified to prisoners of war. The use oftobacco shall preferably, of medical personnel of the Power
by' the interest of the prisoners themselves, be permitted. on which they depend and, if possible, of
they shall not be r Interned- elin penitentiaries. unhealthy Prisoners of war shall, as far as possible, their nationality.
Prisorr'ers Of the be associated with the preparation of their Prisoners of war may not be prevented
areas, where et fi ved i soon injurious for meals; they may be employed for that pur- from presenting themselves to the medical
them, shall v able ed as soYi as possible pose in the kitchens. Furthermore; they authorities for examination. The detaining
to a more favorable er shall shall be given the means of preparing, them- authorities shall, upon request, issue to every
The Detainingg P~ower shall assemble pris- selves, the additional food in their possession. prisoner who has undergone treatment, an
n irn amps or Camp compounds Adequate premises shall be provided for official certificate indicating the nature of
nerg or of war' he
act
according to their nationality, language and messing. his illness or injury, and the duration and
customs, provided that such prisoners shall Collective disciplinary measures affecting kind of treatment received. A duplicate of
slot be septratr from pris with which war they ?? food are prohibited. this certificate shall be forwarded to the Cen-
were g to the, armed forced Article 27 tral Prisoners of War Agency.
,were serving at the time of their capture, ex- The costs of treatment, including those
cept with their consent. Clothing, underwear and footwear shall be of any apparatus necessary for the mainte-
Articie 23 supplied to prisoners of war in sufficient nance of prisoners of war in good health,
go prisoner of `war may at any time be sent quantities by the Detaining Power, which particularly dentures and other artificial ap-
shall make allowance for the climate of the pliances, of spectacles, shall be borne by the
tb; or to shs ed in fire of areas w tooembabat may zone, noe, nor r re on where the prisoners are detained. Detaining Power.
posed his r used combat of enemy armed forces captured by Article 31
may his presence be usrender certain the Detaining Power should, if suitable for
points or areas Immune from m military ary opera- ain the climate, be made available to clothe pris- Medical inspections of prisoners of war
#ions, oners of war. shall be held at least once a month. They
Prisoners of war shall have shelters against The regular. replacement and :repair of the shall include the checking and. the record-
to the ame a t an d s her hazards war, above articles shall be assumed by the De- ing of the weight of each prisoner of war.
,,population. theoa extent es the local of those civil es- taming Power. In addition, prisoners of war Their her os esal hall be. o In of a ocular, to nutrition
nepr the exception enwho work shall receive appropriate clothing,
aga the protection of their quarters etr wherever the nature of the work demands. and cleanliness of prisoners and to detect
against to nthe aforesaid hazards, they may enter 28 contagious diseases, especially tuberculosis,
such shelters as soon as possible after the malaria and venereal disease. For this pur-
giving of'the Alarm. Any other protective Canteens shall be installed in all camps, pose the most efficient methods available
:measure taken In favour of the population where prisoners of war may procure food- shall be employed, e.g. periodic mass minia-
?, +~, end ordinary articles +,,.?e 'n-11neranhV for the early detection of
concernea, tnrougn 4110
protecting Powers, all useful information re- The profits made by camp canteens shall
prisoners; a
gadding the geographical location of prisoner be used for the benefit of the
of war camps. special fund shall be created for this pur-
whenever military considerations permit, pose. The prisoners' representative shall
prisoner of war camps shall be indicated in have the right to collaborate in the manage-
the day-time by the letters PW or PG, placed ment of the canteen and of this fund.
so as to be clearly visible from the air. The When a camp 7.s closed down, the credit
Powers concerned may, however, agree upon balance of the special fund shall be handed
;any other system of marking.. Only prisoner to an international welfare organization, to
of,war, camps shall be marked as such. be employed for the benefit of prisoners of
Article 24 war of the same nationality as those who
Transit, or screening camps of a permanent- have contributed to the fund. In case of a
kind shall be fitted out under condition general repatriation, such profits shall be
$irnllag to those described in the present kept by the Detaining Power, subject to any
1 d the rlsonere therein shall have agreement to the contrary between the Pow-
an p
t
tuberculosis.
Article 32
Prisoners of war who, though not attached
to the medical service of their armed forces,
are physicians, surgeons, dentists, nurses or
medical orderlies, may be required by the
Detaining Power to exercise their medical
functions in the interests of prisoners of .war
dependent on the same Power. In that case
they shall continue to be prisoners of war,
but shall receive the same treatment as cor-
responding medical personnel retained by the
Detaining Power. They shall be exempted
from any other work under Article 49.
Chapter IV-Medical personnel and chap-
lains retained to assist prisoners of war
Article 33
on,
Ber
era concerned.
the , same treatment as in other camps. Members of the medical; personnel and
Chapter II-Quarters, food and clothing of Chapter III-Hygiene and Medical Attention chaplains while retained by the Detaining
prisoners of war Article 29 Power with a view to assisting prisoners of
Article 25 The Detaining Power shall be bound to war, shall not be considered as prisoners of
Prisoners of war shall be quartered under take all sanitary measures necessary to en- war. They shall, however, receive as a
minimum the benefits and protection of the
oorfditions as` favourable as those for the sure the cleanliness and healthfulness of
camps and to prevent epidemics. present Convention, and shall also be granted
forc lettdrs in of the the same area`. Detaining The Power said who conditions Prisoners of war shall have for their use, all facilities necessary to provide for the
fete day and night, conveniences which conform medical care of, and religious ministration to
to pis $iake allowanc rt the habits and case to the rules of hygiene and are maintained prisoners of war.
be'p of tire'c?risoners and Yrall in no ease any They shall continue to exercise their medi-
The fbregdicialitg their health, in a camps in constant which state of women prisoners cleanliness. of In war anare cal and spiritual functions for the benefit of
The f ng provisions shall apply in accommodated, separate conveniences shall prisoners of war, preferably those belonging of of pa! as re ar the dormitories surface prisoners i- be provided for them. to the armed forces upon which they depend.,
installsla- Also, apart from the baths and showers within the scope of the military laws and
mwaxvm as rega pubic rds SgaaBeth `atot the the gand. mini.
blank general e
tions bedding and blankets. with which the camps shall be furnished, regulations of the Detaining Power and under
The premise provided for the use of pris- prisoners of war shall be provided with suffi- the control of its competent services, in sc-
oners of war Individually or collectively, shall cient water and soap for their personal toilet cordance with their professional etiquette.
'be entirely protected froni dampness and and for washing their personal laundry; the They shall also benefit by the following
adequately heated and lighted, in particular necessary installations, facilities and time facilities in the exercise of their medical or
between dusk and lights out. All precau- shall be granted them for that purpose. spiritual functions:
e They shall be authorized to visit
tigns must be taken against the danger of Article 30 eriodically prisoners of war situated in
fire. Every camp shall ll have an adequate i working detachments or in hospitals outside
inany camps in which women prisoners firmary where prisoners of war may have ve the camp. For this purpose, the Detaining
of war, ad well as men; are accommodated, the attention they require, as well as appro- Power shall place at their disposal the necesthem. separate dormitories shall be provided for priate diet. Isolation wards shall, if neces- sary means of transport.
there. cony; be set aside for cases of contagious or [TIAS 3362. Ante, p. 3132.]
Article 26 mental disease.
The basic daily food rations shall be suf- Prisoners of war suffering from serious (b) The senior medical officer in each
figient in quantity, quality acrd variety to disease, or whose condition necessitates ape- , camp shall be responsible to the camp mill
keep prisoners of war in good health and to dial treatment, a surgical operation or hoc- tary authorities for everything connecter
pxeV.ent loss, of Weight or the development of pital care, must be admitted to any military with the activities of. retained medical per
nutritional deficiencies, Account shall also or civilian medical unit where suchtreatment sonnel, For this purpose, Parties to the con
outbreak of s
be taken of the habitual diet of the prison- cocan be given, even if their repatriation is flict o temr ated in the near future. Special fa- on the subject l eof at theecorrespo ding rank
ors.
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
 Jdy '18, 1966
Approved For Release 2005106/29 : CIA-RDP67B00446R000400090010-8
CONGRESSIONAL RECORD - SENATE
the medical personnel, including that of so-
cieties mentioned in Article 26 of the Geneva
Convention for the Amelioration of the Con-
dition of the Wounded and Sick in Armed
Forces in the Field of August 12, 1949. This
senior medical officer, as well as chaplains,
shall have the right to deal with the com-
petent authorities of the camp on all ques-
tions relating to their duties. Such au-
thorities shall afford them all necessary
facilities for correspondence relating to these
questions.
(c) Although they shall be subject to the
internal discipline of the camp in which they
are retained, such personnel may not be
compelled to carry out any work other than
that concerned with their medical or reli-
gious duties.
During hostilities, the Parties to the con-
flict shall agree concerning the possible relief
of retained personnel and shall settle the
procedure to be followed.
None of the preceding provisions shall
relieve the Detaining Power of its obligations
with regard to prisoners of war from the
medical or spiritual point of view.
Chapter V-Religious Intellectual and
Physical Activities
Article 34
Prisoners of war shall enjoy complete lati-
tude in the exercise of their religious duties,
including attendance at the service of their
faith, on condition that they comply with
the disciplinary routine prescribed by the
military authorities.
Adequate premises shall be provided where
religious services may be held.
Chaplains who fall into the hands of the
enemy Power and who remain or are retained
with a view to assisting prisoners of war,
shall be allowed to minister to them and to
exercise freely their ministry amongst pris-
oners of war of the same religion, in accord-
ance with their religious conscience. They
shall be allocated among the various camps
and labour detachments containing prison-
ers of war belonging to the same forces,
speaking the same language or practising the
same religion. They shall enjoy the neces-
sary facilities, including the means of trans-
port provided for in Article 33, for visiting
the prisoners of war outside their camp.
They shall be free to correspond, subject to
censorship, on matters concerning their reli-
gious duties with the ecclesiastical authori-
ties-in the country of detention and with in-
ternational religious organizations. Letters
and cards which they may send for this pur-
pose shall be in addition to the quota pro-
vided for in Article 71.
Article 36
Prisoners of war who are ministers of reli-
gion, without having officiated as chaplains
to their own forces, shall be at liberty, what-
ever their denomination, to minister freely
to the members of their community. For
this purpose, they shall receive the same
treatment as the chaplains retained by the
Detaining Power. They shall not be obliged
to do any other work.
Article 37
When prisoners of war have not the as-
sistance of a retained chaplain or of a pris-
oner of war minister of their faith, a minis-
ter belonging to the prisoners' or a similar
denomination, or in his absence a qualified
layman, if such a course is feasible from a
confessional point of view, shall be appointed,
at the request of the prisoners concerned, to
fill this office. This appointment, subject to
the approval of the Detaining Power, shall
take place with the agreement of the com-
3nunity of prisoners concerned and, wherever
necessary, with the approval of the local reli-
glous authorities of the same faith. The
person thus appointed shall comply with all
regulations established by the Detaining
Power in the interests of discipline and mili-
tary security.
Article 38
While respecting the individual preferences
of every prisoner, the Detaining Power shall
encourage the practice of intellectual, edu-
cational, and recreational pursuits, sports
and games amongst prisoners, and shall take
the measures necessary to ensure the exer-
cise thereof by providing them with adequate
premises and necessary equipment.
Prisoners shall have opportunities for tak-
ing physical exercise, including sports and
games, and for being out of doors. Sufficient
open spaces shall be provided for this pur-
pose in all camps.
Chapter VI-Discipline
Article 39
Every prisoner of war camp shall be put
under the immediate authority of a respon-
sible commissioned officer belonging to the
regular armed forces of the Detaining Power.
Such officer shall have in his possession a
copy of the present Convention; he shall en-
sure that its provisions are known to the
camp staff and the guard and shall be re-
sponsible, under the direction of his gov-
ernment, for its application.
Prisoners of war, with the exception of
officers, must salute and show to all officers
of the Detaining Power the external marks
of respect provided for by the regulations
applying in their own forces.
Officer prisoners of war are bound to salute
only officers of a higher rank of the Detain-
ing Power; they must, however, salute the
camp commander regardless of his rank.
Article 40
The wearing of badges of rank and nation-
ality, as well as of decorations, shall be per-
mitted.
Article 41
[Post, p. 3432.1
In every camp the text of the present Con-
vention and its Annexes and the contents of
any special agreement provided for in Article
6, shall be posted, in the prisoners' own lan-
guage, in places where all may read them.
Copies shall be supplied, on request, to the
prisoners who cannot have access to the copy
which has been posted.
Regulations, orders, notices and publica-
tions of every kind relating to the conduct
of prisoners of war shall be issued to them
in a language which they understand. Such
regulations, orders and publications shall be
posted in the manner described above and
copies shall be handed to the prisoners' rep-
resentative. Every order and command ad-
dressed to prisoners of war individually must
likewise be given in a language which they
understand.
Article 42
The use of weapons against prisoners of
war, especially against those who are escap-
ing or attempting to escape, shall constitute
an extreme measure, which shall always be
preceded by warnings appropriate to the cir-
cumstances.
Chapter VII-Rank of Prisoners of War
Article 43
Upon the outbreak of hostilies, the Parties
to the conflict shall communicate to one
another the titles and ranks of all the per-
sons mentioned in Article 4 of the present
Convention, in order to ensure equality of
treatment between prisoners of equivalent
rank. Titles and ranks which are subse-
quently created shall form the subject of
similar communications.
The Detaining Power shall recognize pro-
motions in rank which, have been accorded
to prisoners of war and which have been
duly notified by the Power on which these
prisioners depend.
15315
Article 44
Officers and prisoners of equivalent status
shall be treated with the regard due to their
rank and age.
In order to ensure service in officers' camps,
other ranks of the same armed forces who, as
for as possible, speak the same language.
shall be assigned in sufficient numbers, ac-
count being taken of the rank of officers
and prisoners of equivalent status. Such
orderlies shall not be required to perform any
other work.
Supervision of the mess by the officers
themselves shall be facilitated In every way.
Article 45
Prisoners of war other than officers and
prisoners of equivalent status shall be
treated with the regard due to their rank and
age.
Supervision of the mess by the prisoners
themselves shall be facilitated in every way.
Chapter- VIII-Transfer' of Prisoners of War
After Their Arrival in Camp
Article 46
The Detaining Power, when deciding upon
the transfer of prisoners of war, shall take
into account the interests of the prisoners
themselves, more especially so as not to in-
crease the difficulty of their repatriation.
The transfer of prisoners of war shall
always be effected humanely and in condi-
tions not less favourable than those under
which the forces of the Detaining Power are
transferred. Account shall always be taken
of the climatic conditions to which the
prisoners of war are accustomed and the
conditions of transfer shall in no case be
prejudicial to their health.
The Detaining Power shall supply prisoners
of war during transfer with sufficient food
and drinking water to keep them in good
health, likewise with the necessary clothing,
shelter and medical attention. The Detain-
ing Power shall take adequate precautions
especially in case of transport by sea or by
air, to ensure their safety during transfer,
and shall draw up a complete list of all
transferred prisoners before their departure.
Article 47
Sick or wounded prisoners of war shall not
be transferred as long as their recovery may
be endangered by the journey, unless their
safety imperatively demands it.
If the combat zone draws closer to a camp,
the prisoners of war in the said camp shall
not be transferred unless their transfer can
be carried out in adequate conditions of
safety, or unless they are exposed to greater
risks by remaining on the spot than by being
transferred..
Article 48
In the event of transfer, prisoners of war
shall be officially advised of their departure
and of their new postal address. Such noti-
fications shall be given in time for them to
pack their luggage and inform their next of
kin. -
They shall be allowed to take with them
their personal effects, and the correspondence
and parcels which have arrived for them.
The weight of such baggage may be limited,
if the conditions of transfer so require, to
what each prisoner can reasonably carry,
which shall in no case be more than twenty-
five kilograms per head.
Mail and parcels addressed to their former
camp shall be forwarded to them without
delay. The camp commander shall take, in
agreement with the prisoners' representative,
any measures needed to ensure the transport
of the prisoners' community property and of
the luggage they are unable to take with
them in consequence of restrictions imposed
by virtue of the second paragraph of this
Article.
The costs of transfers shall be borne by the
Detaining Power.
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
 Approved For ReleasreNrRrQ5IONAL REOCOR~D004 RWO090010-8 July 18, 1966
15316
Section Ili-Labour of prisoners of war
Article 49
The Detaining Power may utilize the la-
bour of prisoners of war who are physically
fit, taking into account their age, sex, rank
and physical aptitude, and with a view par-
ticularly to maintaining them in a good state
of physical and mental health.
Non-commissioned officers who are prison-
ers of war shall only be required to do super-
visory work. Those not so required may ask
for other suitable work which shall, so far as
possible, be found for them.
If officers or persons of equivalent status
ask for suitable work, it shall be found for
them, so far as possible, but they may in no
circumstances be compelled to work.
Article 50
Besides work connected with camp admin-
istration, installation or maintenance, pris-
oners of war may be compelled to do only
.such work as is included in the following
glasses:
(a) agriculture;
(b) industries connected with the produc-
tion or the extraction of raw materials, and
manufacturing industries, with the exception
of metallurgical, machinery and chemical in-
dustries; public works and building opera-
tions which have no military character or
purpose;
(c) transport and handling of stores which
are not military in character or purpose;
(d) commercial business, and arts and
crafts;
(e) domestic service;
-(f) public utility services having no mili-
tary character or purpose.
Should the above provisions be infringed,
prisoners'of war shall be allowed to exercise
their right of complaint, in conformity with
Article 78.
Article 51
Prisoners of war must be granted suitable
Working conditions, especially as regards ac-
coinmodatiori, food, clothing and equipment;
such conditions shall not be inferior to those
enjoyed by nationals of the Detaining Power
employed in similar work; account shall also
be taken of climatic conditions.
The Detaining Power, in utilizing the
labour of, prisoners of war, shall ensure that
in areas in which such prisoners are em-
ployed, the national legislation concerning
the protection of labour and, more partic-
ularly, the regulations for the safety of work-
ers, are duly appli'ed'.
Prisoners of war shall receive training and
be provided with the means of protection
suitable to the work they will have to do and
similar to those accorded to the nationals of
the Detaining Power. Subject to the provi-
sions of Article 52, prisoners may be submit-
ted to the normal risks run by these civilian
workers
as that to which workers of the Detaining amount in excess, which was properly in their
Power are entitled, if the latter is of longer possession and which has been taken or
duration. They shall be allowed in addition withheld from them, shall be placed to their
a rest of twenty-four consecutive hours every account, together with any monies deposited
week, preferably on Sunday or the day of rest btyhteem, and shall of be co erte into any
in their country of origin. Furthermore, Y
every prisoner who has worked for one year If prisoners of war are permitted to pur-
shall be granted a rest of eight consecutive chase services or commodities outside the
days, during which his working pay shall be camp against payment in cash, such pay-
paid him. ments shall be made by the prisoner him-
If methods of labour such as piece work self or by the camp administration who will
are employed, the length of the working charge them to the accounts of-the prisoners
period shall not be rendered excessive concerned. The Detaining Power will estab-
thereby. lish the necessary rules in this respect.
Article 54 Article 59
The working pay -due to prisoners of war
shall be fixed in accordance with the pro-
visions of Article 62 of the present Conven-
tion.
prisoners of war who sustain accidents in
connection with work, or who contract a
disease in the course, or in consequence of
their work, shall receive all the care.. their
condition may require. The Detaining
Power shall furthermore deliver to such pris-
oners of war a medical certificate enabling
them to submit their claims to the Power on
which they depend, and shall send a dupli
Cash which was taken from prisoners of
war, in accordance with Article 18, at the
time of their capture, and which is in the
currency of the Detaining Power, shall be
placed to their separate accounts, in accord-
ance with the provisions of Article 64 of the
present Section. -
The amounts, in the currency of the De-
taining Power, due to the conversion of sums
in other currencies that are taken from the
prisoners of war at the same time, shall also
be credited to their separate accounts.
Article 60
The Detaining Power shall grant all
prisoners of war a monthly advance of pay,
Article 55
the amount of which shall be fixed by con-
The fitness of prisoners of war for work version, into the currency of the said Power,
shall be periodically verified by medical ex- of the following amounts:
aminations at least once a month. The ex- Category I: Prisoners ranking below ser-
aminations shall have particular regard to geants: eight Swiss francs.
the nature of the work which prisoners of war Category II: Sergeants and other non-com-
are required to do. missioned officers, or prisoners of equivalent
If any prisoner of war considers himself rank: twelve Swiss francs.
incapable of working, he shall be permitted Category III: Warrant officers and commis-
to appear before the medical authorities of sioned officers below the rank of major or
his camp. Physicians or surgeons may rec- prisoners of equivalent rank: fifty Swiss
ommend that the prisoners who are, in their francs.
opinion, unfit for work, be exempted there- Category IV: Majors, lieutenant-colonels,
from. colonels or prisoners of equivalent rank:
The organization and administration of
labour detachments shall be similar to those
risoner of war camps.
f
p
o
Every labour detachment shall remain
under the control of and administratively
part of a prisoner of war camp. The military
authorities and the commander of the said
camp shall be responsible, under the direc-
tion of their government, for the observance
of the provisions of the present Convention
in labour detachments.
The camp commander shall keep an up-to-
date record of the labour detachments de-
pendent on his camp, and shall communicate
it to the delegates of the Protecting Power,
of the International Committee of the Red
Cross, or of other agencies giving relief to
prisoners of war, who may visit the camp.
Article 57
Conditions of labour shall in no case be
rendered more arduous by disciplinary meas-
ures,
Article 52
Unless he be a volunteer, no prisoner of
war may be employed on labour which is of
an unhealthy or dangerous nature.
No prisoner of war shall be assigned to
labour which would be looked upon as humi-
liating for a member of the Detaining Power's
own forces.
The removal of mines or similar devices
shall be considered as dangerous labour.
Article 53
The duration of the daily labour of pris-
oners of war, including the time of the jour-
ney to and fro, shall not be excessive, and
must in no case exceed that permitted for
civilian workers in the district, who are na-
tionals of theDetaining Power and employed
on the same work.
Prisoners of war must be allowed, in the
middle of the day's w$rk, a rest of not less
than one hour, This rest will be the same
The treatment of prisoners of war who
work for private persons, even if the latter
are responsible for guarding and protecting
them, shall not be inferior to that which is
provided for by the present Convention. The
Detaining Power, the military authorities
and the commander of the camp to which
such prisoners belong shall be entirely re-
sponsible for the maintenance, care, treat-
ment, and payment of the working pay of
such prisoners of war.
Such prisoners of war shall have the right
to remain in communication with the pris-
oners' representatives in the camps on which
they depend.
Section IV-Financial resources of prisoners
of war
Article 58
Upon the outbreak of hostilities, and
pending an arrangement on this matter with
the Protecting Power, the Detaining Power
may determine the maximum amount of
money in cash or in any similar form, that
prisoners may have in their possession. Any
Category V : General officers or prisoners
of war of equivalent rank: seventy-five Swiss
francs.
However, the Parties to the conflict con-
cerned may by special agreement. modify the
amount of advances of pay due to prisoners
of the preceding categories.
Furthermore, if the amounts indicated in
the first paragraph above would be unduly
high compared with the pay of the Detain-
ing Power's armed forces or would, for any
reason, seriously embarrass the Detaining
Power, then, pending the conclusion of a
special agreement with the Power on which
the prisoners depend to vary the amounts
indicated above, the Detaining Power:
(a) shall continue to credit the accounts
of the prisoners with the amounts indicated
in the first paragraph above;
(b) may temporarily limit the amount
made available from these advances of pay
to prisoners of war for their own use, to
sums which are reasonable, but which, for
Category I, shall never be inferior to the
amount that the Detaining Power gives to
the members of its own armed forces.
The reasons for any limitations will be
given without delay to the Protecting Power.
Article 61
The Detaining Power shall accept for dis-
tribution as supplementary pay to prisoners
of war sums which the Power on which
the prisoners depend may forward to them,
on condition that the sums to be paid shall
be the same for each prisoner of the same
category, shall be payable to all prisoners of
that category depending on that Power, and
shall be placed in their separate accounts, at
the earliest opportunity, in accordance with
the provisions of Article 64. Such supple-
mentary pay shall not relieve the Detain-
ing Power of any obligation under this Con-
vention.
Approved for Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
 July 18, 1966 Approvem eElg I A HP : Cl -RD SENATE 4468000400090010-8
15317
Article 62 and obtaining copies of their accounts, which depends through the Central Prisoners of
Prisoners of war shall be paid a fair work- may likewise be inspected by the representa- War Agency provided for in Article 123.
ing rate of pay by the detaining authorities tives of the Protecting Powers at the time of
of war
direct. The rate shall be fixed by the said visits the camp. Section V-Relations of prisoners / authorities, but shall at no time be less tha When prisoners of war are transferred from with the exterior
one-fourth of one Swiss franc for a full one camp to another, their personal accounts Article 69
working day. The Detaining Power shall In- will follow them. In case of transfer from Immediately upon prisoners of war falling
form prisoners of war, as well as the Power one Detaining Power to another, the monies into its power, the Detaining Power shall in-
on which they depend, through the inter- which are their property and are not in the form them and the Powers on which they
mediary of the Protecting Power, of the rate currency of the Detaining Power will follow depend, through the Protecting Power, of
of daily working 1 ay that it has fixed. them. They shall be given certificates for the measures taken to carry out the provi-
Working pay shall likewise be paid by the any other monies standing to the credit of sions of the present Section. They shall
detaining authorities to prisoners of war their accounts, likewise inform the parties concerned of any
permanently detailed to duties or to a skilled The Parties to the conflict concerned may subsequent modifications of such measures.
or semi-skilled occupation iri connection agree to notify to each other at specific In- Article 70
with the administration, installation or tervals through the Protecting Power, the
maintenance of camps, and to the prisoners amount of the accounts of the prisoners of than one week upon capture, or not more
who are required to carry out spiritual or war. after arrival w a camp, even
medical duties on behalf of their comrades. Article 66 sickness it is a transit transfer camp, ll or too another
The working pay of the prisoners' repres- On the termination of captivity, through cam every prisoner to hospital p shall ton
entative, of his advisers, if any, and of his the release of a prisoner of war or his re- to write direct to his family, on the and,
assistants, shall be paid out of the fund patriation, the Detaining Power shall give and to the Central Prisoners of War Agency
maintained by canteen profits. The scale of him a statement, signed by an authorized provided for in Article 123, on the other
this working pay shall be fixed by the pri- officer of that Power, showing the credit bal- hand, a card similar, if possible, to the model
soners' representative and approved by the ance then due to him. The Detaining Power annexed to the present Convention, inform-
camp commander. It there is no such fund, shall also send through the Protecting Power ing his relatives of his capture, address and
the detaining authorities shall pay these to the government upon which the prisoner state of health. The said cards shall be for-
prisoners a fair working rate of pay. of war depends, lists giving all appropriate warded as rapidly as possible and may not
Article 63 particulars of all prisoners of war whose be delayed in any manner.
Prisoners of war shall be captivity has been terminated by repatria-
permitted to re- tion, release, escape, death or any other Article 71
ceive remittances of money addressed to means, and showing the amount of their Prisoners of war shall be allowed to send
them individually or collectively. credit balances. Such lists shall be certified and receive letters and cards. If the Detain-
Every prisoner of war shall have at his on each sheet by an authorized representa- ing Power deems it necessary to limit the
disposal the credit balance of his account tive of the Detaining Power. number of letters and cards sent by each
as provided for in the following Article, Any of the above provisions of this Article prisoner of war, the said number shall not
within the limits fixed by the Detaining may be varied by mutual agreement between be less than two letters and four cards
Power, which shall make such payments as any two Parties to the conflict. monthly, exclusive of the capture cards pro-
are requested. Subject to financial or The Power on which the prisoner of war sided for 14 Article 70, and conforming as
monetary restrictions which the Detaining depends shall be responsible for settling with closely as possible to the models annexed to
Power regards as essential, prisoners of war him any credit balance due to him from the the present Convention. Further limita-
may also have payments made abroad. In Detaining Power on the termination of his tions may be imposed only if the Protecting
this case payments addressed by prisoners captivity. Power is satisfied that it would be in the
of war to dependents shall be given priority. Article 67 interests of the prisoners of war concerned
In any event, and subject to the consent to do so owing to difficulties of translation
of the Power on which they depend, prisoners Advances of pay, issued to prisoners of war caused by the Detaining Power's inability to
may have payments made in their own coun- in conformity with Article 60, shall be con- find sufficient qualified linguists to carry out
try, as follows: the Detaining Power shall sidered as made on behalf of the Power on the necessary censorship. If limitations
send to the aforesaid Power through the which they depend. Such advances of pay, must be placed on the correspondence ad-
Protecting Power, a notification giving all as well as all payments made by the said dressed to prisoners of war, they may be
the necesasry particulars concerning the Power under Article 63, third paragraph, and ordered only by the Power on which the
prisoners of war, the beneficiaries of the pay- Article 68, shall form the subject of arrange- prisoners depend, possibly at the request of
menu, and the amount of the sums to be meets between the Powers concerned, at the the Detaining Power. Such letters and cards
paid, expressed in the Detaining Power's close of hostilities. must be conveyed by the most rapid method
currency. The said notification shall be Article 68 at the disposal of the Detaining Power; they
signed by the prisoners and countersigned Any claim by a prisoner of war for com- may not be delayed or retained for discipli-
by the camp commander. The Detaining pensation in respect of any injury or other nary reasons.
Power shall debit' the prisoners' account by disability arising out of work shall be re- Prisoners of war who have been without
a corresponding amount; the sums thus deb- ferred to the Power on which lie depends, news for a long period, or who are unable to
ited shall be placed by it to the credit of through the Protecting Power. In accord- receive news from their next of kin or to give
the Power on which the prisoners depend. ance with Article 54, the Detaining Power them news by the ordinary postal route, as
To apply the foregoing provisions, the De- will, in all cases, provide the prisoner of war well as those who are at a great distance
taining Power may usefully consult the concerned with a statement showing the na- from their homes, shall be permitted to send
Model Regulations In Annex V of the present ture of the injury or disability, the circum- telegrams, the fees being charged against
Convention. stances in which it arose and particulars of the prisoners of war's accounts with the De-
Article 64 medical or hospital treatment given for it. taining Power or paid in the currency at
The Detaining Power shall hold an account This statement will be signed by a responsi- their disposal. They shall likewise benefit
for each prisoner of war, showing at least ble officer of the Detaining Power and the by this measure in cases of urgency.
for each medical particulars certified by a medical As a general rule, the correspondence of
g:, officer. prisoners of war shall be written in their
(1) The amounts due to the prisoner or Any claim by a prisoner of war for com en- native language. The Parties to the conflict
received by him as advances of pay, as work- sation in respect ing pay or derived from any other source; Pact of personal effects, monies may allow correspondence in other languages.
the sums in the currency of the Detaining or valuables impounded by the Detaining Sacks containing prisoner of war mail must
Power which were taken from him; the sums Power under Article 18 and not forthcoming be securely sealed and labelled so as clearly
taken from him and ten from his request on his repatriation, or in respect of loss al- to Indicate their contents, and must be ted at into the currency him and the said Power. leged to be due to the fault of the Detaining addressed to, offices of destination.
(2) The payments made to the prisoner Power or any of its servants, shall likewise Article 72
In cash, or in any other similar form; the be referred to the Power on which he de-
payments made on his behalf and at his re- fends. Nevertheless, any such personal ef- Prisoners of war shall be allowed to receive
quest; the sums transferred under Article fects required for use by the prisoners of ce post or by any other means individual par-
63, third paragraph. war whilst in captivity shall be replaced at eels or collective shipments containing, in
the expense of the Detaining Power. The particular, foodstuffs, clothing, medical sup-
Article 65 - Detaining Power will, in all cases, provide plies and articles of a religious, educational or
Every Item entered in the account of a the prisoner of war with a statement, signed recreational character which may meet their
prisoner of war, shall be countersigned or by a responsible officer, showing all available needs, Including books, devotional articles,
initialled by him, or by the prisoners' rep- information regarding the reasons why such scientific equipment, examination papers,
resentative acting on his behalf. effects, monies or valuables have not been musical instruments, sports outfits and ma-
Prisoners of war shall at all times be restored to him. A copy of this statement terials allowing prisoners of war to pursue
afforded reasonable facilities for consulting will be forwarded to the Power on which he their studies or their cultural activities.
No. 114-21
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
 Approved For Release 2005/06/29 CIA-RDP67B00446R000400090010-8
15318 CONGRESSIONAL RECORD - SENATE July 18, 1966
Such shipments shall in no way free the port and to allow its circulation, especially Chapter it-Prisoner of War Representatives
Detaining power from the obligations im- by granting the necessary safe-conducts. Article 79
posed upon it by virtue of the present Con- Such transport may also be used to con- In all places where there are prisoners
. Vey: of war, except in those where there are of-
ventionThe only limits which may be placed on (a) correspondence, lists and reports ex- ficers, the prisoners shall freely elect by
these shipments shall be those proposed by changed between the Central information secret ballot, every six months, and also in
the Protecting Power in the interest of the Agency referred to in Article :123 and the case of vacancies, prisoners' representatives
.. the International National Bureaux referred to in Article 122; entrusted with representing them before the
organization giving assistance to the prison-
ers, in respect of their own shipments only,
on account of exceptional strain on transport
or communications.
The conditions for the sending of individ-
ual parcels and collective relief shall, if neces-
sary, be the subject of special agreements
between the Powers concerned, which may
in no case delay the receipt by the prisoners
of relief supplies. Books may not be in-
cluded in parcels of clothing and foodstuffs.
Medical supplies shall, as a rule, be sent in
collective parcels.
Article 73
In the absence of special agreements be-
tween the Powers concerned on the condi.-
tions for the receipt and distribution of
collective relief shipments, the rules and
regulations concerning collective shipments,
which are annexed to the present Conven-
tion, shall be applied.
The special agreements referred to above
shall in no case restrict the right of prisoners'
representatives to take possession of collec-
tive relief shipments intended for prisoners
of war, to proceed to their distribution or to
dispose of them in the interest of the
prisoners.
Nor shall such agreements restrict the
right of representatives of the Protecting
Power, the International Committee of the
Red Cross or any other organization giving
assistance to prisoners of war and responsible
for the forwarding of collective shipments, to
supervise their distribution to the recipients.
Article 74
iii ..~~Y ... .-- -,--- -- ..... ,J, -_ I -
to prisoners of war which the Protecting ere the international Committee of the Red
Powers, the International Committee of the cross and any other organization which may
Red Cross or any other body assisting the assist them. These prisoners' re:presenta-
prisoners, exchange either with their own tives shall be eligible for re-election.
delegates or with the Parties to the conflict. In camps for officers and persons of
These provisions in no way detract from equivalent status or in mixed camps, the
the right of any Party to the conflict to ax- senior officer among the prisoners of war
range other means of transport, if it should shall be recognized as the camp prisoners'
so prefer, nor preclude the granting of safe- representative. In camps for officers, he
conducts, under mutually agreed conditions, shall be assisted by one or more advisers
to such means of transport. chosen by the officers; in mixed camps, his
In the absence of special agreements, the assistants shall be chosen from among the
costs occasioned by the use of such means prisoners of war who are not officers and
of transport shall be borne proportionally by shall be elected by them.
the Parties to the conflict whose nationals Officer prisoners of war of the same nation-
are benefited thereby. ality shall be stationed in labour camps for
Article 76 prisoners of war, for the purpose of carrying
The censoring of correspondence addressed out the camp administration duties for which
to prisoners of war or despatched by them the prisoners of war are responsible. These
shall be done as quickly as possible. Mail officers may be elected as prisoners' repre-
shall be censored only by the despatching sentatives under the first paragraph of this
State and the receiving State, and once only Article. In such a case the assistants to the
by each. prisoners' representatives shall be chosen
The examination of consignments in- from among those prisoners of war who are
tended for prisoners of war shall not be not officers.
carried out under conditions that will expose Every representative sentat ivegePowed befmust be ore he ap-
the goods contained in them to deteriora- proved by
tion; except in the case of written or printed the right to commence his duties. Where the
matter, it shall be done in the presence of Detaining Power refuses to approve a prisoner
the addressee, or a fellow-prisoner duly dele- of war elected by his fellow prisoners of war,
gated by him. The delivery to prisoners of it must inform the Protecting Power of the
individual or collective consignments shall reason for such refusal.
same prisoners'
nationality, representative
not be delayed under the pretext of difficul- mIInnt all have cases the
ative
ties of censorship.
risoners of war whom
the
u
p
stoms as
Any prohibition of correspondence ordered and c
by Parties to the conflict, either for military he represents. Thus, prisoners of war dis-
or political reasons, shall be only temporary tributed in different sections of a camp,
heir
and its duration shall be as short as possible. aaccording shall theihave r tiir naeach lit section their
Article 77 own prisoners' representative, in accordance
The Detaining Powers shall provide all fa- with the foregoing paragraphs.
cilities for the transmission? through the Article 80
Protecting Power or the Central Prisoners of
War Agency provided for in Article 123, of in- Prisoners' representatives shall :Further the
struments, papers or documents intended for physical, spiritual and intellectual well-being
prisoners of war or despatched by them, es- of prisoners of war.
pecially powers of attorney and wills. In particular, where the prisoners decide
In all cases they shall facilitate the prepa- to organize amongst themselves a system of
ration and execution of such documents on mutual assistance, this organization will be
behalf of prisoners of war; in particular, wtihin the province of the prisoners' repre-
they shall allow them to consult a lawyer sentative, in addition to the special duties
and shall take what measures are necessary entrusted to him by other provisions of the
for the authentication of their signatures. present Convention.
Section VI-Relations between prisoners of Prisoners' representatives shall not be held
war and the authorities responsible, simply by reason of their duties,
for any offences committed by prisoners of
Chapter I-Complaints of Prisoners of War war.
Respecting the Conditions of Captivity Article 81
All relief shipments for prisoners of war
shall be exempt from import, customs and
other dues.
Correspondence, relief shipments and, au-
thorized remittances of money addressed to
prisoners of war or despatched by them
through the post office, either direct or
through the Information Bureaux provided
for in Article 122 and the Central Prisoners
of War Agency provided for in Article 123,
shall be exempt from any postal dues, both
in the countries of origin and destination,
and in intermediate countries.
If relief shipments intended for prisoners
of war cannot be sent through the post office
by reason of weight or for any other cause,
the cost of transportation shall be borne by
the Detaining Power in all the 'territories
under its control. The other Powets party
to the Convention shall bear the cost of
`transport in their respective territories.
,In the absence of special agreements be-
tween the Parties concerned, the costs con-,
nected with transport of such shipments,
other than costs covered by the above exemp-
tion, shall be charged to the senders.
The High Contracting Parties shall en-
deavour to reduce, so far as possible, the rates
charged for telegrams sent by prisoners of
war, or addressed to them.
Article 75
Should military operations prevent the
Powers concerned from fulfilling their obli-
gation to assure the transport of the ship-
ments referred to in Articles 70, 71, 72 and
77, the Protecting Powers concerned, the
International Committee of the Red Cross or
any other organization duly approved by the
Parties to the conflict may undertake to
ensure the conveyance of such shipments by
suitable means (railway wagons, motor ve-
hicles, vessels or aircraft, etc.). For this
purpose, the High Contracting Parties shall
endeavour to supply them with such trans-
Article 78 Prisoners' representatives shall. not be re-
Prisoners of war shall have the right to quired to perform any other work, if the
make known to the military authorities in accomplishment of their duties is thereby
whose power they are, their requests regard- made more difficult.
ing the conditions of captivity to which they prisoners' representatives may appoint
are subjected. from amongst the prisoners such assistants
They shall also have the unrestricted right as they may require. All material facilities
to apply to the representatives of the Pro- shall be granted them, particularly a certain
testing Powers either through their prison- freedom of movement necessary for the ac-
ers' representative or, if they consider it complishment of their duties (inspection of
necessary, direct, in order to draw their at- labour detachments, receipt of supplies, etc.).
tention to any points on which they may Prisoners' representatives shall be per-
have complaints to make regarding their mitted to visit premises where prisoners of
conditions of captivity. war are detained, and every prisoner of war
These requests and complaints shall not be shall have the right to consult freely his
limited nor considered to be a part of the prisoners' representative.
correspondence quota referred to in Article All facilities shall likewise be accorded to
71. They must be transmitted immediately. the prisoner's representatives for communi-
Even if they are recognized to be unfounded, cation by post and telegraph with the de-
they may not give rise to any punishment. taining authorities, the Protecting Powers,
Prisoners' representatives may send peri- the International Committee of the Red
odic reports on the situation in the camps Cross and their delegates, the Mixed Medical
and the needs of the prisoners of war to the Commissions sandonthe e bodies Which Prgive as'
representatives of the Protecting Powers.
Approved For Release 2005/06/29: CIA-RDP67B00446R000400090010-8
 Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
Jury 181 1 .966 CONGRESSIONAL RECORD - SENATE 15319
representatives of labour detachments shall
enjoy the same facilities for communication
with the prisoners' representatives of the
principal camp. Such communications shall
not be restricted, nor considered as forming
a part of the quota mentioned in Article 71.
Prisoners' representatives who are trans-
ferred shall be allowed a reasonable time to
ac quaint their successors with current affairs.
In case of dismissal, the reasons therefor
shall be communicated to the Protecting
Power.
Chapter III-Penal and Disciplinary
Sanctions
1. GenerarProvisions
Article 82
A prisoner of war shall be subject to the
laws, regulations and orders in force in the
armed forces of the Detaining Power; the
Detaining Power shall be justified in taking
judicial or disciplinary measures in respect
of any offence committed by a prisoner of
war against such laws, regulations or orders.
However, no proceedings or punishments
contrary to the provisions of this Chapter
shall be allowed.
If any law, regulation or order of the De-
taining Power shall declare acts committed
by a prisoner of war to be punishable,
whereas the same acts would not be punish-
able if committed by a member of the forces
of the Detaining Power, such acts shall en-
tail disciplinary punishments only.
Article 83
In deriding whether proceedings in' re-
spect of an offence alleged to have been com-
mitted by a prisoner of war shall be judicial
or disciplinary, the Detaining Power shall
ensure that the competent authorities ex-
ercise the greatest leniency and adopt,
wherever possible, disciplinary rather than
judicial measures.
A prisoner of war shall be tried only by a
military court, unless the existing .laws of
the Dgtainin~ Power expressly permit the
civil courts "to try a member of the armed
forces of the Detaining Power in respect of
the particular offence alleged to have been
committed by the prisoner of war.
. In no circumstances whatever shall a pris-
oner of war be tried by a court of any kind
which does not offer the essential guarantees
of independence and impartiality as generally
recognized, and, in particular, the procedure
of which does not afford the accused the
rights and means of defence provided for in
Article 105.
Article 85
Prisoners of war prosecuted under the laws
of the Detaining Power for acts committed
prior to capture shall retain, even if con-
Victed, the benefits of the present Conven-
tion.
Article 86
No prisoner of war may be punished more
than once for the same act or on the same
charge.
- Article 87
Prisoners of war may not be sentenced by
the military authorities and courts of the
Detaining Power to any penalties except those
provided for in respect of members of the
armed forces of the said Power who have
committed the same acts.
When fixing the penalty, the courts or au-
thorities of the'Detaining Power shall take
into consideration, to the widest extent pos-
sible, the fact that. the accused, not being
a national of the Detaining Power, is not
bound to it, by any duty of allegiance, and
that he. is in its power as the result of cir-
cumstances independent of his own will.
The -said ' courts or authorities shall be at
liberty to rdeuce the penalty provided for
the violation of which the prisoner of war
is accused and shall therefore not be bound
tq apply the minimum penaftyprescribed.
Collective punishment for individual acts,
corporal punishment, imprisonment in prem-
ises without daylight and, in general, any
form of torture or cruelty, are forbidden.
No prisoner of war may be deprived of his
rank by the Detaining Power, or prevented
from wearing his badges.
Article 88
Officers, non-commissioned officers and
men who are prisoners of war undergoing a
disciplinary or judicial punishment, shall not
be subjected to more severe treatment than
that applied in respect of the same punish-
ment to members of the armed forces of the
Detaining Power of equivalent rank.
A woman prisoner of war shall not be
awarded or sentenced to a punishment more
severe, or treated whilst undergoing punish-
ment more severely, than a women member
of the armed forces of the Detaining Power
dealt with for a similar offence.
In no case may a women prisoner of war
be awarded or sentenced to a punishment
more severe, or treated whilst undergoing
punishment more severely, than a male mem-
ber of the armed forces of the Detaining
Power dealt with for a similar offence.
Prisoners of war who have served disci-
plinary or judicial sentences may not be
treated differently from other prisoners of
war.
II. Disciplinary Sanctions
Article 89
The disciplinary punishments applicable
to prisoners of war are the following:
(1) A fine which shall not exceed 50 per
cent of the advances of pay and working pay
which the prisoner of war would otherwise
receive under the provisions of Articles 60 and
62 during a period of not more than thirty
days.
(2) Discontinuance of privileges granted
over and above the treatment provided for
by the present Convention.
(3) Fatigue duties not exceeding two hours
daily.
(4) Confinement.
The punishment referred to under (3) shall
not be applied to officers.
In no case shall disciplinary punishments
be inhuman, brutal or dangerous to the
health of prisoners of war..
Article 90
The duration of any single punishment
shall in no case exceed thirty days. Any
period of confinement awaiting the hearing
of a disciplinary offence or the award of dis-
ciplinary punishment shall be deducted from
an award pronounced against a prisoner of
war.
The maximum of thirty days provided
above may not be exceeded, even if the pris-
oner of war is answerable for several acts
at the same time when he is awarded pun-
ishment, whether such acts are related or not.
The period between the pronouncing of an
award of disciplinary punishment and its
execution shall not exceed one month.
When a prisoner of war is awarded a fur-
ther disciplinary punishment, a period of at
least three days shall elapse between the exe-
cution of any two of the punishments, if the
duration of one of these is ten days or more.
Article 91
The escape of a prisoner of war shall be
deemed to have succeeded when:
(1) he has joined the armed forces of the
Power on which he depends, or those of. an
allied Power;
(2) he has left the territory under the
control of the Detaining Power, or of an ally
of the said Power;
(3) he has joined a ship flying the flag of
the Power on which he depends, or of an
allied Power, in the territorial waters of the
Detaining Power, the said ship not being
under the control of the last named Power.
Prisoners of war who have made good their
escape In the sense of this Article and who are
recaptured, shall not be liable to any punish-
ment in respect of their previous escape.
Article 92
A prisoner of war who attempts to escape
and is recaptured before having made good
his escape in the sense of Article 91 shall be
liable only to a disciplinary punishment in
respect of this act, even if it is a repeated
offence.
A prisoner of war who is recaptured shall
be handed over without delay to the compe.
tent military authority.
Article 88, fourth paragraph, notwithstand-
ing, -prisoners of war punished as a result
of an unsuccessful escape may be subjected
to special surveillance. Such surveillance
must not affect the state of their health,
must be undergone in a prisoner of war camp,
and must not entail the suppression of any of
the safeguards granted them by the present
Convention.
Article 93
Escape or attempt to escape, even if it is
a repeated offence, shall not be deemed an
aggravating circumstance if the, prisoner of
war is subjected to trial by judicial proceed-
ings in respect of an offence committed dur-
ing his escape or attempt to escape.
In conformity with the principle stated
in Article 83, offences committed by prisoners
of war with the sole intention of facilitating
their escape and which do not entail any
violence against life or limb, such as offences
against public property, theft without inten-
tion of self-enrichment, the drawing up . or
use of false papers, or the wearing of civilian
clothing, shall occasion disciplinary punish-
ment only.
Prisoners of war who aid or abet an escape
or an attempt to escape shall be liable on this
count to disciplinary punishment only.
Article 94
If an escaped prisoner of war is recaptured,
the Power on which he depends shall be noti-
fied thereof in the manner defined in Article
122, provided notification of his escape has
been made.
Article 95
A prisoner of war accused of an offence
against discipline shall not be kept in con-
finement pending the hearing unless a mem-
ber of the armed forces of the Detaining
Power would be so kept if he were accused of
a similar offence, or if it is essential in the
interests of camp order and discipline.
Any period spent by a prisoner of war. in
confinement awaiting the disposal of an of-
fence against discipline shall be reduced to
an absolute minimum and shall not exceed
fourteen days.
The provisions of Articles 97 and 98 of this
Chapter shall apply to prisoners of war who
are in confinement awaiting the disposal of
offences against discipline.
Article 96.
Acts which constitute offences against dis-
cipline shall be investigated immediately.
Without prejudice to the competence of
courts and superior military authorities, dis-
ciplinary punishment may be ordered only by
an officer having disciplinary powers in his
capacity as camp commander, or by a respon-
sible officer who replaces him or to whom he
has deelgated his disciplinary powers.
In no case may such powers be delegated to
a prisoner of war or be exercised by a prisoner
of war.
Before any disciplinary award is pro-
nounced, the accused shall be given precise
information regarding the offences of which
he is accused and given an opportunity of
explaining his conduct and of defending
himself. He shall be permitted, in particu-
lar, to call witnesses and to have recourse, if
necessary, to the services of a qualified inter-
preter. The decision shall be announced to
the accused prisoner of war and to the pris-
oners' representative.
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
 15320
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
CONGRESSIONAL RECORD SENATE
A record of disciplinary punishments shall
be maintained by the camp commander and
shall be open to inspection by representa-
tives of the Protecting Power.
Article 97
Prisoners of war shall not in any case be
transferred to penitentiary establishments
(prisons, penitentiaries, convict prisons, etc.)
to undergo disciplinary punishment therein.
All premises in which disciplinary punish-
ments are undergone shall conform to the
sanitary requirements set forth in Article
25. ' A prisoner of war undergoing punish-
nient shall be enabled to keep himself in a
state of cleanliness, in conformity with
Article 29.
Officers and persons of equivalent status
shall not be lodged in the same quarters as
non-commissioned officers or men.
Women prisoners of war undergoing dis-
ciplinary punishment shall be confined in
separate quarters from male prisoners of war
and shall he under the immediate supervision
of women.
Article 98
A prisoner of war undergoing confinement
as a disciplinary punishment, shall continue
to enjoy the benefits of the provisions of this
Convention except in so far as these are
necessarily rendered inapplicable by the mere
fact that he is confined, In no case may he
be deprived of the benefits of the provisions
of Articles 78 and 126.
-A prisoner of war awarded disciplinary
punishment may not be deprived of the
prerogatives attached to his rank.
Prisoners of war awarded disciplinary
punishment shall be allowed to exercise and
to stay in the open air at least two hours
daily.
They shall be allowed, on their request, to
be present at the dally medical inspections.
They shall receive the attention which their
state of health requires and, if necessary,
shall be removed to the camp infirmary or to
a hospital.
They shall have permission to read and
write, likewise to send and receive letters.
Parcels and remittances of money however,
may be withheld from them until the com-
pletion of the punishment; they shall mean-
while be entrusted to,the prisoners' repre-
sentative, who will hand over to the infirmary
the perishable goods contained in such
parcels.
III. Judicial Proceedings
Article 99
No prisoner of war may be tried or sen-
tenced for an act which is not forbidden by
the law of the Detaining Power or by inter-
national law, in force at the time the said
act was committed.
No moral or physical coercion may be ex-
erted on a prisoner of war in order to induce
him to admit himself guilty of the act of
which he is accused.
No prisoner of war may be convicted with-
out having had an opportunity to present his
defence and the assistance of a qualified ad-
vocate or counsel.
Article 100
Prisoners of war and the Protecting Powers
shall be informed as soon as possible of the
offences which are punishable by the death
sentence under the Jaws of the Detaining
Power.
Other offences shall not thereafter be made
punishable by the death penalty without the
concurrence of the Power on which the
prisoners of war depend.
The death sentence cannot be pronounced
on a prisoner of war unless the attention of
the court has, in accordance with Article 87,
second paragraph, been particularly called
to the fact that since the accused is not a
national of the Detaining Power, he is not
bound to it by any duty of allegiance, and
that he is in its power as the result of cir-
ctustances independent of his own will,
Article 101,
If the death penalty is pronounced on a
prisoner of war, the sentence shall not be
executed before the expiration of a period of
at least six menthe from tote date when the
Protecting Power receives, at an indicated
address, the detailed communication pro-
vided for in Article 107.
Article 102
A prisoner of war can be validly sentenced
only if the sentence has been pronounced by
the same courts according to the same pro-
cedure as in the case of members of the
armed forces of the Detaining Power, and
if, furthermore, the provisions of the present
Chapter have been observed.
Article 103
Judicial investigations relating to a pri-
soner of war shall be conducted as rapidly as
circumstances permit and so that his trial
shall take place as soon as possible. A pris-
oner of war shall not be confined while
awaiting trial unless a member of the armed
forces of the Detaining Power would be so
confined if he were accused of a similar of-
fense, or If it is essential to do so in the
interests of national security. In no cir-
cumstances shall this confinement exceed
three months.
Any period spent by a prisoner of war in
confinement awaiting trial shall be deducted
from any sentence of imprisonment passed
upon him and taken into account in fixing
any penalty.
The provisions of Articles 97 and 98 of this
Chapter shall apply to a prisoner of war
whilst in confinement awaiting trial.
Article 104
In any case in which the Detaining Power
has decided to institute judicial proceedings
against a prisoner of war, it shall notify the
Protecting Power as soon as possible and at
least three weeks before the opening of the
trial. This period of three weeks shall run
as from the day on which such notification
reaches the Protecting Power at the address
previously indicated by the latter to the De-
taining Power.
The said notification shall contain the fol-
lowing information:
(1) Surname and first names of the pris-
oner of war, his rank, his army, regimental,
personal or serial number, his date of birth,
and his profession or trade, If any;
(2) Place of internment or confinement;
(3) Specification of the charge or charges
on which the prisoner of war is to be ar-
raigned, giving the legal provisions applica-
ble;
(4) Designation of the court which will try
the case, likewise the date and place fixed
for the opening of the trial.
The same communication shall be made
by the Detaining Power to the prisoners'
representative.
If no evidence is submitted, at the opening
of a trial, that the notification referred to
above was received by the Protecting Power,
by the prisoner of war and by the prisoners'
representative concerned, at least three weeks
before the opening of the trial, then the lat-
ter cannot take place and must be adjourned.
Article 105
The prisoner of war shall be entitled to
assistance by one of his prisoner comrades,
to defence by a qualified advocate or counsel
of his own choice, to the calling of witnesses
and, if he deems necessary, to the services of
a competent interpreter. He shall be ad-
vised of these rights by the Detaining Power
in due time before the trial.
Failing a choice by the prisoner of war, the
Protecting Power shall find him an advocate
or counsel, and shall have at least one week
at its disposal for the purpose. The Detain-
ing Power shall deliver to the said Power, on
request, a list of persons qualified! to present
the defence. Falling a choice of an advocate
or counsel by the prisoner of war or the
July 18, 1966'
Protecting Power, the Detaining Power shall
appoint a competent advocate or counsel to
conduct the defence.
The advocate or counsel conducting the
defence on behalf of the prisoner of war
shall have at his disposal a period of two
weeks at least before the opening of the trial,
as well as the necessary facilities to prepare
the defence of the accused. He may, in par-
ticular, freely visit the accused and inter-
view him in private. He may also confer
with any witnesses for the defence, including
prisoners of war. He shall have the benefit
of these facilities until the term of appeal
or petition has expired.
Particulars of the charge or charges on
which the prisoner of war is to be arraigned,
as well as the documents which are generally
communicated to the accused by virtue of
the laws in force in the armed forces of the
Detaining Power, shall be communicated to
the accused prisoner of war in a language
which he understands, and in good time be-
fore the opening of the trial. The same
communication on the same circumstances
shall be made to the advocate or counsel
conducting the defence on behalf of the
prisoner of war.
The representatives of the Protecting
Power shall be entitled to attend the trial
of the case, unless, exceptionally, this is held
in camera in the interest of State security.
In such a case the Detaining Power shall ad-
vise the Protecting Power accordingly.
Article 106
Every prisoner of war shall have, in the
same manner as the members of the armed
forces of the Detaining Power, the right of
appeal or petition from any sentence pro-
nounced upon him, with a view to the
quashing or revising of the sentence or the
reopening of the trial. He shall be fully in-
formed of his right to appeal or petition and
of the time limit within which he may do
so.
Article 107
Any judgment and sentence pronounced
upon a prisoner of war shall be immediately
reported to the Protecting Power in the form
of a summary communication, which shall
also indicate whether he has the right of ap-
peal with a view to the quashing of the sen-
tence or the reopening of the trial. This
communication shall likewise be sent to the
prisoners' representatives concerned. It shall
also be sent to the accused prisoner of war
in a language he understands. if the sen-
tence was not pronounced in his presence.
The Detaining Power shall also immediately
communicate to the Protecting Power the
decision of the prisoner of war to use or to
waive his right of appeal.
Furthermore, if a prisoner of war is finally
convicted or if a sentence pronounced on a
prisoner of war in the first instance is a
death sentence, the Detaining Power shall
as soon as possible address to the Protecting
Power a detailed communication containing:
(1) the precise wording of the finding and
sentence;
(2) a summarized report of any prelimi-
nary investigation and of the trial, empha-
sizing in particular the elements of the pro-
secution and the defence;
4 (3) notification, where applicable, of the
establishment where the sentence will be
served.
The communications provided for in the
foregoing sub-paragraphs shall he sent to the
Protecting Power at the address previously
made known to the Detaining Power.
Article 108
Sentences pronounced on prisoners of war
after a conviction has become duly enforce-
able, shall be served in the same establish-
ments and under the same conditions as in
the case of members of the armed forces of
the Detaining Power. These conditions shall
in all cases conform to the requirements of
health and humanity.
Approved Tor Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
 Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
Jicly 1.8, ..1966 CONGRESSIONAL RECORD - SENATE
A woman p'risoner' of war on whom such a
sentence' has been pronounced shall be con-
fined in separate quarters and shall be under
the supervision of women.
In any case,` prisoners of war sentenced to
a penalty depriving them of their liberty
shall retain the benefit of the provisions of
Articles 78 and 126 of the present Convention.
Furthermore, they shall be entitled to receive
and despatch correspondence, to receive at
least one relief parcel monthly, to take reg-
ular exercise in the open air, to have the
medical care required by their state of
health, and the spiritual assistance they may
desire. Penalties to which they may be
subjected shall be in accordance with the
provisions of Article 87, third paragraph.
Section I-Direct repatriation and accommo-
dation in neutral countries
Article 109
Subject to the provisions of the third para-
graph of this Article, Parties to the con-
mot are bound to send back to their own
country, regardless of number or rank, seri-
ously wounded and seriously sick prisoners
of war, after having cared for them until
they are fit to travel, in accordance with the
first paragraph of the following Article.
Throughout the duration of hostilities,
Parties to the oonflct shall endeavour, with
the ' cooperation of the neutral Powers con-
cerned; to make arrangements for the accom-
modation in neutral countries of the sick
and wounded prisoners of war referred to in
the second paragraph of the following
Article. They may, in addition, conclude
agreements with a view to the direct re-
patriation or internment in a neutral coun-
try of able-bodied prisoners of war who have
undergone a long period of captivity.
No sick or injured prisoner of war who is
eligible for repatriation under the first para-
graph of this Article, may be repatriated
against his will during hostilities.
Article 110.
ill I The following shall be repatriated direct:
(1) Incurably wound and sick whose men-
tal or physical fitness seems to have been
gravely diminished,
(2) Wounded and sick who, according to
medical opinion, are not likely to recover
within one year, whose condition requires
treatment and whose mental or physical fit-
ness seems to have been gravely diminished.
(3) Wounded and sick who have recovered,
but whose mental or physical fitness seems
to have been gravely and permanently
diminished.
The following may be accommodated in a
neutral country:
(1) Wounded and sick whose recovery may
be expected within-one year of the date of
the wound or the beginning of the illness,
if treatment in a neutral country might in-
crease the prospects of a more certain and
speedy recovery.
(2) Prisoners of war whose mental or
physical health, according to medical opin-
ion, is seriously threatened by continued
captf iity, but whose accommodation in a
neutral country might remove such a threat.
The conditions which prisoners of war ac-
commodated in a neutral country must fulfil
in order to permit their repatriation shall be
fixed, as shall likewise their status, by agree-
ment between the Powers concerned. In
general, prisoners of war who have been ac-
commodated in a neutral country, and who
belong to the following categories, should be
repatriated:
(1) Those whose state of health has de-
teriorated so as to fulfil the conditions laid
down for direct repatriation;
(2) Those whose mental or physical pow-
ors-remain, even 'after treatment, consider-
ably impaired.
' [Post, p. 3432, Post; P. 3442)
If no special agreements are concluded be-
tween the Parties to the conflict concerned,
to determine the cases of disablement or
sickness entailing direct repartriation or
accommodation in a neutral country, such
cases shall be settled in accordance with
the principles laid down in the Model Agree-
ment concerning direct repatriation and ac-
commodation in neutral countries of
wounded and sick prisoners of war and in the
Regulations concerning Mixed Medical Com-
missions annexed.to the present Convention.
Article 111
The Detaining Power, the Power on which
the prisoners of war depend, and a neutral
Power agreed upon by these two Powers,
shall endeavour to conclude agreements
which will enable prisoners of war to be in-
terned in the territory of the said neutral
Power until the close of hostilities.
Article 112
Upon the outbreak of hostilities, Mixed
Medical Commissions shall be appointed to
examine sick and wounded prisoners of war,
and to make all appropriate decisions re-
garding them. Thee appointment, duties and
functioning of these Commissions shall be
in conformity with the provisions of the
Regulations annexed to the present Conven-
tion,
However, prisoners of war who, in the
opinion of the medical authorities of the De-
taining Power, are manifestly seriously in-
jured or seriously sick, may be repatriated
without having to be examined by a Mixed
Medical Commission.
Article 113
Besides those who are designated by the
medical authorities of the Detaining Power,
wounded or sick prisoners of war belonging
to the categories listed below shall be entitled
to present themselves for examination by the
Mixed Medical Commissions provided for in
the foregoing Article:
(1) Wounded and sick proposed by a
physician or surgeon who is of the same na-
tionality, or a national of a Party to the con-
flict allied with the Power on which the said
prisoners depend, and who exercises his func-
tions in the camp.
(2) Wounded and sick proposed by their
prisoners' representative.
(3) Wounded and sick proposed by the
Power on which they depend, or by an or-
ganization duly recognized by the said Power
and giving assistance to the prisoners.
Prisoners of war who do not belong to one
of the three foregoing categories may never-
theless present themselves for examination
by Mixed Medical Commissions, but shall be
examined only after those belonging to the
said categories.
The physician or surgeon of the same na-
tionality as the prisoners who present them-
selves for examination by the Mixed Medical
Commission, likewise the prisoners' repre-
sentative of the said prisoners, shall have
permission to be present at the examination.
Article 114
Prisoners of war who meet with accidents
shall, unless the injury is self-inflicted, have
the benefit of the provisions of this Conven-
tion as regards repatriation or accommoda-
tion in a neutral country.
Article 115
No prisoner of war on whom a disciplinary
punishment has been imposed and who is
eligible for repatriation or for accommoda-
tion in a neutral country, may be kept back
on the plea that he has not undergone his
punishment.
Prisoners of war detained in connection
with a judicial prosecution or conviction and
who are designated for repatriation or ac-
commodation in a neutral country, may bene-
fit by such measures before the end of the
proceedings or the completion of the punish-
ment, if the Detaining Power consents.
Parties to the conflict shall communicate
to each other the names of those who will be
detained until the end of the proceedings or
the completion of the punishment.
Article 116
The cost of repatriating prisoners of war
or of transporting them to a neutral country
shall be borne, from the frontiers of the De-
taining Power, by the Power on which the
said prisoners depend.
Article 117
No repatriated person may be employed on
active military service.
Section 1I-Release and repatriation of pris-
oners of war at the close of hostilities
Article 118
Prisoners of war shall be released and re-
patriated without delay after the cessation of
active hostilities.
In the absence of stipulations to the above
effect in any agreement concluded between
the Parties to the conflict with a view to the
cessation of hostilities, or failing any such
agreement, each of the Detaining Powers
shall itself establish and execute without
delay a plan of repatriation In conformity
with the principle laid down in the foregoing
paragraph.
In either case, the measures adopted shall
be brought to the knowledge of the prisoners
of war.
The costs of repatriation of prisoners of
war shall in all cases be equitably appor-
tioned between the Detaining Power and the
Power on which the prisoners depend. This
apportionment shall be carried out on the
following basis:
(a) If the two Powers are contiguous, the
Power on which the prisoners of war depend
shall bear the costs of repatriation from the
frontiers of the Detaining Power.
(b) If the two Powers are not contiguous,
the Detaining Power shall bear the costs of
transport of prisoners of war over its own
territory as far as its frontier or its port of
embarkation nearest to the territory of the
Power on which the prisoners of war depend.
The Parties concerned shall agree between
themselves as to the equitable apportion-
ment of the remaining costs of the repatria-
tion. The conclusion of this agreement shall
in no circumstances justify any delay in the
repatriation of the prisoners of war.
Article 119
Repatriation shall be effected in conditions
similar to those laid down in Articles 46 to 48
inclusive of the present Convention for the
transfer of prisoners of war, having regard
to the provisions of Article 118 and to those
of the following paragraphs.
On repatriation, any articles of value im-
pounded from prisoners of war under Article
18, and any foreign currency which has not
been converted into the currency of the De-
tRining Power, shall be restored to them.
Articles of value and foreign currency which,
for any reason whatever, are not restored to
prisoners of war on repatriation, shall be de-
spatched to the Information Bureau set up
under Article 122.
Prisoners of war shall be allowed to take
with them their personal effects, and any
correspondence and parcels which have ar-
rived for them. The weight of such baggage
may be limited, if the conditions of repatri-
ation so require, to what each prisoner can
reasonably carry. Each- prisoner shall in
all cases be authorized to carry at least twen-
ty-five kilograms.
The other personal effects of the repatri-
ated prisoner shall be left in the charge of
the Detaining Power which shall have them
forwarded to him as soon as it has con-
cluded an agreement to this effect, regulat-
ing the conditions of transport and the pay-
ment of the costs involved, with the Power
on which the prisoner depends.
Prisoners of war against whom criminal
proceedings for an indictable offence are
pending may be detained until the end of
such proceedings, and, if necessary, until the
completion of the punishment. The same
shall apply to prisoners of war already con-
victed for an indictable offence.
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
 -Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
15322
Parties to the conflict shall communicate
to each other the names of any prisoners of
war who are detained until the end of the
proceedings or until punishment, has been
completed.
By agreement between the Parties to the
ci.nfiict, commissions Shall be established
for the purpose of searching for dispersed
prisoners of war and of assuring their re-
patriation with the least possible delay.
Section 111-Death of prisoners of war
Article 120
Wills of prisoners of war shall be drawn
upp so as to satisfy the conditions of validity
required by the legislation of their country
of origin, which will take steps to inform
the Detaining Power of its requirements in
this respect. At the request of the prisoner
of war and, in all cases, after death, the will
shall be transmitted without delay to the
Protecting Power; a certified copy shall be
sent to the Central Agency.
Death certificates, in the form annexed
to the present Convention, or lists certified
by a responsible officer, of all persons who
die as prisoners of war shall be forwarded
as rapidly as possible to the Prisoner of
War Information Bureau established in ac-
cordance with Article 122. The death cer-
tificates or certified lists shall show particu-
lars of identity as set out in the third para-
graph of Article 17, and also the date and
place of death, the cause of death, the date
and place of burial and all particulars neces-
sary to identify the graves.
The burial or. cremation of a prisoner of
war shall be preceded by a medical examina-
tion of the body with a view to confirming
death and enabling a report to be made and,
where necessary, establishing identity.
The detaining authorities shall ensure that
prisoners of war who have died in captivity
are honourably buried, if possible according
to the rites of the religion to which they be-
longed, and that their graves are respected,
suitably maintained and marked so as to be'
found at any time. Wherever possible, de-
ceased prisoners of war who depended on the
same Power shall be interred in the same
place.
Deceased prisoners of war shall be buried
in individual graves unless unavoidable cir-
cumstances require the use of collective
graves. Bodies may be cremated only for im-
perative reasons of hygiene, on account of
the religion of the decreased or in accordance
with his express wish to this effect. In case
of cremation, the fact shall be stated and the
reasons given in the death certificate of the
deceased,
In -order that graves may always be found,
all particulars of burials and graves shall be
recorded with a Graves Registration Service
established by the Detaining Power. Lists
of graves and particulars of the prisoners of
war interred in cemeteries and elsewhere
shall be transmitted to the Power on which
such prisoners of war depended. Respon-
sibility for the care of these graves and for
records of any subsequent moves of the
bodies shall rest on the Power controlling
the territory, if a Party to the present Con-
vention. These provisions shall also apply to
the ashes, which shall be kept by the Graves
Registration Service until proper disposal
thereof in accordance with the wishes of the
home country.
Article 121
Every death or serious injury of a prisoner
of war caused or suspected to have been
caused by a sentry, another prisoner of war,
or any other person, as well as any death the
cause of which is unknown, shall be imme-
diately followed by an official enquiry by the
Detaining Power.
A communication on this subject shall be
sent immediately to the Protecting Power.
Statements shall be taken from witnesses,
especially from those who are prisoners of
CONGRESSIONAL RECORD - SENATE July 18, 1966
war, and a report including such. statements
shall be forwarded to the Protecting Power.
If the enquiry indicates the guilt of one or
more persons, the Detaining Power shall take
all measures for the prosecution of the per-
son or persons responsible.
PART V-INFORMATION BUREAUX AND RELIEF SO-
CIETIES FOR PRISONERS OF WAR
Article 122
Upon the outbreak of a conflict and in all
cases of occupation, each of the Parties to
the conflict shall institute an official Infor-
mation Bureau for prisoners of war who are
in its power. Neutral or non-belligerent
Powers who may have received within their
territory persons belonging to one of the
categories referred to in Article 4, shall take
the same action with respect to such persons.
The Power concerned shall ensure that the
Prisoners of War Information Bureau is pro-
vided with the necessary accommodation,
equipment and staff to ensure its efficient
working. It shall be at liberty to employ
prisoners of war in such a Bureau under the
conditions laid down in the Section of the
present Convention dealing with work by
prisoners of war.
Within the shortest possible period, each of
the Parties to the conflict shall give its Bu-
Within the shortest possible period, each
of the Parties to the conflict shall give its
Bureau the information referred to in the
fourth, fifth and sixth paragraphs of this
Article regarding any enemy person belong-
ing to one of the categories referred to in
Article 4, who has fallen into its power.
Neutral or non-belligerent Powers shall take
the same action with regard to persons be-
longing to such categories whom they have
received within their territory.
The Buerau shall immediately forward
such information by the most rapid means
to the Powers concerned, through the inter-
mediary of the Protecting Powers and like-
wise of the Central Agency provided for In
Article 123.
This information shall make it possible
quickly to advise the next of kin concerned.
Subject to the provisions of Article 17, the
information shall include, in so far as avail-
able to the Information Bureau, in respect
of each prisoner of war, his surname, first
names, rank, army, regimental, personal or
serial number, place and full date of birth,
indication of the Power on which he depends,
first name of the father and maiden name of
the mother, name and address of the person
to be informed and the address to which cor-
respondence for the prisoner may be sent.
The Information Bureau shall receive from
the various departments concerned informa-
tion regarding transfers, releases, repatria-
tions, escapes, admissions to hospital, and
deaths, and shall transmit such information
in the manner described in the third para-
graph above.
Likewise, information regarding the state
of health of prisoners of war who are seri-
ously ill or seriously wounded shall be sup-
plied regularly, every week if possible.
The Information Bureau shall also be re-
sponsible for replying to all enquiries sent to
it concerning prisoners of war, including
those who have died in captivity; it will make
any enquiries necessary to obtain the infor-
Ination which is asked for if this is not in its
possession.
All written communications made by the
Bureau shall be authenticated by a signature
or a seal.
The Information Bureau shall furthermore
be charged with collecting all personal
valuables, including sums in currencies
other than that of the Detaining Power and
documents of importance to the next of kin,
left by prisoners of war who have been re-
partriated or released, or who have escaped
or died, and shall forward the said valuables
to the Powers concerned. Such articles shall
be sent by the Bureau in sealed packets
which shall be accompanied by statements
giving clear and full particulars of the
identity of the person to who the articles be-
longed, and by a complete list of the con-
tents of the parcel. Other personal effects
of such prisoners of war shall be transmitted
under arrangements agreed upon between
the Parties to the conflict concerned.
Article 123
A Central Prisoners of War Information
Agency shall be created in a neutral country.
The International Committee of the Red
Cross shall, if it deems necessary, propose
to the Powers concerned the organization
of such an Agency.
The function of the Agency shall be to col-
lect all the information it may obtain
through official or private channels respect-
ing prisoners of war, and to transmit it as
rapidly as possible to the country of origin
of the prisoners of war or to the Power on
which they depend. It shall receive from
the Parties to the conflict all facilities for
effecting such transmissions.
The High Contracting Parties, and in
particular those whose nationals benefit by
the services of the Central Agency, are re-
quested to give the said Agency the financial
aid it may require.
The foregoing provisions shall in no way be
interpreted as restricting the humanitarian
activities of the International Committee of
the Red Cross, or of the relief societies pro-
vided for in Article 125.
Article 124
The national Information Bureaux and the
Central Information Agency shall enjoy free
postage for mail, likewise all the exemptions
provided for in Article 74, and further, so
far as possible, exemption from telegraphic
charges or, at least, greatly reduced rates.
Article 125
Subject to the measures which the Detain-
ing Powers may consider essential to ensure
their security or to meet any other reason-
able need, the representatives of religious
organizations, relief societies, or any other
organization assisting prisoners of war, shall
receive from the said Powers, for themselves
and their duly accredited agents, all neces-
sary facilities for visiting the prisoners, for
distributing relief supplies and material,
from any source, intended for religious,
educational or recreative purposes, and for
assisting them in organizing their leisure
time within the camps. Such societies or
organizations may be constituted in the ter-
ritory of the Detaining Power or in any other
country, or they may have an international
character.
The Detaining Power may limit the num-
ber of societies and organizations whose dele-
gates are allowed to carry out their activities
in its territory and under its supervision, on
condition, however, that such limitation shall
not hinder the effective operation of ade-
quate relief to all prisoners of war.
The special position of the International
Committee of the Red Cross in this field
shall be recognized and respected at all times.
As soon as relief supplies or material in-
tended for the above-mentioned purposes are
handed over to prisoners of war, or very
shortly afterwards, receipts for each consign-
ment, signed by the prisoners' representative,
shall be forwarded to the relief society or
organization making the shipment. At the
same time, receipts for these consignments
shall be supplied by the administrative au-
thorities responsible for guarding the
prisoners.
PART VI-EXECUTION OF THE CONVENTION
Section I-General provisions
Article 126
Representatives or delegates of the Pro-
tecting Powers shall have permission to go to
all places where prisoners of war may be,
particularly to places of internment, im-
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
 Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
'July 18, 1966
CONGRESSIONAL RECORD - SENATE
prisonment and labour, and shall have access
to all premises occupied by prisoners of war;
they shall also be allowed to go to the places
of departure, passage and arrival of prisoners
who are being transferred. They shall be
able to interview the prisoners, and in par-
ticular the prisoners' representatives, without
witnesses, either personally or through an
interpreter.
Representatives and delegates of the Pro-
tecting Powers shall have full liberty to
select the places they wish to visit. The
duration and frequency of these visits shall
not be restricted. Visits may not be pro-
hibited except for reasons of imperative mili-
tary necessity, and then only as an excep-
tional and temporary measure.
The Detaining Power and the Power on
which the said prisoners of war depend may
agree, if necessary, that compatriots of these
prisoners of war be permitted to participate
in the visits.
The delegates of the International Com-
mittee of the Red Cross shall enjoy the same
prerogatives. The appointment of such dele-
gates shall be submitted to the approval of
the Power detaining the prisoners of war to
be visited.
Article 127
The High Contracting Parties undertake,
In time of peace as in time of war, to dis-
seminate the text of the present Convention
as widely as possible in their respective coun-
tries, and, in particular, to include the study
thereof in their programmes of military and,
if possible, civil Instruction, so that the
principles thereof may become known to all
their armed forces and to the entire popula-
tion.
Any military or other authorities, who in
time of war assume responsibilities in respect
of prisoners of war, must possess the text
of the Convention and be specially instructed
as to its provisions.
Article 128
The High Contracting Parties shall com-
municate to one another through the Swiss
Federal Council and, during hostilities,
through the Protecting Powers, the official
translations of the present Convention, as
well as the laws and regulations which they
may adopt to ensure the application thereof.
Article 129
The High Contracting Parties undertake to
enact any legislation necessary to provide
effective penal sanctions for persons com-
mitting, or ordering to be committed, any of
the grave breaches of the present Convention
defined in the following Article.
Each High Contracting Party shall be
under the obligation to search for persons
alleged to have committed, or to have
ordered to be committed, such grave
breaches, and shall bring such persons, re-
gardless of their nationality, before its own
courts. It may also, if it prefers, and in ac-
cordance with the provisions of its own leg-
islation, hand such persons over for trial to
another High Contracting Party concerned,
provided such High Contracting Party has
made out a.prima facie case.
Each High Contracting Party shall take
measures necessary for the suppression of
all acts contrary to the provisions of the
present Convention other than the grave
breaches defined in the following Article.
In all circumstances, the accused persons
shall benefit by safeguards of proper trial
and defence, which shall not be less favour-
able than those provided by Article 105 and
those following of the, present Convention,
Article 130
Grave. breaches to which the preceding
Article relates shall be those involving any
of the following acts, if committed against
persons or property protected by the Conven-
tion: wilful killing, torture or inhuman treat-
ment, including biologicGal experiments, wil-
fully causing great suffering or serious in-
jury to body or health, compelling a prisoner
of war to serve in the forces of the hostile
Power, or wilfully depriving a prisoner of
war of the rights of fair and regular trial
prescribed in this Convention.
Article 131
No High Contracting Party shall be al-
lowed to absolve itself or any other High
Contracting Party of any liability incurred by
itself or by another High Contracting Party
in respect of breaches referred to in the pre-
ceding Article.
Article 132
At the request of a Party to the conflict,
an enquiry shall be instituted, in a manner
to be decided between the interested Parties,
concerning any alleged violation of the Con-
vention.
If agreement has not been reached con-
cerning the procedure for the enquiry, the
Parties should agree on the choice of an
umpire who will decide upon the procedure
to be followed.
Once the violation has been established,
the Parties to the conflict shall put an end
to it and shall repress it with the least pos-
sible delay.
Section 1I-Final provisions
Article 133
The present Convention is established in
English and in French. Both texts are equally
authentic.
The Swiss Federal Council shall arrange for
official translations of the Convention to be
made in the Russian and Spanish languages.
Article 134
[TS 846.47 Stat. 2021.1
The present Convention replaces the Con-
vention of July 27, 1929, in relations between
the High Contracting Parties.
Article 135
[TS 403, 539. 32 Stat. 1803; 36 Stat. 2277.1
In the relations between the Powers which
are bound by the Hague Convention respect-
ing the Laws and Customs of War on Land,
whether that of July 29, 1899, or that of
October 18, 1907, and which are parties to the
present Convention, this last Convention
shall be complementary to Chapter II of the
Regulations annexed to the above-mentioned
Conventions of the Hague.
Article 136
The present Convention, which bears the
date of this day, is open to signature until
February 12, 1950, in the name of the Powers
represented at the Conference which opened
at Geneva on April 21, 1949; furthermore, by
Powers not represented at that Conference,
but which are parties to the Convention of
July 27, 1929.
Article 137
The present Convention shall be ratified
as soon as possible and the ratifications shall
be deposited at Berne.
A record shall be drawn up of the deposit
of each Instrument of ratification and certi-
fied copies of this record shall be transmitted
by the Swiss Federal Council to all the Powers
in whose name the Convention has been
signed, or whose accession has been notified.
Article 138
The present Convention shall come into
force six months after not less than two
Instruments of ratification have been de-
posited.
Thereafter, it shall come into force for
each High Contracting Party six months after
the deposit of the instrument of ratification.
Article 139
From the date of its coming into force, it
shall be open to any Power in whose name
the present Convention has not been signed,
to accede to this Convention.
Article 140
Accessions shall be notified in writing to
the Swiss Federal Council, and shall take
effect six months after the date on which
they are received.
The Swiss Federal Council shall communi-
cate the accessions to all the Powers in whose
name the Convention has been signed, or
whose accession has been notified.
Article 141
The situations provided for in Articles 2
and 3 shall give immediate effect to ratifica-
tions deposited and accessions notified by the
Parties to the conflict before or after the
beginning of hostilities or occupation. The
Swiss Federal Council shall communicate by
the quickest, method any ratifications or
accessions received from Parties to the con-
flict.
Article 142
Each of the High Contracting Parties shall
be at liberty to denounce the present
Convention.
The denunication shall be notified in writ-
ing to the Swiss Federal Council, which
shall transmit it to the Governments of all
the High Contracting Parties.
The denunciation shall take effect one year
after the notification thereof has been made
to the Swiss Federal Council. However, a
denunication of which notification has been
made at a time when the denouncing
Power is involved In a conflict shall not take
effect until peace has been concluded, and
until after operations connected with release
and repatriation of the persons protected
by the present Convention have been term-
inated.
The denunciation shall have effect only in
respect of the denouncing Power. It shall in
no way impair the obligations which the
Parties to the conflict shall remain bound to
fulfill by virtue of the principles of the law
of nations, as they result from the usages
established among civilized peoples, from the
laws of humanity and the dictates of the
public conscience.
Article 143
The Swiss Federal Council shall register
the present Convention with the Secretariat
of the United Nations. The Swiss Federal
Council shall also inform the Secretariat of
the United Nations of all ratifications, ac-
cessions and denunciations received by it
with respect to the present Convention.
In witness whereof the undersigned, hav-
ing deposited their respective full powers,
have signed the present Convention.
Done at Geneva this twelfth day of August
1949, in the English and French languages.
The original shall be deposited in the
Archives of the Swiss Confederation. The
Swiss Federal Council shall transmit cer-
tified copies thereof to each of the signatory
and acceding States.
For Afghanistan: M. Osman Amiri.
For the People's Republic of Albania: J.
Malo.
For Argentina: Guillermo A. Speroni.
For Australia: Norman R. Mighell.
For Austria: Dr. Rud. Bluehdorn.
For Belgium: Maurice Bourquin.
For the Byelorussian Soviet Socialist Re-
public: I. Kushoinikov,
For Bolivia: G. Medeiros.
For Brazil: Joao Pinto da Silva.
For the Bulgarian People's Republic: K.
B. Svetlov,
For Canada: Max, H. Wershof.
For Ceylon: V. Coomaraswamy.
For Chile: F. Cisternas Ortiz.
For China: Wu Nan-Ju.
For Colombia: Rafael Rocha Schloss.
For Cuba: J. de Is Luz Le6n.
For Denmark: Georg Cohn, Paul Ipsen.
For Egypt: A. K. Safwat.
For Ecuador: Alex. Gastelu.
For Spain: Luis Calder6n.
For the United States of America: Leland
Harrison, Raymund F. T. Yingling.
For Ethiopia: Gachaou Zelleke.
For Finland: Reinhold Svento.
For Fiance: G, Cahen-Salvador,
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
 15324
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
CONGRESSIONAL RECORD -SENATE July 18, 1966-
For Greece: M. Pesmazoglou.
For Guatemala: A. Dupont-Willemin.
For the Hungarian People's Republic:
Anna Kara.
For India: D. B. Desai.
For Iran: A. H. Meykadeh.
For the Republic of Ireland: Sean Mac-
Bride.
For Israel: M. Kahany.
For Italy: Giacinto Auriti, Ettore Bais-
trocchl.
For the Lebanon: Mikaoui.
For Liechtenstein: Comte F. Wilczek.
For Luxemburg: J. Sturm.
For Mexico: Pedro de Alba, W. R. Castro.
For the priricipality of Monaco: M. Lozd.
For Nicaragua: Lifschitz.
For Norway: Rolf Anderson.
For New Zealand: G. R. Laking.
For Pakistan: S. M. A. Faruki, M. G., A. H.
Shaikh,
For Paraguay: Conrad Fehr.
For the Netherlands: J. Bosch de Rosen-
thal.
For Peru: Gonzalo Pizzaro.
For the Republic of the Philippines: P.
Sebastian. -
For Poland : Julian Przybos.
For Portugal: G. Caldeira Coelho.
For the Rumanian People's Republic: I.
Dragomir.
For the United Kingdom of Great Britain
and Northern Ireland: Robert Oraigie, H. A.
Strutt, W. Ii. Gardner.
For the Holy See: Philippe Bernardini.
For El Salvador: R. A. Bustamante.
For Sweden: Staffan Sdderblom.
For Swtizerland: Max Petitpierre, Plinio
Tlla, Colonel div. du Pasquier, Ph. Zutter,
Meull.
For Syria: Omar El Djabri, A. Gennaoui.
For Czechoslovakia: Tauber.
For Turkey: Rana Tarhan.
For the Ukranian Soviet Socialist Repub-
lic: Prof. O. Bogomolet.
For the Union of Soviet Socialist Repub
lics: H. Slavin.
For Uruguay: Conseiller Colonel Hector J.
Blanco.
For Venezuela: A. Posse de Rivas.
For the Federal People's Republic of Yug-
oslavia: Milan Ristie.
ANNEX I-MODEL AGREEMENT CONCERNING
DIRECT REPATRIATION AND ACCOMMODATION
IN NEUTRAL COUNTRIES OF WOUNDED AND
SICK PRISONERS OF WAR
(See Article 110)
1. PRINCIPLES FOR DIRECT REPATRIATION AND
ACCOMMODATION IN NEUTRAL COUNTRIES
A. Direct repatriation
The following shall be repatriated direct:
(1) All prisoners of war suffering from the
following disabilities as the result of trauma:
loss of a limb, paralysis, articular or other
disabilities, when this disability is at least
the loss of a hand or a foot, or the equivalent
of the loss of a hand or a foot.
Without prejudice to a more generous in-
terpretation, the following shall be consid-
ered as equivalent to the loss of a hand or a
foot:
(a) Loss of a hand or of all the fingers,
or of the thumb and forefinger of one hand;
loss of a foot, or of all the toes and
metatarsals of one foot,
(b) Ankylosis, loss of osseous tissue,
cicatricial contracture preventing the func-
tion of one of the large articulations or of all
the digital joints of one hand.
(c) Pseudarthrosls of the long bones.
(d) Deformities due to fracture or other
injury which seriously Interfere with func-
tion and weight-bearing power.
(2) All wounded prisoners of war whose
condition has become chronic, to the extent
that prognosis appears to exclude recovery-.
in spite of treatment-within one year from
the date of the injury, as, for sample, in
case of :
(a) Projectile In the heart, even if the
Mixed Medical Commission should fail, at
the time of their examination, to detect any
serious disorders.
(b) Metallic splinter in the brain or the
lungs, even if the Mixed Medical Commis-
sion. cannot, at the time of examination,
detect any local or general reaction.
(c) Osteomyelitis, when recovery cannot
be foreseeen in the course of the year follow-
ing the injury, and which seems likely to
result in ankylosis of a joint, or other im-
pairments equivalent to the loss of a hand
or a foot.
(d) Perforating asid suppurating injury to
the large joints.
(e) Injury to the skull, with, loss or
shifting of bony tissue.
(f) Injuring or burning of the face with
loss of tissue and functional lesions.
(g) Injury to the spinal cord.
(h) Lesion of the peripheral nerves, the
sequelae of which are equivalent to the loss
of a hand or foot, and the cure of which re-
quires more than a year from the date of in-
jury, for example: injury to the brachial or
lumbosacral plexus median or sciatic- nerves,
likewise combined injury to the radial and
cubital nerves or to the'lateral popliteal nerve
(N. peroneous communes) and medial pop-
liteal nerve (N. tibialis) ; etc. The separate
injury of the radial (musculospiral), cubital,
lateral or medial popliteal nerves. shall not,
however, warrant repatriation except in case
of contractures or of serious neurotrophic
disturbance.
(i) Injury to the urinary system, with in-
capacitating results.
(3) All sick prisoners of war whose condi-
tion has become chronic to the extent that
prognosis seems to exclude recovery-in spite
of treatment-within one year from the in-
ception of the disease, as, for example, in
case of:
(a) Progressive tuberculosis of any organ
which, according to medical prognosis, can-
not be cured or at least considerably im-
proved by treatment in a neutral country.
(b) Exudate pleurisy. -
(c) Serious diseases of the respiratory or-
gans of non-tubercular etiology, presumed
incurable, for example: serious pulmonary
emphysema, with or without bronchitis;
chronic asthma*; chronic bronchitis* lasting
more than one year in capitivity; bronchiec-
tasis*; etc.
(d) Serious chronic affections of the cir-
culatory system, for example: valvular lesions
and myocarditis*, which have shown signs of
circulatory failure during captivity, even
though the Mixed Medical Commission can-
not detect any such signs at the time of
examination; affections of the pericardium
and the vessels (Buerger's disease, aneurisms
of the large vessels); etc.
(e) Serious chronic affections of the diges-
tive organs, for example: gastric or duodenal
ulcer; sequelae of gastric operations per-
formed in captivity; chronic gastritis, en-
teritis or colitis, having lasted more than one
year and seriously affecting the general con-
dition; cirrhosis of the liver; chronic chole-
cystopathy*; etc.
(f) Serious chronic affections of the ge-
nito-urinary organs, for example: chronic
diseases of the kidney with consequent dis-
orders; nephrectomy because of a tubercular
kidney; chronic pyelitis or chronic cystitis;
hydronephrosis or pyonephrosis; chronic
grave gynaecological conditions; normal
pregnancy and obstetrical disorder, where It
is impossible to accommodate in a neutral
country; etc.
(g) Serious chronic diseases of the cen-
tral and peripheral nervous system, for
-The decision of the Mixed Medical Com-
mission shall be based to a great extent on
the records kept by camp physicians and
surgeons of the same nationality as the pris-
oners of war, or on an examination by medi-
cal specialists of the Detaining Power.
example: all obvious psychoses and psycho-
neuroses, such as serious hysteria, serious
captivity psychoneurosis, etc., duly verified
by a specialist*; any epilepsy duly verified by
the camp physician*; cerebral arterioscle-
rosis; chronic neuritis lasting more than one
year; etc.
(h) Serious chronic diseases of the neuro-
vegetative system, with considerable dimi-
nution of mental or physical fitness, notice-
able loss of weight and general asthenia.
(1) Blindness of both eyes, or of one eye
when the vision of the other is less than 1
in spite of the use of corrective glasses;
diminution of visual acuity in cases where it
is imposssible to restore it by correction to
an acuity of 1/2 in at least one eye*; other
grave ocular affections, for example: glau-
coma, iritis, choroiditis; trachoma; etc.
(k) Auditive disorders, such as total uni-
lateral deafness, if the other ear does not
discern the ordinary spoken word at a die-
tance of one metre*; etc,
(1) Serious affections of metabolism, for
example: diabetes mellitus requiring insulin
treatment; etc.
(m) Serious disorders of the endocrine
glands, for example: thyrotoxicosis; hypo.
thyrosis; Addison's disease; Simmonds'
cachexia; tetany; etc.
(n) Grave and chronic disorders of the
blood-forming organs.
(o) Serious cases of chronic intoxication,
for example: lead poisoning, mercury poison-
ing, morphinism, cocainism, alcoholism; gas
or radiation poisoning; etc.
(p) Chronic affections of locomotion, with
obvious functional disorders, for example:
arthritis deformans; primary and secondary
progressive chronic polyarthritis; rheuma-
tism with serious clinical symptoms; etc.
(q) Serious chronic skin diseases not
amenable to treatment.
(r) Any malignant growth.
(s) Serious chronic infectious diseases,
persisting for one year after their inception,
for example: malaria with decided organio
impairment, amoebic or bacillary dysentery
with grave disorders; tertiary visceral syphil-
lie resistant to treatment; leprosy; etc.
(t) Serious avitaminosis or serious inani-
tion.
B. Accommodation in neutral countries
The following shall be eligible for accom-
modation in a neutral country:
(1) All wounded prisoners of war who are
not likely to recover in captivity, but who
might be cured or whose condition might
be considerably Improved by accommodation
in a neutral country.
(2) Prisoners of war suffering from any
form of tuberculosis, of whatever organ, and
whose treatment in a neutral country would
be likely to lead to recovery or at least to
considerable improvement, with the excep-
tion of primary tuberculosis cured before
captivity. -
(3) Prisoners of war suffering from affec-
tions requiring treatment of the respiratory,
circulatory, digestive, nervous, sensory,
genito-urinary, cutaneous, locomotive organs,
etc., if such treatment could clearly have bet-
ter results in a neutral country than in cap-
tivity.
(4) Prisoners of war who have undergone
a nephrectomy in captivity for anon-tuber-
cular renal affection; cases of osteomyelitis,
on the way to recovery or latent; diabetes
mellitus not requiring insulin treatment; etc.
(b) Prisoners of war suffering from war or
captivity neuroses. Cases of captivity
neurosis which are not cured after three
months of accommodation in a neutral coun-
try, or which after that length of time are
not clearly on the way to complete cure, shall
be repatriated.
(6) All prisoners of war suffering from
chronic intoxication (gases, metals, alkaloids,
etc.), for whom the prospects of cure in a
neutral country are especially favourable.
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
 Approved For Release 2005/06/29 : CIA-RDP67B00446R0004000900,10-8
btly 18, 1966 CONGRESSIONAL -RECORD SENATE
(7) All women prisoners of war who are
pregnant or mothers with infants and small
children.
The following cases shall not be eligible for
accommodation in a neutral country:
(1) All duly Verified chronic psychoses.
(2) All organic or functional nervous af-
fections considered to be incurable.
(3) All contagious diseases during the pe-
riod in which they are transmissible, with the
exception-of tuberculosis.
11. GENERAL OBSERVATIONS
(1) The conditions given shall, in a gen-
eral way, be interpreted and applied in as
broad a spirit as possible. Neuropathic and
psychopathic conditions caused by war or
captivity, as well as cases of tuberculosis in
all stages, shall above all benefit by such
liberal interpretation. Prisoners of war who
have sustained several wounds, none of
which, considered by itself, justifies repatria-
tion, shall be examined In the same spirit,
with due regard for the psychic traumatism
due to the number of their wounds.
(2) All unquestionable cases giving the
right to direct repatriation (amputation,
told blindness or deafness, open pulmonary
tuberculosis, mental disorder, malignant
growth, etc.) shall be examined and re-
patriated as soon as possible by the camp
physicians or by military medical commis-
sions appointed by the Detaining Power.
-(3) Injuries and diseases which existed
before the war and which have not become
worse, as well as war injuries which have
not prevented subsequent military service,
shall not entitle to direct repatriation.
(4) The provisions of this Annex shall be
interpreted and applied in a similar manner
in all countries party to the conflict. The
Powers and authorities concerned shall grant
to Mixed Medical Commissions all the fa-
cilities necessary for the accomplishment of
their task.
(5) The'examples quoted under (I) above
represent only typical cases. Cases which
do not correspond exactly to these provisions
shall be judged in the spirit of the provisions
of Article 110 of the present Convention,
and of the principles embodied in the present
Agreement.
ANNEX II-REGULATIONS CONCERNING MIXED
MEDICAL COMMISSIONS
(See Article 112)
Article 1
The Mixed Medical Commissions provided
for in Article 112 of the Convention shall
be composed of three members, two of whom
shall belong to a neutral country, the third
being appointed by the Detaining Power.
One of the neutral members shall take the
chair.
Article 2
The two neutral members shall be ap-
pointed by the International Committee of
the Red Cross, acting in agreement with the
Protecting Power, at the request of the De-
taining Power. They may be domiciled either
In their country of origin, in any other
neutral country, or in the territory of the
Detaining Power.
Article 3
The neutral members shall be approved
by the Parties to the conflict concerned, who
shall notify their approval to the Inter-
national Committee of the Red Cross and to
the Protecting Power. Upon such notifica-
tion, the neutral members shall be considered
as effectively appointed.
Article 4
Deputy members shall also be appointed in
sufficient nu3nber to replace the regular
members in case of need. They shall be
appointed at the same time as the regular
members or, at least, as soon as possible.
Article 5
If for any reason the international Com-
mittee of the Red Cross cannot arrange for
No. 114-22
the appointment of the neutral members,
this shall be done by the Power protecting
the interests of the prisoners of war to be
examined.
Article 6
So far as possible, one of the two neutral
members shall be a surgeon and the other
a physician.
Article 7
The neutral members shall be entirely in-
dependent of the Parties to the conflict,
which shall grant them all facilities in the
accomplishment of their duties.
Article 8
By agreement with the Detaining Power,
the International Committee of the Red
Cross, when making the appointments pro-
vided for in Articles 2 and 4 of the present
Regulations, shall settle the terms of service
of the nominees.
Article 9
The Mixed Medical Commissions shall be-
gin their work as soon as possible after the
neutral members have been approved, and
in any case within a period of three months
from the date of such approval.
Article 10
The Mixed Medical Commission shall ex-
amine all the prisoners designated in Article
113 of the Convention. They shall propose
repatriation, rejection, or reference to a later
examination. Their decisions shall be made
by a majority vote.
Article 11
The decisions made by the Mixed Medical
Commissions in each specific case shall be
communicated during the month following
their visit, to the Detaining Power, the Pro-
tecting Power and the International Com-
mittee of the Red Cross. The Mixed Medical
Commissions shall also inform each prisoner
of war examined of the decision made, and
shall issue to those whose repatriation has
been proposed, certificates similar to the
model appended to the present Convention.
Article 12
The Detaining Power shall be required to
carry out the decisions of the Mixed Medical
Commissions within three months of the
time when it receives due notification of
such decisions.
Article 13
If there is no neutral physician in a coun-
try where the services of a Mixed Medical
Commission seem to be required, and if it is
for any reason impossible to appoint neutral
doctors who are resident in another country,
the Detaining Power, acting in agreement
with the Protecting Power, shall set up a
-Medical Commission which shall undertake
the same duties as a Mixed Medical Com-
mission, subject to the provisions of Articles
1, 2, 3, 4, 5 and 8 of the, present Regulations.
Article 14
Mixed Medical Commissions shall function
permanently and shall visit each camp at
intervals of not more than six months.
ANNEX III-REGULATIONS CONCERNING
COLLECTIVE RELIEF
(See Article 73)
Article 1
Prisoners' representatives shall be allowed
to distribute collective relief shipments for
which they are responsible to all prisoners
of war administered by their camp, includ-
ing those who are in hospitals, or in prisons
or other penal establishments.
Article 2
The distribution of collective relief ship-
ments shall be effected in accordance with
the instructions of the donors and with a
plan drawn up by the prisoners' representa-
tives. The issue of medical stores shall,
however, be made for preference in agree-
'15325
ment with the senior medical officers, and
the latter may, in hospitals and infirmaries,
waive the said instructions, if the needs of
their patients so demand. Within the limits
thus defined, the distribution shall always be
carried out equitably.
Article 3
The said prisoners' representatives or their
assistants shall be allowed to go to the points
of arrival of relief supplies near their camps,
so as to enable the prisoners' representatives
nr their assistants to verify the quality as
well as the quantity of the goods received,
and to make out detailed reports thereon
for the donors.
Article 4
Prisoners' representatives shall be given
the facilities necessary for verifying whether
the distribution of collective relief in all
subdivisions and annexes of their camps has
been carried out in accordance with their
instructions.
Article 5
Prisoners' representatives shall be allowed
to fill up, and cause to be filled up by the
prisoners' representatives of labour detach-
ments or by the senior medical officers of
infirmaries and hospitals, forms or question-
naires intended for the donors, relating to
collective relief supplies (distribution, re-
quirements, quantities, etc.). Such forms
and questionnaires, duly completed, shall be
forwarded to the donars without delay.
Article 6
In order to secure the regular issue of col-
lective relief to the prisoners of war in their
camp, and to meet any needs that may arise
from the arrival of new contingents of pris-
oners, prisoners' representatives shall be al-
lowed to build up and maintain adequate
reserve stocks of collective relief. For this
purpose, they shall have suitable ware-
houses at their disposal; each warehouse
shall be provided with two locks, the pris-
oners' representative holding the keys of
one lock and the camp commander the keys
of the other.
Article 7
When collective consignments of clothing
are available, each prisoner of war shall re-
tain in his possession at least one complete
set of clothes. If a prisoner has more than
one set of clothes, the prisoners' representa-
tive shall be permitted to withdraw excess
clothing from those with the largest number
of sets, or particular articles in excess of one,
if this is necessary in order to supply pris-
oners who are less well provided. He shall
not, however, withdraw second sets of un-
derclothing, socks or footwear, unless this
is the only means of providing for prisoners
of war with none.
Article 8
The High Contracting Parties, and the De-
taining Powers in particular, shall authorize,
as far as possible and subject to the regu-
lations governing the supply of the popula-
tion, all purchases of goods made in their
territories for the distribution of collective
relief to prisoners of war. They shall simi-
larly facilitate the transfer of funds and
other financial measures of a technical or
administrative nature taken for the pur-
pose of making such purchases.
Article 9
The foregoing provisions shall not consti-
tute an obstacle to the right of prisoners of
war to receive collective relief before their
arrival in a camp or in the course of transfer,
nor to the possibility of representatives of the
Protecting Power, the International Com-
mittee of the Red Cross, or any other body
giving assistance to prisoners which may be
responsible for the forwarding of such sup-
plies, ensuring the distribution thereof to
the addresses by other means that they
may deem useful.
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8-
 15326
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
CONGRESSIONAL RECORD --SENATE July 18, 1966
ANNEX IV
A. IDENTITY CARD
(see Article 4)
'u0ilea9T7uap1 siq UT 7819311 01 'SaIIIJ041
-ny2uiuielaU aq7 of Plea 0q7 puui(
eauo In hogs eq aeuoslid uaile) si aaasaq
%q'. jg r ponssl sf 77 mogm o7 noSaad aq7
p lie 7u P51.una eq 7snm pica oqy
'TUagl to land lou ere lnq
)o soaaog pomry Sip Auednrooan oqm
euosaod al pens( sl pica Allluapl silty
luraduq
fees felaw0
.11111 1 i 10c4
1 101aA I 131 10Il
------------------------------------------------------------------ - ---------------
----------------- (Name of the country and military
authority issuing this card)
Photograph IDENTITY CARD
{ of the
bearer
Name----------------- --------------------------------?
First names----------------------------------------------
Date and place of birth_________________________________--
Accampanfls the Armed Forces as_______________________
Date of Issue Signature of bearer
Remarks.-This card should be made out for preference in two or three languages,
one of which is in international use. Actual size of the card: 13 by 10 centimeters.
It should be folded along the dotted line.
B. CAPTURE CARD
(see Article 70)
2. Reverse
side
PRISONER OF wAR MAIL Postage free
CAPTURE CARD FOR PRISONER OF WAR
IMPORTANT
This card must be com-
pleted by each prisoner fm-
mediately after being taken
CENTRAL PRISONERS
prisoner and each time his
OF WAR AGENCY
address Is changed (by reason
of transfer to a hospital or to
INTERNATIONAL. COMMITTER
another camp).
OF THE RED CROSS
This card Is distinct from
the special card which each
prisorior is allowed to send to
GENEVA
-
his relatives.
SWITZERLAND
2. Reverse
side
Write legibly and in 1. Power on which the
block letters prisoner depends______________
2. Name S. First names (In full) 4. First name of father
5. Date of birth________________ 6. Place of birth ------ __________
---------------------------------------------------------------
1. Rank ----------- --------------------------------- -----------
8. Service number ------------ -----------------------------------
9. Address of next of kin________________________________________
*1t). Taken prisoner on: (or)
Coining from (Camp No., hospital, otc.)__________________
`11. (a) Good health-(h) Not wounded-(c) Recovered-(d)
Convalescent-(e) Sick-('f) Slightly wounded-(g) Seriously
wounded.
12. My present address is: Prisoner No__________________________
Name of camp- ---------------------------------------------
13. Date----------------------- 14. Signature -----_____-________
"Strike out what is not applicable-Do not add any remarks-
'4ee explanations overleaf.
Remarks.-This form should be made out in two or three languages,
particularly in the prisoner's own language and in that of the Detain-
ing :Power. Actual size: 15 by J0.5 ceuttmches.
ANNEX IV
C. CORRESPONDENCE CARD AND LETTER
(see Article 71)
1. CARD.
I Postage free
Sender:
Name and first names
--------------? ---------
Place and date of birth
---------------------------
Prisoner of War No.
Name of camp
Street -------------------------------
Country ----------------
Province or Department _--_-____-_.
--------------------- -- ----- ------ -
-----?------------------- ------------ ---------------- ------
----------------------------------- ----------------------
------------------------------------- ----------
---------- ------------------ ?---------------------
--------------
----------------------------------------------- ------ ------
Remarks.-This form should be made out in two or three languages,
particularly in the prisoner's own language and In that of the Detaining
Power. Actual size of form: 15 by 10 centimetres.
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
 Approved For Release 2005/06/29 : CIA-RDP6,7B00.446R000400090010-8
uly 18, 1966 CONGRESSIONAL RECORD - SENATE 15327
(see Article 71)
2. LE`?TIER
-------------- ------
PRISONER OF WAR MAIL
Postage free
To----------------------------------------------------- ------- -------------
-------------------------------------------------------------------------------
Street -----------------------------------------------------
Country -----------------------------------------------------
Department or Province -------------- -------------------- -----------------
-------------------- poked asatlnn AslunoD
---------------------------------------------- --- ?oN seM io souoslsa
---------------- r--------------------- glslq jo 33,31(l pus Ora
----------- ---------------------------- sainrea lsag pus ON
:sapneS
--------------------------------------------------- ----------------------
Remarks.-This form should be made out in two of 'throe languages, particularly
In the prisoner's own language and in that of the Detaining Power. It should be
folded along the dotted line, the tab being inserted In the-slit (marked by a line of
a5torisks); it then has the appearance of an envelope. Overleaf, It is lined like the
postcard above (Annex IV C 1); this space can contain about 250 words which the
prisoner is free to write. Actual size of the folded form: 29 by 15 centimetres.
B. NOTIFICATION OF DEATH
(Title of responsible NOTIFICATION OF DEATH
authority)
Power on which the
prisoner depended------------------------ ---
First name of father
Place and date of birth
Place and date of death
Rank and service number (as given on
identity disc)
Address of next of kin
Where and when taken prisoner
Cause and circumstances of death
Place of burial
Is the grave marked and can it be
found later by the relatives?
Are the personal effects of the de-
ceased in the keeping of the Detain-
ing Power or are they being for-
warded together with this notification?
If forwarded, through what agency?
Can the person who cared for the de-
ceased during sickness or during his
last moments (doctor, nurse, minis-
ter of religion, fellow prisoner) give
here or on an attached sheet a short
account of the circumstances of the
death and burial?
-------------------------------------
-------------------------------------
-------------------------------------
-------------------------------------
--------------------------- - --------
-------------------------------------
-------------------------------------
------------------------------------
--------------------------------------
-------------------------------------
------------------------------------
-------------------------------------
-------------------------------------
(Date, seal and signature of responsible Signature and address of two witnesses
authority.)
Remarks: Tills form should be made out in two or three languages, particularly
in the prisoner's own language and in that of the Detaining Power. Actual size of
the form: 21 by 30 centimetres.
Am= IV
E._ REPATRIATION CERTIFICATE
(See Annex II, Article 11)
Repartriation Certificate
Date:
Camp :
Hospital:
Surname:
First names:
Date of birth:
Rank:
Army Number:
P. W. Number:
Injury Disease:
Decision of the Commission:
Chairman of the Mixed Medical Com-
mission
A= direct repatriation
B=accommodation in a neutral country
NC=re-examination by next Commission
ANNEX V-MODEL REGULATIONS CONCERNING
PAYMENTS SENT BY PRISONERS TO THEIR
OWN. ,COUNTRY
(see Article 63)
(1) The notification referred to in the
third paragraph"of Article 63 will show:
(a) _ number as specified in Article 17, rank,
surname and first names of the pirsoner of
war who is the payer;
(b) the name and address of the payee in
the country of origin;
(c) the amount to be so paid in the cur-
rency of the country in which he is detained.
(2) The notification will be signed by the
prisoner ofwar, or his witnessed mark made
upon it if he cannot write, and shall be
countersigned by the prisoners' representa-
tive.
(3) The camp commander will add to this
notification a certifletae that the prisoner of
war concerned has a credit balance of not less
than the amount registered as,payable.
(4) The notification may be made up in
lists, each sheet of such lists being witnessed
by the prisoners' representative and certified
by the camp commander.
PEOPLE'S REPUBLIC OF ALBANIA
Mr. MALO, First Secretary to the Albanian
Legation in Paris:
[TIAS 3362. Ante, p. 3114.]
(1) Convention for the Amelioration of
the Condition of the Wounded and Sick in
Armed Forces In the Field.
Article 10: "The People's Republic of Al-
bania will not recognize a request by a De-
taining Power to a humanitarian organiza-
tioXi or to a neutral State to take the place
of a Protecting Power, as being in order, un-
less the Power of which the protected persons
are nationals has given its consent."
[TIAS 3363. Ante, p. 3217.1
(2) Convention for the Amelioration of
the Condition of Wounded, Sick and Ship-
wrecked Members of Armed Forces at Sea.
Article 10: "The People's Republic of Al-
bania will not recognize a request by a De-
taining Power to a humanitarian organiza-
tion or to a neutral State to take the place
of a Protecting Power, as being in order,
unless the Power of which the protected per-
eons are nationals has given its consent."
[Ante, p. 3326]
(3) Convention relative to the Treatment
of Prisoners of War.
Article 10: "The People's Republic of Al-
bania will not recognize a request by a De-
taining Power to a humanitarian organiza-
tion or to a neutral State to take the place of
a Protecting Power, as being in order, unless
the Power of which the prisoners of war are
nationals has given its consent."
Article 12: "The People's Republic of Al-
bania considers that In the case of prisoners
of war being transferred to another Power by
the Detaining Power, the responsibility for
the application of the Convention to such
prisoners of war will continue to rest with
the Power which captured them."
Article 85: "The People's Republic of Al-
bania considers that persons convicted under
the law of the Detaining Power, in accord-
ance with the principles of the Nuremberg
trial, of war crimes and crimes against hu-
manity, must be treated in the same manner
as persons convicted in the country in ques-
tion. Albania does not, therefore, consider
herself bound by Article 85 so far as the
category of persons mentioned in the present
reservation is concerned."
[TIAS 3365. Post, p. 3516.1
(4) Convention relative to the Protection
of Civilian Persons in Time Of War.
Article 11: "The People's Republic of Al-
bainia will not recognize a request by a
Detaining Power to a humanitarian organiza-
tion or to a neutral State to take the place
of a Protecting Power, as being in order,
unless the Power of which the protected
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
 Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
CONGRESSIONAL RECORD - SENATE July 18, 1966
persons are nationals has given its consent." Convention to prisoners of war who have (1) Convention relative to the Protection
Article 45: "The People's Republic of Al- been convicted under the law of the Detain- of Civilian Persons in Time of War of August
bania considers that in the case of protected tag Power, in accordance with the principles 12th, 1949.
persons being transferred to another Power of the Nuremberg trial, for war crimes and On signing the present Convention, the
by the Detaining Power, the responsibility crimes against humanity, it being under- Government of the Bulgarian People's Re-
for the application of the Convention to such stood that persons convicted of such crimes public makes the following reservations.
protected persons will continue to rest with must be subject to the conditions obtaining which constitute an integral part of the
the Detaining Power." in the country in question for those who Convention:
ARGENTINA undergo their punishment." With regard to Article 11: "The Bulgarian
Mr. SPERONI, First Secretary to the Argen- (4) On signing the Convention relative to People's Republic will not recognize as valid
tine Legation in Berne, made the following the Protection of Civilian Persons in Time of the action of a Detaining Power of civilian
teservatian to the four Geneva Conventions: War, the Government. of the Byelorussian persons in time of war, in approaching a neu-
"Tva An otthe Government has Conventions: Soviet Socialist Republic feels called upon to tral Power or a humanitarian organization
the work of the Conference with interest and make the following declaration: with a view to entrusting it with the pro-
the Argentine Delegation has taken part in it Although the present Convention does tectionof such persons without the consent
with not cover the of vi7lwn nnnnla+s.... i.. +......~...___. _ .. ..
but as our President said at the closing
meeting, we have succeeded.
"Argentina, Gentlemen, has always taken a
leading place among many other nations on
the questions which have formed the sub-
ject of our discussions. I shall, therefore,
sign the four Conventions in the name of
my Government and subject to ratification,
with the reservation that Article 3, common
to all four Conventions, shall be the only
Article, to the exclusion of all others, which
shall be applicable in the case of armed con-
flicts not of an international character. I
shall likewise sign the Convention relative to
the Protection of Civilian Persons with a
reservation in respect of Article 68."
BYELORUSSIAN SOVIET SOCIALIST REPUBLIC
Mr. KouTzsseu ov, Head of the Delegation
of the Byelorussian Soviet Sovialist Republic:
(1) On signing the Convention for the
Amelioration of the Condition of the
Wounded and Sick in Armed Forces in the
Field, the Government of the Byelorussian
Soviet Socialist Republic makes the following
reservation :
Article 10: "The Byelorussian Soviet So-
cialist Republic will not recognize the validity
of requests by the Detaining Power to a
neutral State or to a humanitarian organiza-
tion, to undertake the functions performed
by a Protecting Power, unless the consent of
the Government of the country of which the
protected persons are nationals hail been
obtained."
(2) On signing the Convention for the
Amelioration of the Condition of Wounded,
Sick and Shipwrecked Members of Armed
Forces at Sea, the Government of the Byelo-
russian Soviet Socialist Republic makes the
following reservation:
Article 10: "The Byelorussian Soviet So-
cialist Republic will not recognize the validity
of requests by the Detaining Power to a
neutral State or to a humanitarian organiza-
tion, to undertake the functions performed
by a Protecting Power, unless the consent of
the Government of the country of which the
protected persons are nationals has been
obtained."
(3) On signing the Convention relative to
the Treatment of Prisoners of War, the Gov-
ernment of the Byelorussian Soviet Socialist
Republic makes the following reservations:
Article 10: "The Byelorussian Soviet So-
cialist Republic will not recognize the validity
of requests by the Detaining Power to a
neutral State or to a humanitarian organiza-
tion, to undertake the functions performed
by a Protecting Power, unless the consent of
i:he Government of the country of which the
prisoners of war are nationals has been ob-
tained."
Article 12: "The Byelorussian Soviet So-
cialist Republic does not consider as valid
the freeing of a Detaining Power, which has
transferred prisoners of war to another
Power, from responsibility for the applica-
tion of the Convention to such prisoners of
war while the latter are in the custody of the
Power accepting them."
Article 85: "The Byelorussian Soviet So-
cialist Republic does not consider itself bound
by the obligation, which follows from
Article 85, to extend the application of the
not occupied by the enemy and does not, the latter arefnationals.yne country of which
therefore, completely meet humanitarian :re- With regard to Article 45: "The Bulgarian
quirements, the Byelorussian Delegation, People's Republic will not consider the De-
recognizing that the said Convention makes taming Power of civilian persons in time of
satisfactory provision for the protection of war, which has transferred such persons to
the civilian population in occupied territory another Power which has agreed to accept
and in certain other cases, declares that it them, as being freed from responsibility for
is authorized by the Government of the applying the provisions of the Convention to
Byelorussian Soviet Socialist Republic to such persons during the time that they are
sign the present Convention with the follow- detained by the other Power."
ing reservations: (2) Convention for the Amelioration of
Article 11: "The Byelorussian Soviet Social- the Condition of Wounded, Sick and Ship-
ist Republic will not recognize the validity of wrecked Members of Armed Forces at Sea of
requests by the Detaining Power to a neutral August 12th, 1949.
State or to a humanitarian organization, to On signing the present Convention, the
undertake the functions performed by a Pro- Government of the Bulgarian People's Re-
tecting Power, unless the consent of the public makes the following reservation which
Government of the country of which the pro- constitutes an integral part of the Conven-
tected person are nationals has been ob- tion:
t
ained.
Article 45: "The Byelorussian Soviet So-
cialist Republic will not consider as valid
the freeing of a Detaining Power, which has
transferred protected persons to another
Power, from responsibility for the applica-
tion of the Convention to the persons trans-
ferred, while the latter are in the custody
of the Power accepting them."
BRAZIL
Mr. PINTO DA SILVA, Consul-General of
Brazil at Geneva, made the following reser-
vations to the Geneva Convention relative to
the Protection of Civilian Persons in Time of
War:
"On signing the Convention relative to the
Protection of Civilian Persons in Time of
War, Brazil wishes to make two express reser-
vations-in regard to Article 44, because It
is liable to hamper the action of the Detain-
ing Power, and in regard to Article 46, be-
cause the matter dealt with in its second
paragraph is outside the scope of the Con-
vention, the essential and specific purpose
of which is the protection of persons and not
of their property."
BULGARIAN PEOPLE'S REPUBLIC
Mr. Kosta B. SVETLOV, Bulgarian Minister in
Switzerland, made the following declaration:
"In my capacity as representative of the
Government of the Bulgarian People's Re-
public, I have the pleasant duty of ex.-
pressing here its satisfaction at having been
able to take part in drawing up a humani?-
With regard to Article 10: "The Bulgarian
People's Republic will not recognize as valid
the action of a Detaining Power of wounded,
sick and shipwrecked persons or of medical
personnel of armed forces at sea, in approach-
ing a neutral Power or a humanitarian orga-
nization, with a view to entrusting it with
the protection of such persons without the
consent of the Government of the country
of which the latter are nationals."
(3) Convention relative to the Treatment
of Prisoners of War of August 12th, 1949.
On signing the present Convention, the
Government of the Bulgarian People's Re-
public makes the following reservations,
which constitute an integral part of the Con-
vention:
With regard to Article 10: "The Bulgarian
People's Republic will not recognize as valid
the action of a Detaining Power of prisoners
of war, in approaching a neutral Power or
a humanitarian organization with a view to
entrusting it with the protection of such
persons without the consent of the Govern-
ment of the country of which the latter are
nationals."
With regard to Article 12: "The Bulgarian
People's Republic will not consider the De-
taining Power of prisoners of war, which has
transferred such persons to another Power
which has agreed to accept them, as being
freed from responsibility for applying the
provisions of the Convention to such persons
during the time that they are detained by
the other Power."
With
"
regard to Article 85:
The Bulgarian
tional im o:rtance-a
p group of conventions People's Republic does not consider itself
for the protection of war victims. bound to extend the application of the pro-
"Nevertheless, my wish is that there shall visions derived from Article 85 to prisoners
be no need to apply them; that is to say,' of war convicted, under the law of the De-
that we may exert every effort to prevent 66 taining Power and in accordance with the
new war, so that there may be no victims to principles of the Nuremberg trial, of war
be helped in accordance with the provisions crimes or crimes against humanity which
of a convention, they committed before being taken
"I must, first of all, express my Govern-- because those thus convicted must be subject risoner,
ment's deep regret that the majority of the to the regulations of the country in which
Diplomatic Conference did not accept the they have to serve their sentence."
Soviet Delegation's proposal for the uncon- (4) Convention for the Amelioration of
ditional banning of atomic weapons and the Condition of the Wounded and Sick in
other weapons for the mass extermination Armed Forces in the Field of August 12th,
of the population." 1949.
Therefore, on signing the Conventions, the On signing the present Convention, the
Government of the Bulgarian People's Re- Government of the Bulgarian People's Re-
public makes the following reservations, public makes the following reservation,
which constitute an integral part of the which constitutes an integral part of the
Conventions: Convention.
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
 Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
July 18, 1966
CONGRESSIONAL RECORD- SENATE
With regard to Article 10: "The'Bulgarian
People's Republic will not recognize as valid
the action of a Detaining Power of wounded
and pick persons or of medical personnel in
armed forces in the field, in approaching a
neutral Power or a humanitarian organiza-
tion with a view to entrusting it with the
protection of such persons without the con-
sent of the Government of the country of
which the latter are nationals."
CANADA
Commissioner for Canada in London, made
the following reservation to the Geneva Con-
vention for the Protection of Civilian Per-
sons in Time of War:
"Canada reserves the right to impose the
death penalty in accordance with the provi-
sions of Article 68, paragraph 2, without re-
gard to whether the offences referred to
therein are punishable by death under the
law of the occupied territory at the time the
occupation begins."
SPAIN
Mr. CALDERGN Y MARTIN, Spanish Minister
in Switzerland, made the following reserva-
tion to the Geneva Convention relative to the
Treatment of Prisoners of War, the text of
the reservation being submitted in the Span-
ish, French and English languages:
`.'In matters regarding procedural guar-
antees and penal and disciplinary sanctions,
Spain will grant prisoners of war the same
treatment as is provided by her legislation for
members of her own national forces.
"Under 'International Law in force' (Arti-
cle 99) Spain understands she only accepts
that which arises from contractual sources
or which has been previously elaborated by
organizations in which she participates."
UNITED STATES OF AMERICA
[TIAS 3365. Post, p. 3516.]
Mr. VINCENT, Minister of the United States
of America in Switzerland, on signing the
Geneva Convention relative to the Protec-
tion of Civilian Persons in Time of War of
August 12th, 1949, made the following decla-
ration :
"The Government of the United States
fully supports the objectives of this Con-
vention.
"I am instructed by my Government to
sign, making the following reservation to
Article 68:
"The United States reserves the right to
impose the death penalty in accordance with
the provisions of Article 68, paragraph 2,
without regard to whether the offences re-
ferred to therein are punishable by death
under the law of the occupied territory at
the time the occupation begins."
HUNGARIAN PEOPLE'S REPUBLIC
Mrs. KARA made the following reservations:
"At the meeting of the Diplomatic Con-
ference on August 11th, 1949, the Delegation
of the Hungarian People's Republic reserved
the right to make express reservations on
signing the Conventions, after having exam-
ined them. In their speech at the above
meeting the Hungarian Delegation observed
that they were not in agreement with all the
provisions of the Conventions. After a
thorough study of the text of the Conven-
tions, the Government of the Hungarian
People'ss Republic decided to sign the Con-
ventions in spite of their obvious defects, as
it considered that the Conventions. consti-
tuted an advance in comparison with the
existing situation from the point of view of
the practical application of humanitarian
principles and the protection of war victims.
"The Government of the Hungarian Peo-
ple's Republic is obliged to state that the
concrete results achieved by the Diplomatic
Conference which ended on August the 12th
do not come up, to expectations, since the
majority of the members of the Conference
did not adopt the proposals of'the Soviet
Delegation concerning the atomic weapon
and other means of mass extermination of
the population.
"The Delegation of the Hungarian Peo-
ple's Republic noted with regret the point of
view of the majority of the Conference,
which was contrary to the wishes of the na-
tions engaged in the struggle for peace and
liberty. The Delegation of the Hungarian
People's Republic is convinced that the adop-
tion of the Soviet proposals would have been
the most effective means of protecting war
victims. The Delegation of the Hungarian
People's Republic wishes, in particular, to
point out the essential defects of the Con-
vention relative to the Protection of Civilian
Persons in Time of War; they drew the at-
tention of the States taking part in the Con-
ference to those defects during the meetings.
A particular case in point is that of Article
4 of the Convention; by virtue of that Article
the provisions of the Civilians Convention do
not apply to certain persons, because the
States whose nationals they are, have not
adhered to the Convention. The Govern-
ment of the Hungarian People's Republic
considers that the above provision is con-
trary to the humanitarian principles which
the Convention is intended to uphold.
"The Hungarian People's Government has
also serious objections to Article 5 of the said
Convention; according to the terms of that
Article, if protected persons are definitely
suspected of activities hostile to the security
of the State, that is enough to deprive them
of protection under the Convention. The
Government of the Hungarian People's Re-
public considers that that provision has al-
ready made any hope of realizing the funda-
mental principles of the Convention Illusory.
"The express reservations made by the Gov-
ernment of the Hungarian People's Republic
on signing the Conventions, are as follows:
(1) "In the opinion of the Government of
the Hungarian People's Republic, the pro-
visions of Article 10 of the Wounded and
Sick, Maritime Warfare and Prisoners of War
Conventions and of Article 11 of the Civilians
Convention, concerning the replacement of
the Protecting Power, can only be applied if
the Government of the State of which the
protected persons are nationals, no longer
exists.
(2) The Government of the Hungarian
People's Republic cannot approve the pro-
visions of Article 11 of the Wounded and
Sick, Maritime Warfare and Prisoners of War
Conventions and of Article 12 of the Civilians
Convention, according to which the compe-
tence of the Protecting Power extends to the
interpretation of the Convention.
(3) "In regard to Article 12 of the Conven-
tion relative to the Treatment of Prisoners of
War, the Government of the Hungarian
People's Republic maintains its point of view
that in the case of the transfer of prisoners
of war from one Power to another, the re-
sponsibility for the application of the pro-
visions of the Conventions must rest with
both of those Powers.
(4) "The Delegation of the Hungarian
People's Republic repeats the objection which
it made, in the course of the meetings at
which Article 85 of the Prisoners of War Con-
vention~ was discussed, to the effect that
prisoners of war convicted of war crimes and
crimes against humanity in accordance with
the principles of Nuremberg, must be sub-
ject to the same treatment as criminals con-
victed of other crimes.
(5) "Lastly, the Government of the Hun-
garian People's Republic maintains the point
of view which it expressed in regard to Ar-
ticle 45 of the Civilians Convention, namely
that, in the case of the transfer of protected
persons from one power to another, the re-
sponsibility for the application of the Con-
vention must rest with both of those
Powers."
15329
ISRAEL
Mr. KAHANY, Delegate of Israel to the
European Office of the United Nations and
to the International Committee of the Red
Cross, made the following declaration:
"In accordance with instructions received
from mj Government, I shall sign the Ge-
neva Convention relative to the Treatment
of Prisoners of War without any reserva-
tion. But in the case of each of the other
three Conventions, our signature will be
given with reservations the purport of which
is as follows:
(1) Geneva Convention for the Ameliora-
tion of the Condition of the Wounded and
Sick in Armed Forces in the Field.
"Subject to the reservation that, while re-
specting the inviolability of the distinctive
signs and emblems of the Convention, Israel
will use the Red Shield of David as the em-
blem and distinctive sign of the medical
services of her armed forces."
(2) Geneva Convention for the Ameliora-
tion of the Condition of Wounded, Sick and
Shipwrecked Members of Armed Forces at
Sea.
"Subject to the reservation that, while re-
specting the inviolability of the distinctive
signs and emblems of the Convention, Israel
will use the Red Shield of David on the flags,
armlets and on all equipment (including
hospital ships), employed in the medical
service."
(3) Geneva Convention relative to the
Protection of Civilian Persons in Time of
War.
"Subject to the reservations that, while re-
specting the inviolability of the distinctive
signs and emblems provided for in Article 38
of the Geneva Convention for the Ameliora-
tion of the Condition of the Wounded and
Sick in Armed Forces in the Field of August
12, 1949, Israel will use the Red Shield of
David as the emblem and distinctive sign
provided for in this Convention."
ITALY
Mr. AURITI, Ambassador, made the follow-
ing declaration concerning the Convention
relative to the Treatment of Prisoners of War
and Resolutions 6, 7 and 9 of the Diplomatic
Conference of Geneva:
(1) Geneva Convention relative to the
Treatment of Prisoners of War.
"The Italian Government declares that it
makes a reservation in respect of the last
paragraph of Article 66 of the Convention
relative to the Treatment of Prisoners of
War."
(2) Resolution 6 of the Diplomatic Con-
ference of Geneva.
"Whereas the Conference has recom-
mended 'that the High Contracting Parties
will, in the near future, instruct a Commit-
tee of Experts to examine technical improve-
ments of modern means of communication
between hospital ships, on the one hand, and
warships and military aircraft, on the other
the Italian Government expresses the hope
that the said Committee of Experts may be
convoked, if possible during the coming
months, in order that they may draw up an
international code of rules for the use of the
above means of communication.
"The Italian Armed Forces are at present
engaged in making a thorough study of the
above subject and will, if necessary, be ready
to submit concrete proposals of a technical
nature as a basis for discussion."
(3) Resolution 7 of the Diplomatic Con-
ference of Geneva.
"The Italian Government is prepared to
arrange that, whenever conveniently prac-
ticable, hospital ships shall frequently and
regularly broadcast particulars of their posi-
tion, route and speed."
(4) Resolution 9 of the Diplomatic Con-
ference of Geneva.
"In regard to the second paragraph of
Resolution 9, the Italian Government con-
Approved For Release 2005/06/29: CIA-RDP67B00446R000400090010-8
 15330
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
CONGRESSIONAL RECORD - SENATE
ciders that the departments dealing with
telecommunications in the countries of the
High Contracting Parties must collaborate
I. drawing up some method of grouping tele-
grams of prisoners of war, so as to facilitate
the transmission of numbered messages and
thus avoid errors and the duplication of in-
ternational transmissions and the conse-
quent Increase in their cost."
LUXEMBURG
Mr. STURM, Charge d'Affaires of Luxemburg
in Switzerland, made the following reserva-
tion:
"The undersigned Delegate of the Grand
Duchy of Luxemburg, duly empowered by its
Government, has this eighth day of Decem-
ber, 1949, signed the Convention established
by the Diplomatic Conference of Geneva rel-
ative to the Treatment of Prisoners of War,
with the reservation:
"that its existing national law shall con-
tinue to be applied to 'oases now under
consideration."
NEW ZEALAND
Mr. GEORGE ROBERT LAKING, Counsellor to
the New Zealand Embassy in Washington,
made the following declaration:
"in signing the four Conventions estab-
lished by the Diplomatic Conference at Ge-
neva 1949, the New Zealand Government de-
sire me to state that as there has been
insufficient opportunity to study the reser-
vations made on behalf of other States, the
Goverment for the present reserve their views
in regard to such reservations.
"In signing the Convention relating to the
protection of civilian persons in time of war,
the New Zealand Government desire me to
make the following reservations:
(1) "New Zealand reserves the right to Im-
pose the death penalty in accordance with
the provisions of Article 68, paragraph 2,
without regard to whether the offences re-
ferred to therein are punishable by death
under the law of the occupied territory at
the time the occupation begins;
(2) "In view of the fact that the General
Assembly of the United Nations, having ap-
proved the principles established by the
Charter and judgment of the Nuremberg
Tribunal, has directed the International Law
Commission to include these principles in a
General codification of offences against the
peace and security of mankind, New Zealand
reserves the right to take such action as may
be necessary to ensure that such offences are
punished, notwithstanding the provisions of
Article 70, paragraph I."
NETHERLANDS
Mr. BOSCH, Chevalier VAN ROSENTHAL, Min-
ister of the Netherlands in Switzerland, made
the following declaration:
"My Government has instructed me to sign
the four Conventions established at the Di-
plomatic Conference held at Geneva from
April 21 to August 12, 1949, but my Govern-
ment wishes to make the following reserva-
tion regarding the Convention relative to the
Protection of Civilian Persons in Time of
War, which reservation reads as follows:
"The 1 ingdom of the Netherlands reserves
the right to impose the death penalty in ac-
cordance with the provisions of Article 68,
paragraph 2, without regard to whether the
offenses referred to therein are punishable by
death under the law of the occupied terri-
tory at the time the occupation begins."
POLAND
Mr. PRZYBOS, Polish Minister in Switzer-
land, made the following reservations con-
cerning the four Geneva Conventions:
(1) "On signing the Geneva Convention
for the Amelioration of the Condition of the
Wounded and Sick in Armed Forces in the
Field, I declare that the Government of the
Polish Republic adheres to the said Conven-
tion, with a reservation in respect of Article
10.
"The Government of the Polish Republic
will not consider as legal a request by the
Approved
Detaining Power that a neutral State or an
international organization or a humanitarian
organization should undertake the functions
performed under the present Convention by
the Protecting Powers, on behalf of the
wounded and sick, or medical personnel and
chaplains, unless the Government whose na-
tionals they are has given its consent."
(2) "On signing the Geneva Convention
for the Amelioration of the Condition of
Wounded, Sick and Shipwrecked Members of
Armed Forces at Sea, I declare that the Gov-
ernment of the Polish Republic adheres to
the said Convention, with a reservation in
respect of Article 10.
"The Government of the Polish Republic
will not consider as legal a request by the
Detaining Power that a neutral State or an
international organization or a humanita-
rian organization should undertake the func-
tions performed under the present Conven-
tion by the Protecting Powers, on behalf of
the wounded, sick and shipwrecked, or medi-
cal personnel and chaplains, unless the Gov-
ernment whose nationals they are has given
its consent.
(3) "On signing the Geneva Convention
relative to the Treatment of Prisoners of War,
I declare that the Government of the Polish
Republic adheres to the said Convention,
with reservations in respect of Articles 10, 12,
and 85.
"In regard to Article 10, the Government of
the Polish Republic will not consider as legal
a request by the Detaining Power that a neu-
tral State or an international organization or
a humanitarian organization should under-
take the functions performed under the pres-
ent Convention by the Protecting Powers, on
behalf of prisoners of war, unless the Govern-
ment whose nationals they are has given its
consent."
"In regard to Article 12, the Government of
the Polish Republic will not consider it legal
for a Power, which effects a transfer of pris-
oners of war, to be freed from its responsibil-
ity for applying the Convention, even for the
time during which such prisoners of war are
in the custody of the Power accepting them."
"In regard to Article 85, the Government of
the Polish Republic will not consider it legal
for prisoners of war convicted of war crimes
and crimes against humanity in accordance
with the principles set forth at the time of
the Nuremburg trials, to continue to enjoy
protection der the present Convention, it
being understood that prisoners of war con-
victed of such crimes must be subject to the
regulations for the execution of punish-
ments, in force in the State concerned."
(4) "On signing the Geneva Convention
relative to the Protection of Civilian Persons
in Time of War, I declare that the Govern-
merit of the Polish Republic adheres to the
said Convention, with reservations in respect
of Articles 11 and 45.
"In regard to Article It, the Government
of the Polish Republic will not consider as
legal a request by the Detaining Power that
a neutral State or an international organiza-
tion or a humanitarian organization should
undertake the functions pegrmed under
the present Convention by the Protecting
Powers, on behalf of protected persons, un-
less the Government whose nationals they
are has given its consent.
"In regard to Article 45, the Government
of the Polish Republic will not consider It
legal for a Power, which effects a transfer
of protected persons, to be freed from its re-
sponsibility for applying the Convention,
even for the time during which such pro-
tected persons are in the custody of the
Power accepting them."
PORTUGAL
Mr. GONCALO CALD$IRA COELIIO,. Charge
d'Affaires of Portugal In Switzerland, made
the following declaration:
(a) Article 3, common to the four
Conventions:
"As there is no actual definition of what
July 18, 1966
is meant by a conflict not of an international
character and as, in case this term Is in-
tended to refer solely to civil war, it is not
clearly laid down at what moment an armed
rebellion within a country should be consid-
ered as having become a civil war, Portugal
reserves the right not to apply the provisions
of Article 3, in so far as they may be con-
trary to the provisions of Portuguese law, in
all territories subject to her sovereignty in
any part of the world."
(b) Article 10 of Conventions I, II and III
and Article 11 of Convention IV:
"The Portuguese Government only accepts
the abo,/e Articles with the reservation that
requests by the Detaining Power to a neutral
State or to a humanitarian, organization to
undertake the functions normally performed
by Protecting Powers are made with the con-
sent or agreement of the government of the
country of which the persons to be protected
are nationals (Countries of origin)."
(c) Article 13 of Convention I and Article
4 of Convention III:
"The Portuguese Government makes a
reservation regarding the application of the
above Articles in all cases in which the legiti-
mate Government has already asked for and
agreed to an armistice or the suspension of
military operations of no matter what char-
acter, even if the armed forces in the field
have not yet capitulated."
(d) Article 60 of Convention III:
"The Portuguese Government accepts this
Article with the reservation that it in no
case binds itself to grant prisoners a monthly
rate of pay in excess of 50% of the pay due
to Portuguese soldiers of equivalent appoint-
ment or rank, on active service In the combat
zone."
RUMANIAN PEOPLE'S REPUBLIC
Mr. Ioan DRAGOMIR, Charge d'Affaires of
Rumania in Switzerland, made the follow-
ing declaration:
(1) "On signing the Convention for the
Amelioration of the Condition of the
Wounded and Sick in Armed Forces in the
Field, the Government of the Rumanian
People's Republic makes the following reser-
vation:
Article 10: "The Rumanian People's Re-
public will not recognize the validity of re-
quests by the Detaining Power to a neutral
State or to a humanitarian organization, to
undertake the functions performed by a
Protecting Power, unless the consent of the
Government of the country of which the
protecting persons are nationals has been
obtained.
(2) "On signing the Convention for the
Amelioration of the Condition of Wounded,
Sick and Shipwrecked Members of Armed
Forces at Sea, the Government of the
Rumanian People's Republic makes the fol-
lowing reservation:
Article 10: "The Rumanian People's Re-
public will not recognize the validity of re-
quests by the Detaining Power to a neutral
State or to a humanitarian organization, to
undertake the functions performed by a Pro-
tecting Power, unless the consent of the Gov-
ernment of the country of which the pro-
tected persons are nationals has been ob-
tained.
(3) "On signing the Convention relative to
the Treatment of Prisoners of War, the Gov-
ernment of the Rumanian People's Republic
makes the following reservation:
Article 10: "The Rumanian People's Re-
public will not recognize the validity of re-
quests by the Detaining Power to a neutral
State or to a humanitarian organization, to
undertake the functions performed by a Pro-
tecting Power, unless the consent of the Gov-
ernment of the country of which the pri-
soners of war are nationals has been ob-
t ,ined.
Article 12: "The Rumanian People's Re-
public does not consider as valid the free-
ing of a Detaining Power, which has trans-
ferred prisoners of war to another Power,
 Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
July 18, 1966 CONGRESSIONAL RECORD - SENATE
from responsibility for the application of the
Convention to such prisoners of war while
the latter are under the protection of the
Power accepting them.
Article 85: "The Rumanian People's Re-
public does not consider itself bound by the
obligation, which follows from Article 85, to
extend the application of the Convention to
prisoners of war who have been convicted
under the law of the Detaining Power, in
accordance with the principles of the Nu-
remberg trial, for war crimes and crimes
against humanity, it being understood that
persons convicted of such crimes must be
subject to the conditions obtaining in the
country in question for those who undergo
their punishment.
(4) "I am authorized to make the follow-
ing declaration on signing the Convention
relative to the Protection of Civilian Persons
in Time of War:
"The Government of the Rumanian Peo-
ple's Republic considers that this Convention
does not completely meet humanitarian re-
quirements, owing to the fact that it does
not apply to the civilian population in terri-
tory not occupied by the enemy.
"Nevertheless, taking into consideration
the fact that the Convention is intended to
protect the interests of the civilian popula-
tion in occupied territory, I am authorized
by the Rumanian People's Government to
sign the said Convention with the following
reservations :
Article 11: "The Rumanian People's Re-
public will not recognize the validity of re-
quests by the Detaining Power to a neutral
State or to a humanitarian organization, to
undertake the functions performed by a Pro-
tec~ing Power, unless the consent of ' the
Government of the country of which the
protected persons are nationals has been ob-
tained.
Article 45: "The Rumanian People's Re-
public will not consider as valid the freeing
of a Detaining Power, which has transferred
protected persons to another Power, from
responsibility for the application of the Con-
vention to the persons transferred, while the
latter are under the protection of the Power
accepting them."
UNITED KINGDOM OF GREAT BRITAIN AND
NORTHERN IRELAND
The Rt. Hon. Sir Robert CRAIGIE, Foreign
Office, made the following declaration:
"In signing the Convention relative to the
Protection of Civilian Persons In Time of
War, His Majesty's Government in the Unit-
ed Kingdom desire me to make the following
reservation:
"The United Kingdom of Great Britain
and Northern Ireland reserve the right to
Impose the death penalty in accordance with
the provisions of Article 68, paragraph 2,
without regard to whether the offences re-
ferred to therein are punishable by death
under the law of the occupied territory at
the time the occupation begins."
CZECHOSLOVAKIA
Mr. TAUBER, Minister of Czechoslovakia
in Switzerland, made the following reserva-
tions :
(1) "On proceeding to sign the Geneva
Convention for the Amelioration of the Con-
dition of the Wounded and Sick in Armed
Forces in the Field, I declare that the Gov-
ernment of the Czechoslovakian Republic
adheres to the said Convention, with a re-
servation in respect to Article 10.
"The Government of the Czechoslovakian
Republic will not consider as legal a request
by the Detaining Power that a neutral State
or an international organization or a human-
itarian organization should undertake the
functions performed under the present Con-
vention by the Protecting Powers, on behalf
of the wounded and sick, or medical per-
sonnel and chaplains, unless the Government
whose nationals they are has given its con-
sent.
(2) "On proceeding to sign the Geneva
Convention for the Amelioration of the Con-
dition of Wounded, Sick and Shipwrecked
Members of Armed Forces at Sea, I declare
that the Government of the Czechoslovakian
Republic adheres to the said Convention,
with a reservation in respect of Article 10.
"The Government of the Czechoslovakian
Republic will not consider as legal a request
by the Detaining Power that a neutral State
or an international organization or a hu-
manitarian organization should undertake
the functions performed under the present
Convention by the Protecting Powers, on be-
half of the wounded, sick and shipwrecked,
or medical personnel and chaplains, unless
the Government whose nationals they are
has given its consent.
(3) "On proceeding to sign the Geneva
Convention relative to, the Treatment of Pris-
oners of War, I declare that the Government
of the Czechoslovakian Republic adheres to
the said Convention, with reservations in
respect of Articles 10, 12 and 85.
"In regard to Article 10, the Government
of the Czechoslovakian Republic will not
consider as legal a request by the Detaining
Power that a neutral State or an interna-
tional organization or a humanitarian or-
ganization should undertake the functions
performed under the present Convention by
the Protecting Powers, on behalf of prisoners
of war, unless the Government whose na-
tionals they are has given its consent.
"In regard to Article 12, the Government
of the Czechoslovakian Republic will not
consider it legal for a Power, which effects a
transfer of prisoners of war, to be freed from
its responsibility for applying the Conven-
tion, even for the time during which such
prisoners of war are in the custody of the
Power accepting them.
"In regard to Article 85, the Government
of the Czechoslovakian Republic will not con-
sider it legal for prisoners of war convicted
of war crimes and crimes against humanity
In accordance with the principles set forth
at the time of the Nuremberg trials, to con-
tinue to enjoy protection under the present
Convention, it being understood that pris-
oners of war convicted of such crimes must
be subject to the regulations for the execu-
tion of punishments, in force in the State
concerned.
(4) "On proceeding to sign the Geneva
Convention relative to the Protection of
Civilian Persons in Time of War, I declare
that the Government of the Czechoslovakian
Republic adheres to the said Convention,
with reservations In respect of Article 11
and 45.
"In regard to Article 11, the Government of
the Czechoslovakian Republic will not con-
sider as legal a request by the Detaining
Power that a neutral State or an Interna-
tional organization or humanitarian orga-
nization should undertake the functions per-
formed under the present Convention by
the Protecting Powers, on behalf of protected
persons, unless the Government whose na-
tionals they are has given its consent.
"In regard to Article 45, the Government
of the Czechoslovakian Republic will not con-
sider it legal for a Power, which effects a
transfer of protected persons, to be freed
from its responsibility for applying the Con-
vention, even for the time during which such
protected persons are in the custody of the
Power accepting them."
UKRAINIANSOVIET SOCIALIST REPUBLIC
Mr. BOGOMOLETZ, Head of the Delegation of
the Ukrainian Soviet Socialist Republic:
(1) "On signing the Convention for the
Amelioration of the Condition of the Wound-
ed and Sick in Armed Forces in the Field,
the Government of the Ukrainian Soviet So-
cialist Republic makes the following reserva-
tions :
Article 10: "The Ukrainian Soviet Socialist
Republic will not recognize the validity of
requests by the Detaining Power to a neutral
State or to a humanitarian organization, to
undertake the functions performed by a Pro-
tecting Power, unless the consent of the Gov-
ernment of the country of which the pro-
tected persons are nationals has been ob-
tained.
(2) "On signing the Convention for the
Amelioration of the Condition of Wounded,
Sick and Shipwrecked Members of Armed
Forces at Sea, the Government of the
Ukrainian Soviet Socialist Republic makes
the following reservation:
Article 10: "The Ukrainian Soviet Socialist
Republic will not recognize the validity of
requests by the Detaining Power to a neutral
State or to a humanitarian organization, to
undertake the functions performed by a Pro-
tecting Power, unless the consent of the Gov-
ernment of the country of which the pro-
tected persons are nationals has been ob-
tained.
(3) "On signing the Convention relative
to the Treatment of Prisoners of War, the
Government of the Ukrainian Soviet Social-
ist Republic makes the following reserva-
tions:
Article 10: "The Ukrainian Soviet Social-
ist Republic will not recognize the validity
of requests by the Detaining Power to a
neutral State or to a humanitarian organiza.
tion, to undertake the functions performed
by a Protecting Power, unless the consent of
the Government of the country of which the
prisoners of war are nationals has been ob-
tained.
Article 12: "The Ukrainian Soviet Socialist
Republic does not consider as valid the free-
Ing of a Detaining Power, which has trans-
ferred prisoners of war to another Power,
from responsibility for the application of the
Convention to such prisoners of war while
the latter are in the custody of the Power
accepting them.
Article 85: "The Ukrainian Soviet Socialist
Republic does not consider itself bound by
the obligation, which follows from Article
85, to extend the application of the Conven-
tion to prisoners of war who have been con-
victed under the law of the Detaining Power,
in accordance with the principles of the
Nuremberg trial, for war crimes and crimes
against humanity, it being understood that
persons convicted of such crimes must be
subject to the conditions obtaining in the
country in question for those who undergo
their punishment.
(4) "On signing the Convention relative to
the Protection of Civilian Persons in Time
of War, the Government of the - Ukrainian
Soviet Socialist Republic feels called upon
to make the following declaration:
"Although the present Convention does
not cover the civilian population in territory
not occupied by the enemy and does not,
therefore, completely meet humanitarian re-
quirements, the Ukrainian Delegation, rec-
ognizing that the said Convention makes sat-
isfactory provision for the protection of the
civilian population in occupied territory and
in certain other eases, declares that it is au-
thorized by the Government of the Ukrainian
Soviet Socialist Republic to sign the present
Convention with the following reservations:
Article 11: "The Ukrainian Soviet Socialist
Republic will not recognize the validity of
requests by the Detaining Power to a neutral
State or to a humanitarian organization, to
undertake the functions performed by a
Protecting Power, unless the consent of the
Government of the country of which the
protected persons are nationals has been
obtained.
Article 45: "The Ukrainian Soviet Socialist
Republic will not consider as valid the free-
ing of a Detaining Power, which has trans-
ferred protected persons to another Power,
from responsibility for the application of
the Convention to the persons transferred,
while the latter are In the custody of the
Power accepting them."
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
 15332
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
CONGRESSIONAL RECORD - SENATE July 18, 1966
'ANION OF SOVIET SOCIALIST REPUBLICS
General SLAVIN, Head of the Delegation of
the Union of Soviet Socialist Republics:
(1) "On signing the Convention for the
Amelioration of the Condition of the
Wounded and Sick in Armed Forces in the
Field, the Government of the Union of Soviet
Socialist Republics makes the following
reservation:
Article 10: "The Union of Soviet Socialist
Republics will not recognize the validity of
requests by the Detaining Power to a neutral
State or to a humanitarian organization, to
undertake the functions performed by a
Protecting Power, unless the consent of the
Government of the country of which the
protected persons are nationals has been
obtained.
(2) "On signing the Convention for the
Amelioration of the Condition of Wounded,
Sick and Shipwrecked Members of Armed
Forces at Sea, the Government of the Union
of Soviet Socialist Republics makes the fol-
lowing reservation:
Article 10: "The Union of Soviet Socialist
Republics will not recognize the validity of
requests by the Detaining Power to a neutral
State or to a humanitarian organization, to
undertake the functions performed by a
Protecting Power, unless the consent of the
Government of the country of which the
protected persons are nationals has been ob-
tained.
(3) "On signing the Convention relative to
the Treatment of Prisoners of War, the Gov-
ernment of the Union of Soviet Socialist Re-
publics makes the following reservations:
Article 10: "The Union of Soviet Socialist
Republics will not recognize the validity of
requests by the Detaining Power to a neutral
State or to a humanitarian organization, to
undertake the functions performed by a
Protecting Power, unless the consent of the
Government of the country of which the
prisoners of war are nationals has been ob-
tained.
Article, 12: "The Union of Soviet Socialist
Republics does not consider as valid the
freeing of a Detaining Power, which has
transferred prisoners of war to another Pow-
er, from responsibility for the application
of the Convention to such prisoners of war
while the latter are In the custody of the
Power accepting them.
Article 85: "The Union of Soviet Socialist
Republics does not consider itself bound by
the obligation, which follows from Article 85,
to extend the application of the Convention
to prisoners of war who have been convicted
under the law of the Detaining Power, in
accordance with the principles of the Nurem-
ber trial, for war crimes and crimes against
humanity, it being understood that persons
convicted of such crimes must be subject
to the conditions obtaining in the country
in question for those who undergo their
punishment.
(4) "On, signing the Convention relative
to the Protection of Civilian Persons in Time
of War, the Government of the Union of So=
viet Socialist Republics feels called upon to
make the following declaration:
"Although the present Convention does
not cover the civilian, population in terri-
tory not occupied by the enemy and does
not, therefore, completely meet humani-
tarian requirements, the Soviet Delegation,
recognizing that the said Convention makes
satisfactory provision for the protection of
the civilian population in occupied territory
and in certain other cases, declares that it
is authorized by the Government of the Un-
Protecting Power, unless the consent of the
Government of the country of which the pro-
tected persons are nationals has been
obtained.
Article 45: "The Union of the Soviet So-
cialist Republics will not consider as valid
the freeing of a Detaining Power, which has
transferred protected persons to another
Power, from responsibility for the applica-
tion of the Convention to the persons trans-
ferred, while the latter are in the custody of
the Power accepting them."
FEDERAL PEOPLES REPUBLIC OF YUGOSLAVIA
Mr. MILAN RISTI', Yugoslav Minister in.
Switzerland, made the following declaration:
(1) "On signing the Geneva Convention
for the Amelioration of the Condition of the
Wounded and Sick in Armed Forces in the
Field, I declare that the Government of the
Federal People's Republic of Yugoslavia
adheres to the said Convention, with a reser-
vation in respect of Article 10.
"The Government of the Federal People's
Republic of Yugoslavia will not consider as
legal a request by the Detaining Power that
a neutral State or an international organiza-
tion or a humanitarian organization should
undertake the functions performed under
the present Convention by the Protecting
Powers, on behalf of the wounded and sick,
or medical personnel and. chaplains, unless
the Government whose nationals they are
has given its consent.
(2) "On signing the Geneva Convention
for the Amelioration of the Condition of
Wounded, Sick and Shipwrecked Members of
Armed Forces at Sea, I declare that the Gov-
ernment of the Federal People's Republic of
Yugoslavia adheres to the said Convention.,
with a reservation in respect of Article 10.
"The Government of the Federal People's
Republic of Yugoslavia will not consider as
legal a request by the Detaining Power that
a neutral State or an international organiza-
tion or a humanitarian organization should
undertake the functions performed under
the present Convention by the Protecting
Powers, on behalf of the wounded, sick and
shipwrecked, or medical personnel and chap-
lains, unless the Government whose na-
tionals they are has given its consent.
(3) "On signing the Geneva Convention
relative to the Treatment of Prisoners of
War, I declare that the Government of the
Federal People's Republic of Yugoslavia ad-
heres to the said Convention, with reserva-
tions in respect of Articles 10 and 12.
"In regard to Article 10, the Government
of the Federal People's Republic: of Yugo-
slavia will not consider as legal a request by
the Detaining Power that a neutral State or
an international organization or a humani-
tsxian organization should undertake the
functions performed under the present Con-
vention by the Protecting Powers, on behalf
of prisoners of war, unless the Government
whose nationals they are has given its
consent.
"In regard to Article 12, the Government
of the Federal People's Republic of Yugo-
slavia will not consider that the Power which
has effected the transfer of prisoners of war,
is freed from its responsibility for the appli-
cation of the Convention for the whole of the
time during which such prisoners of war are
in the custody of the Power accepting them.
(4) "On signing the Geneva Convention
relative to the Protection of Civilian Persons
in Time of War, I declare that the Govern-
ment of thet Federal People's Republic of
Yugoslavia adheres to the said Convention,
with reservations in respect to Articles 11
ion of Soviet Socialist Republics to sign the and 45.
present Convention with the following of "In Iregard to Articles 11,e the Government
reservations:
Article 11: The Union of Soviet Socialist slavia will not consider as legal a request by
Republics will not recognize the validity of the Detaining Power that a neutral State or
requests by the Detaining Powers to a neutral an international organization or a humani.-
State or to a humanitarian organization, to tartan organization should undertake the
undertake the functions performed by a functions performed under the present Con-
vention by the Protecting Powers, on behalf
of protected persons, unless the Government
whose nationals they are has given its
consent.
"In regard to Article 45, the Government
of the Federal People's pepublic of Yugo-
slavia will not consider it legal for a Power.
which effects a transfer of protected persons
to another Power, to be freed from Its re-
sponsibility for applying the Convention for
the whole of the time during which such
protected persons are in the custody of the
Power accepting them."
Mr. MORSE. There are certain items
of the convention upon which I wish to
comment specifically. I turn to article 4,
which provides:
Prisoners of war, in the sense of the present
Convention, are persons belonging to one of
the following categories, who have fallen into
the power of the enemy:
it then lists the categories, including
military personnel.
There is no question, Mr. President,
that these American soldiers fall within
the terms of the definitive language of
article IV.
Part B of the article continues:
The following shall likewise be treated as
prisoners of war under the present Conven-
tion:
That section then lists:
Persons belonging, or having belonged, to
the armed forces of the occupied country, if
the occupying Power considers it necessary
by reason of such allegiance to intern them,
It covers also another group of na-
tionals which may fall within the juris-
diction of a country as a result of their
being captured.
Mr. President, article 12 deals with the
general protection of prisoners of war:
Prisoners of war are in the hands of the
enemy Power, but not of the individuals or
military units who have captured them.
Irrespective of the individual responsibilities
that may exist, the Detaining Power is re-
sponsible for the treatment given them.
Prisoners of war may only be transferred
by the Detaining Power to a Power which is
a party to the Convention and after the
Detaining Power has satisfied itself of the
willingness and ability of such transferee
Power to apply the Convention. When
prisoners of war are transferred under such
circumstances, responsibilty for the applica-
tion of the Convention rests on the Power
accepting them while they are in its custody.
Nevertheless, if that Power falls to carry
out the provisions of the Convention in any
important respect, the Power by whom the
prisoners of war were transferred shall, upon
being notified by the Protecting Power, take
effective measures to correct the situation or
shall request the return of the prisoners of
war. Such requests must be complied with,
I have been informed that our gen-
eral policy in South Vietnam is to turn
the prisoners whom we capture over to
the South Vietnamese. Charges are
made by some that the South Vietnamese
are in violation of the Geneva Conven-
tion for the treatment of war prisoners.
Mr. President, I here now call upon
our administration to look into the mat-
ter of the handling of prisoners captured
by U.S. military forces in South Vietnam,
and to advise Congress as to whether or
not they are turned over to the South
Vietnamese forces, and also to advise as
to whether there is any basis for the
allegation that the South Vietnamese
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
 Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
July 18, 1966 CONGRESSIONAL RECORD - SENATE 15333
Government likewise does not follow the all times it can assure the world that the restrict the exercise, either within or without
Geneva Convention for the handling of Vietcong and the North Vietnamese pris- its own territory, of the rights such capacity
confers except in so far as the captivity re-
North prisoners, as the allegation is that oners are being treated in accordance quires.
North Vietnam does not or is contemplat- with the requirements of the Geneva
ing not doing. Convention for the handling of war pris- Mr. President, article 17 contains a
My point, Mr. President, is that all oners. It is particularly important that section reading:
countries involved in the South Viet- the senior Senator from Oregon and the No physical or mental torture, nor any
namese war should be bound by the other liberals in the Senate who signed other form coercion, m be tnem inflicted on
Geneva Convention for the handling of the statement of last Friday make per- prisoners of of any war to kind whatever. Prisnfor-
war prisoners. I am satisfied that as far fectly clear that our Government owes mation bs
as my Government is concerned, in the it to the American people to keep itself oo f war r h, who i reefufuse ed, to or answer newer mtaay uno not ea be
ant or disadvantageous treatment of any
handling of any war prisoners over whom in a completely defensible position on exposed -
we retain jurisdiction, the world need the handling of war prisoners, so that kind.
have no doubt that our Government if we are deluged with a lot of Com- Prisoners of war who, owing to their phys-
complies with its signature on the munist propaganda emanating out of ical or mental condition, are unable to state
Geneva War Prisoner Convention. North Vietnam, Red China, Russia, or their identity, shall be handed of such phe
But, Mr. President, I think we need to any other Communist area of the world, oners shall service. established Identity by all possris-
be ready to meet with evidence any alle- we shall have the facts with which to means, subject to the provisions of the pre-
gation that may be made that the South answer the propaganda. ceding paragraph.
Vietnamese are in violation of the Mr. President, North Vietnam cannot The questioning of prisoners of war shall
Geneva Convention for the handling of justify violating the Geneva Convention be carried out in a language which they un.
war prisoners, and if there is any -evi- provisions for the handling of prisoners derstand.
dence that bears out such allegation, and of war on the basis of any allegation that President, article 22 provides:
if it is our policy to turn North Viet- their prisoners are being mishandled by Mr. Mr. . President, dent, may be interned only in
namese and Vietcong prisoners that we the South Vietnamese as far as living up remsises on r located war land and trdin lye In
g
capture over to the South Vietnamese for to the requirements of the treaty are con- guarantee of hygiene and healthfulness. Ex-
handling, then we ought to stop that cerned. cept in particular cases which are justified
policy, unless we can give -the world as- Mr. President, and I do not want this by the interest of the prisoners themselves,
surance that the Geneva Conventions, point missed-even if some instances they shall not be interned in penitentiaries.
are- being complied with. Because ar- could be shown in which the South Viet- Prisoners of war interned in unhealthy
title 12, as I read the convention, does namese have not followed the Geneva them, shall or where the climate
atesiis soon jjuri for e not prevent us from turning the prison- Convention in the handling of any pris- to a more b favourable edmsts.
ers over to others to take care of; but it oners that have been turned over to it
does make perfectly clear that we have by the United States, if any have been The oners D D war inetaining camps Power or ca shall mp assemble pcompopriris-
-
an obligation to make certain that the turned over to it by the United States, according to their nationality, language and
treaty convention is complied with, if we that would not justify the-North Viet- customs, provided that such prisoners shall
do take captured prisoners and turn namese Government executing these not be separated from prisoners of war be-
them over to another power. American prisoners, nor would it justify longing to-the armed forces with which they
Thus I repeat the language: bringing them to trial as war criminals. were serving at the time of their capture, ex-
Prisoners of war are in the hands of the Mr. President, on the contrary, these cept with their consent.
enemy Power, but not of the individuals or prisoners are entitled to incarceration Mr. President, article 23 provides:
military units who have captured them and humane treatment until at last this Article 23
Irrespective of the individual responsibilities war is brought to an end or until, during be
that may exist, the Detaining Power is re- the war, negotiations which often occur No sent t p,risosoner of detained war in may areas at any where time may or he
sponsible for the treatment given them. during a war for the exchange of prison- be exposed to the fire of the combat zone,
Prisoners of war may only be transferred ers occur or until neutral bodies come in nor may his presence be used to render cer-
by the Detaining Power to a Power which is a either as neutral countries or neutral tain points or areas immune from military
party to the Convention and after the De- agencies, such as the Red Cross, to take operations.
inning and a has satisfied itran fe ee Power various degrees of jurisdiction over war Prisoners of war shall have shelters against
ngress and ability tl such When n prisoners prisoners. air bombardment and other hazards of war,
nsfe redou. Whprisoners of Mr. President, article 13 of the treaty to the same extent as the local civilian popu-
w apply the
stances, under such cm- lation. With the exceptibn of those engaged
ttancess t, responsibility for the application of provides: in the protection of their quarters against
the Convention rests on the Power accepting Prisoners of war must at all times be hu- the aforesaid hazards, they may enter such
them while they are in its custody. manely treated. Any unlawful act or omis- shelters as soon as possible after the giving
Nevertheless, if that Power fails to carry sion by the Detaining Power causing death or of the alarm. Any other protective measure
out the provisions of the Convention in any seriously endangering the health of a pris- taken in favour of the population shall also
important respect, the Power by whom the oner of war in its custory is prohibited, and apply to them.
prisoners of war were transferred shall, upon will be regarded as a serious breach of the Detaining Powers shall give the Powers
being notified by the Protecting Power, take present Convention. In particular, no pris-
effective measures to correct the situation or oner of war may be subjected to physical concerconcernedng, Po througough h the e lnn eterulmediaey iary of of t the
he
shall request the return of the prisoners of mutilation or to medical or scientific experi- regarding the geographical location of
war. Such requests must be complied with. ments of any kind which are not justified by prisoner rin of war camps.
the medical, dental or hospital treatment of p Mr. President, now is the time for our the prisoner concerned and carried out in his Whenever military considerations permit,
Government to see to it that it places interest. prisoner of war camps shall be indicated in
itself in the position to meet any at- Likewise, prisoners of war must at all times the day-time by the letters PW or PG, placed
tack that may be made against it on the be protected, particularly against acts of via- so as to be clearly visible from the air. The
basis of any transferring of prisoners to lance or intimidation and against insults and Powers concerned may, however, agree upon
public curiosity. any other system of marking. Only prisoner
the South Vietnamese. I cannot believe, pMeasures of reprisal against prisoners of of war camps shall be marked as such.
I will nee believe, I established, refuse t war are prohibited. Mr. President, I comment on that lieve, Vietcongunless and proof North Vietnamese that t any y prisoners Mr. President, article 14 provides: article because some of the press
Vietcong
are not being treated in accordance with Prisoners of war are entitled in all circum- stories-and I am sure they are so-called
the requirements of the Geneva Conven- stances to respect for their persons and their speculative who fear stories-indicate that there
tion on war prisoners, even though they honour. that what the North
are being turned over by the U.S. Gov- Women shall be treated with all the regard Vietnamese Government might do is
due to their sex and shall in all cases benefit place these American war prisoners in
to tSouth eSouth they are Vietnamese. being turned over- by treatment as favourable as that granted areas where they think American bombs
to the h to men. might drop and, with that sort of cruel
But I wish to make clear again that Prisoners of war shall retain the full civil
our Government has the responsibility. capacity which they enjoyed at the time of design, cause them to be killed by our
of keeping itself in a position where at their capture. The Detaining Power may not own bombs.
No. 114--23
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
 Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
15334 CONGRESSIONAL RECORD - SENATE July 18, 1.66
Mr. President, no one deplores more is a subject matter of which the members longer, even though I used to object to
than does the senior Senator from of the Security Council of the United the practice.
Oregon the fact that we are bombing in Nations and the members of the General Therefore, in view of the fact that a
North Vietnam. I have suggested time Assembly of the United Nations should similar provision is in the act with re-
and time again and repeat this afternoon take cognizance, and they should call for gard to Cuba, and the restriction Is in
that I think my President should issue an international discussions now. . Let us the military bill, I accept the amend-
order immediately to stop the bombing. not wait until brutality and barbarism ment proposed by the Senator from
I do not think there is any hope of ever break forth in the handling of war pris- Virginia.
getting to a peace table by escalating the oners. Mr. BYRD of Virginia. Mr. President,
war. We certainly have a clear duty in, this I thank the Senator from Arkansas.
Mr. President, that does not have any- matter, and I have no doubt as to where The proposed amendment conforms
thing to do with the cruel, horrendous, my President will stand. I shall support the Economic Assistance Act to the Mili-
abnormal course of action of, in effect, the President in any endeavor he makes tary Assistance Act, both of which were
chaining our war prisoners in combat through so-called noncombatant na- reported by the committee chaired by
zones so that they will be killed by the tions, to arrive at an understanding with the distinguished Senator from Arkansas.
attacking country, or so that they, being the North Vietnamese, without any de- I am pleased that the chairman of the
placed in a position in which they can lay. Committee on Foreign Relations has ac-
be killed by the fire of an attacking' If there is any reason to believe that cepted the proposed amendment, and I
country, can be used as hostages to pre- South Vietnamese are violating- the move that it be agreed to.
vent the country from carrying out Geneva War Prisoner Convention, an The PRESIDING OFFICER. (Mr.
combat operations. endeavor should be made to work this BURDICK in the chair). The question is
The treaty specifically prohibits it. matter out with the South Vietnamese, on agreeing to the amendment of the
The treaty specifically took into account and certainly we can do something about Senator from Virginia.
this possibility and article 23, which I that. The amendment was agreed to,
have commented on and have had Mr. President, I see grave danger of Mr. JAVITS. Mr. President, I call up
printed in the RECORD, prohibits it. any barbaric act on the part of the North my amendment, which Is at the desk,
Mr. President, article 26 provides: Vietnamese increasing the possibility of with respect to an International Private
The basic daily food rations shall be suffi- a greatly escalated war, at a time when Investment Advisory Council, and ask
cient in quantity, quality and variety to keep we should be moving in the direction of that it be stated.
prisoners of war in good health and to pre- deescalation. Leaders of other nations The PRESIDING OFFICER. The
vent loss-of weight or the development of
nutritional deficiencies. Account shall also of the world have at least a moral duty- amendment will be stated.
be taken of the habitual diet of the prisoners. I believe a legal duty, too--to take the The legislative clerk proceeded to read
The Detaining Power shall supply prisoners steps necessary to attempt to reach an the amendment.
of war who work with such additional rations understanding if there Is any basis In Mr. JAVITS. Mr. President, I ask
as are necessary for the labour on which they fact-if there is any basis in fact, I re- unanimous consent to dispense with the
are employed. peat-that North Vietnam intends to try reading of the amendment.
Sufficient drinking water shall be supplied these American military prisoners as war The PRESIDING OFFICER. With-
to prisoners of war. The use of tgbacco shall criminals. out objection, it is so ordered.
be permitted.
Prisoners of war shall, as far as possible, Mr. President, I yield the floor. The amendment offered by the Sena-
be associated with the preparation or their Mr. FULBRIGHT. Mr. President, I tor from New York [Mr. JAVITSI is as
meals; they may be employed for that pur- suggest the absence of a quorum, follows :
pose in the kitchens. Furthermore, they The PRESIDING OFFICER. Without On page 17, between lines 17 and 18, in-
shall be given the means of preparing, them- objection, the clerk will call the roll. sert a new subsection as follows:
selves, the additional food in their The legislative clerk proceeded to call "(a) Section 601(c), which relates to the
possession. the roll. Advisory Committee on Private Enterprise
Adequate premises shall be provided for Mr. FULBRIGHT. Mr. President, I In Foreign Aid, is amended to read as follows:
messing. "'(c) (1) There is hereby established an
Collective disciplinary measures affecting ask unanimous consent that the order International Private Investment Advisory
food are prohibited, for the quorum call be rescinded. Council on Foreign Aid to be composed
Mr. President, there is no doubt aThe PRESIDING OFFICER. Without of such number of leading American business
the r. President, it is so ordered. specialists as may be selected, from time to
bill fa' t that the tht e, the treaty rules sets doubt about
of forth the conduct, e Mr. FULBRIGHT. Mr. President, time, by the Administrator of the Agency for
What is the pending business? International Development for the purpose
and the obligations of the country that of carrying out the provisions of this sub-
has under its custody captured war pris- - section. The members of the Board shall
oners. There is no language in the con- THE FOREIGN ASSISTANCE ACT serve at the pleasure of the Administrator,
vention, in my judgment, that would OF 1966 who shall designate one member to serve
justify any plan on the part of North as Chairman.
Vietnam to try these American prisoners The Senate resumed the consideration "'(2) 'It shall be the duty of the Council,
that have been captured in North Viet- of the bill (S. 3584) to amend further at the request of the Administrator, to make
the Foreign Assistance Act of 1961, as recommendations to the Administrator with
Hain. amended, and for other purposes. respect to particular aspects of programs and
I close my comments by saying that I The PThe activities under this Act where private
would like to believe that it is peace that amendment PRESIDING
the G OFFICER.
Senator from Virginia enterprise can play a contributing role and
the noncombatants in this war are seek- Cme BYRD7. to act as liaison for the Administrator to
ing. I want to continue to believe that involve specific private enterprises in such
it is peace that we seek. I hope it is Mr. FULBRIGHT. Does the Senator programs and activities.
peace that the North Vietnamese and the wish to offer the amendment at this "'(3) The members of the Advisory Council
Vietcong seek. time? shall receive no compensation for their serv-
But resort to brutality and cruelty and The PRESIDING OFFICER. The ices but shall be entitled to reimbursement in
barbarism in the treatment of war pris- amendment is pending. accordance with section 5 of the Administfor
tive Expenses Act of 1946 (5 U.S.C. 73b-2) for
oners by either the North Vietnamese or Mr. FULBRIGHT. I wish to say to travel and other expenses incurred by them
the South Vietnamese will not aid the the Senator from Virginia that we have in the performance of their functions under
coming of peace. Therefore, I hope that read and examined the proposed amend- this subsection.
all the noncombatant nations In the ment. It is similar to one we have in the "'(4) The expenses of the Advisory Coun-
world will recognize that here, too, as in military aid bill. I am disposed to accept oil shall be paid by the Administrator from
regard to the other allegations of which it. I believe it is a good amendment, funds otherwise available under this Act."'
I have spoken concerning their treaty In the past, I have objected to amend- Mr. JAVITS. Mr. President, the pro-
duties under the United Nations, they ments seeking to achieve ulterior and posed amendment would establish an In-
should proceed to take concerted action. somewhat irrelevant objectives, but that ternational Private Investment Advisory
This is a subject matter on which there objection has been overriden so often Council to make recommendations to the
should be action before the fact. This that I cannot, see that it Is valid any Administrator of the foreign assistance
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
 July 18, 1966
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
CONGRESSIONAL RECORD - APPENDIX A3753
FOR THE FLAG: LAW AGAINST DESECRATION
SHOULD BE ENACTED
About the silliest argument that could be
raised against the proposal of a federal law
to' forbid and punish desecration of the
American Flag Is the suggestion that such a
statute might "violate the constitutional
guarantee of free speech."
Any Congressman entertaining such a
theory, as ground for legal objection, is fabri-
cating his own gnat to strain at. There may
be a relationship between words and actions
of infamy-as between cause and effect-but
they are not legally one and the same thing.
Technically, and in the eyes of the law,
there is a difference between saying "Let's
burn the house down," and setting fire to it.
The Flag has been desecrated time and
again in this era of rampant hooliganism and
apparently privileged seditious mischief.
Subversive characters have spat on it,'walked
on it, burned it and torn it to shreds. They
thereby were showing contempt not only for
Old Glory, but for the thousands of young
Americans who are fighting and dying for it.
Yet with a spate of measures before Con-
gress to make that offense a federal crime,
there still is no national law against it. The
culprits go free!
For postage stamp irregularity you can go
to jail. For mutilating money, penalty at-
taches-and nobody arises (or should) to
suggest that punishment infringes the
offender's "right" to talk himself blue (or
Red) in the face.
The law proposed is eminently in order.
One with` teeth should be enacted and en-
forced to the letter.
These simultaneous announcements
also graphically illustrate a gradually
diminishing concern on our part-by our
Government and the people-over the
plight of.the people of the captive na-
tions of east-central Europe.
Now is a time when Communist prop-
aganda machinery is concentrating its
attacks on alleged U.S. mistreatment of
smaller nations, to recognize anew the
Soviet imperialist record in east-central
Europe. Now is a time for us to rededi-
cate ourselves to the principles set forth
in Public Law 90, enacted by Congress
in July 1959 providing for the designa-
tion of the third week in July as "Captive
Nations Week."
The resolution by which the law was
enacted stated, in part:
Whereas these submerged nations look to
the United States, as the citadel of human
freedom, for leadership in bringing about
their liberation and independence and In
restoring to them the enjoyment of their
Christian, Jewish, Moslem, Buddhist, or other
religious freedoms: and of their individual
liberties; and
Whereas it is fitting that we clearly mani-
fest to such peoples through an appropriate
and official means the historic fact that the
people of the United States share with them
their aspirations for the recovery of their
freedom and independence.
Problems Beyond the Draft
Captive Nations Week
EXTENSION OF REMARKS
HON. H. ALLEN SMITH
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Monday, July 18, 1966
Mr. SMITH of California. Mr.
Speaker, as we commemorate Captive
Nations Week, it seems to me particu-
larly ironic that on the same recent day
when the Soviet Union canceled its par-
ticipation in the annual track and field
meet with the United States, our State
Department announced a liberalization
on travel by U.S. citizens to Communist
countries with which we have no diplo-
matic relations.
Although the countries involved in this
lift of travel restrictions are not among
the east-central Europe captive nations,
where travel by Americans is already
relatively easy, there still is a most un-
satisfactory inconsistency in the two an-
nouncements on the same day.
The Russians said they were canceling
their athletes' trip to our country be-
cause of "our hatred for the American
military who are perpetrating atrocities
in Vietnam and our solidarity with the
people of Vietnam."
That was the same day the State De-
partment announced that persons in
cultural, athletic, commercial,, educa-
tional, public affairs, and professional
fields will henceforth be eligible to apply
for ' validation of their passports for
travel to restricted areas. These are
Communist. China, North Vietnam,
North Korea, Cuba, and Albania.
EXTENSION OF REMARKS
HON. WENDELL WYATT
OF OREGON
IN THE HOUSE OF REPRESENTATIVES
Monday, July 18, 1966
Mr. WYATT. Mr. Speaker, most of
us in the Congress are aware and inter-
ested in the necessity for a revision of
the Selective Service Act. In studying
the problems involved, it is obvious that
these problems are peripheral to overall
manpower planning in this countiy. In
this connection, the Oregon Journal, of
Portland, Oreg., on Monday, July 11,
1966, published a most thought provok-
ing editorial and with permission I print
the same at this point in the RECORD:
PROBLEMS BEYOND THE DRAFT
A restudy of the military draft should be
only a part of the business of the National
Advisory Commission on Selective Service
which has just been appointed by President
Johnson.
What we need is a national policy on man-
power-military and civilian-or, alterna-
tively, a decision not to have a universal
manpower 'policy.
This is so because, barring a vast expan-
sion of the armed forces which no one in
his right mind should want, there simply
are too many young men in the military age
bracket to find places in the armed services.
Today we have about 10 million men in the
United States aged 19 to 26, and only about
3 million men in the armed forces. Only
about half the young men of draft age ever
wear a uniform. As our population grows,
the surplus. of men should become even
greater. , In only eight more years, it is
estimated, the 19-to-28 age bracket will
have swollen to 13.6 million men.
Therefore, no study just of the military
draft 'is likely to answer satisfactorily one
of the basic objections to the present draft
system-that it takes Joe while passing over
equally qualified Sam.
Recently suggestions have been revived
that we should have a form of universal
service, with every young man serving his
country for a year or. two in either a civilian
or military capacity.
It may sound plausible on first hearing,
but is this what we really want? After all,
the regimented legions of Hitler Youth are
one of the many ugly memories of Nazi Ger-
many. Up to now the official line of the
heads of the Peace Corps and the Vista
volunteers, which might be regarded as ex-
amples' of civilian alternatives to military
service, has been that they wanted no part of
having their organizations thought of as
means for avoiding military duty.
On a purely practical basis, do we want to
saddle the taxpayers with supporting every
young man in the country for a year or two?
Do we want to pay living allowances for the
wives and children of those who are married?
For that matter, if every boy is said to owe
his country a couple of years of service, what
about every girl? Do we want universal
service for women, too?
These are some of the really fundamental
questions involved in a study of the draft.
Maybe the new commission will have to con-
clude that while the draft should be as fair
as possible, nobody ever guaranteed that life
itself would be 100 per cent fair, and that
therefore we will have to continue calling
some men while passing over others.
There is a nagging suspicion that Presi-
dent Johnson may have appointed his new
commission in hopes, partly, of taking some
of the heat out of the draft controversy un-
til after the November elections. It is not
directed to report until next Jan. 1.
The 20-member commission is heavy with
people who have been closely associated with
the system as it has operated in the past-
people like John McCone, former director of
the Central Intelligence Agency; Thomas
Gates, ex-secretary of defense; David M.
Shoup, former commandant of the Marine
Corps, and even President Johnson's one-
time press secretary and punching bag,
George Reedy. But it also has at least one
member-President Kingman Brewster of
Yale University-who has been sharply criti-
cal of the present draft system. Its chair-
man, Burke Marshall, won wide respect when
he was head of the civil rights division of the
Justice Department.
The commission has the stature and back-
ground to make the "penetrating and broad-
range study" which, according to his press
secretary, the President wants., Nothing less
will meet the need.
Vi am
HON. JOHN A. RACE
OF WISCONSIN
IN THE ROUSE OF REPRESENTATIVES
Monday, July 18, 1966
Mr. RACE. Mr. Speaker, the months
have stretched into years since the con-
flict in South Vietnam took top priority
on the front pages of the newspapers of
this Nation.
Many nationally prominent figures
have ventured to express their opinions
for ar against the U.S. role in this con-
flict and in recent months, the term,
"hawks and doves," has become a more
or. less standard expression in govern-
mental and news media circles.
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
 Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
A3754
CONGRESSIONAL RECORD -APPENDIX
Today, I received a letter from one of
my constituents in Fond du Lac, Wis.,
expressing what I believe is the prevail-
ing attitude of the people of my district
toward the Vietnam war.
I believe this letter speaks well for it-
self, and would commend it to the atten-
tion of all of my colleagues of this body.
. Under unanimous consent I include
the attached letter in the CONGRESSIONAL
RECORD:
Congressman JoHN RACE,
Rouse of Representatives,
Washington, D.C.
DEAR MR. RACE: I have been putting off
long enough the writing of this letter in-
forming you of my feelings in regard to
Vietnam.
So much has been written, so many have
been demonstrating (some without really
knowing what for), so many condemn.
.1 hate war! But, I doubt that any human
being will live a lifetime without seeing it
or hearing of it or being affected by it in
some way, because men are greedy, are hate-
ful, and are lacking in love for others.
My younger brother is in Vietnam (with
son and wife at home). We hope and pray
that he'll come home on schedule in October,
unharmed. My older brother has volun-
teered to go to Vietnam (with four boys and
wife at home).
At times what I read makes me think
seriously about whether the United States
really belongs there. But I always return
to the sarpe conviction.
My general feelings are:
1. As long as South Vietnam is besieged
with Northern murderers, torturers, and
saboteurs, and is in need of support, the
United States is morally committed to help
them.
2. We didn't start this shameful mess;
North Vietnam is the invader.
3. If we keep out of this fight, the same
kind of Infiltration will eventually reach our
shores and our neighboring countries.
4. True, the United States has made many
bunders, and has wronged many, but our
sincere purpose is to give all men the free-
dom and comforts we have here:
6. I see many injustices perpetrated among
our citizens (I am ashamed when I read of
or see TV pictures of whites being so hateful
toward fellow citizens because of their color),
but I feel our country has never been better,
and I wouldn't want to live anywhere else.
6. I support the raiding of North Vietnam
oil targets and military targets. I feel they
were carried out with the safety of the sur-
rounding civilians uppermost in the minds of
the planners.
7. I compare the bombing of oil supply
depots in ' North Vietnam with Korea. I
feel president Johnson made a wise decision,
while perhaps President Truman might have
erred in removing MacArthur. If MacArthur
had been allowed to pursue his strategy we
very likely would have ended the Korean
war sooner, with far fewer casualties, and
with a more stable situation than the shaky
truce now in existence.
8. I am proud to be an American-I thank
America for my freedom to speak, to worship,
to think, to be educated, and to write this
-letter without fear of repercussion!
9. I thank you and all of our elected peo-
ple who had the courage to run for office
and the persistence to stick with all the
problems presented.
.10.. And I thank whoever had the persist-
ence to read this in its entirety.
Yours truly,
Bobby Stephens Day .
EXTENSION OF REMARKS
OF
HON. LINDLEY BECKWORTH
OF TEXAS
IN THE HOUSE OF REPRESENTATIVES
Monday, July 18, 1966
Mr. BECKWORTH. Mr. Speaker, I
desire to include in the CONGRESSIONAL
RECORD an editorial that appeared in the
Longview Morning Journal on June 18,
1966 concerning a longtime close friend
of mine, Col. Robert L. Stephens. Also
I include an article about Bobby Ste-
phens Day.
I have known this very outstanding
young man from the time he was a small
boy. He always has been religious and
a man of the highest character in all
respects. His many talents and attain-
ments warrant the signal honor he has
received. Certainly he deserves the
recognition he has been given.
The material follows:
BOBBY STEPHENS DAY
(By .Carl L. Estes)
Any community is at its best when recog-
nizing and honoring its citizens who have
served their country faithfully and with dis-
tinction to themselves and the nation. So
it is with Gilmer which places itself in the
public spotlight Saturday by officially cele-
brating Bobby Stephens Day.
All East Texas is proud of Col. Robert L.
Stephens, the celebrated and highly deco-
rated "Silver Fox" of the U.S. Air Force who
on May Day last year piloted a YF-12A jet
interceptor at more than three times the
speed of sound and brought the world's air
speed record back to the United States from
Russia.
For setting two new world. flight records-
a straight course speed record of 2,070.101
miles per hour, and an absolute sustained
altitude record of 80,257.86 feet-Colonel
Stephens and four of his test flight; crew
officers were decorated with the Distinguished
Flying Cross, awarded by Air Force Chief of
Staff Gen. John P. McConnell in a Pentagon
ceremony in Washington.
Gilmer is literally booming with pride, for
Colonel Stephens is a native of the Upshur
County capital. He is the son of Mrs. Manie
Stephens of Gilmer and the late Vernon J.
Stephens. A veteran Air Force test pilot at
44, he is prematurely gray -the basis Tor his
honored unofficial title of "Silver Fox" by
which he is recognized among his Air Force
friends and admirers.
Colonel Stephens and his co-pilot also were
awarded the Flying Tiger Pilot Award for the
world record-breaking flight, and received
the 1965 Thompson Trophy Award. The
MacKay Trophy for 1965, awarded by the
National Aeronautic Association for the most
meritorious flight of the year, will be pre-
sented to Colonel Stephens and his flight
crew at Edwards Air Base on July 23 by Gen-
eral McConnell, Air Force chief of staff.
Gilmer and East Texas people are proud
that Colonel Stephens' picture hangs in the
-Air Force Hall of Fame at Edwards Air Base,
Calif., where he is officially known as Director
of the Air Force Flight Test Center YF-12
test force.
The intrepid Gilmer colonel has been a
test pilot longer than any other man In the
Air Force today. He was the first military
man to be elected a "fellow" In the Inter-
national Society of Experimental Test Pilots.
He is a Legion. of Merit Medal winner for
July .18, 1966
his work a few years ago as director of test-
ing of the famed F-104 fighter plane. As a
test pilot and aeronautical engineer for 17 of
his 22 years in uniform, he has been at Ed-
wards Air Base a number of times over the
past 12 years and now heads a group of more
than 100 military and civilian test pilots,
engineers, technicians and others engaged in
flight testing the Mach 3 (three times the
speed of sound) aircraft.
Colonel Stephens is a graduate of Gilmer
High School, a graduate of Texas A&M Uni-
versity with an aeronautical degree, and
holds a master's degree in aeronautics from
Princeton University. He and his wife Joy
have three lovely daughters, Lila, Linda and
Lisa. His family will be with him for this
happy occasion.
We here in Longview and throughout East
Texas join in spirit with the proud people
of Gilmer in honoring Colonel Stephens this
Saturday. In all the activities of the day,
we all shall be happy to have back home
again, a distinguished citizen and one of the
Air Force's finest, Col. Robert L. Stephens.
SPECIAL DAY IN HOMETOWN HONORS PLOT
GILMER.-As his home city put finishing
touches on plans for Bobby Stephens Day
scheduled today, the National Aeronautics
Association revealed that Air Force Col. Rob-
ert L. Stephens and his record-setting pilots
are to receive still further honors.
The MacKay Trophy, given for the most
meritorious flight of the year, will go to the
pilots and crew of the YF-12A jet interceptor
in July 23, ceremonies at Edwards Air Force
Base in California. It will be presented by
Gen. John P. McConnell, U.S. Air Force Chief
of Staff, Washington, D.C.
Veterans test pilot Stephens, known as
"Bobby" to his hundreds of friends and ad-
mirers throughout East Texas, broke world
speed and altitude records on 'May 1, 1965,
when he and his co-pilot, Lt. Col. Daniel
Andre, flew the YF-12A to 80,257.8 feet at
a world speed of 2,070.1 miles per hour. This
broke the previous record held by Russia-
and on the Soviet Union's May Day at that.
On the same day, four other test pilots
under Colonel Stephens' command, set nine
world speed and altitude records in the same
aircraft.
The MacKay Trophy will be awarded in
the name of all the men who flew and set
the nine world speed and altitude records.
Because of his distinguished career, the
colonel and his family are being paid special
honors all day Saturday in the town of his
birth.
Festivities, under direction of Jack (Spot)
Baird of Gilmer and Longview, and the Up-
shur County Chamber of Commerce, get un-
der way at 9 a.m. Saturday at Kinel's Cafe
where friends are, invited to drop by for
coffee and visit the colonel before he goes
to the Strand Theater at 10 a.m. to show
actual films of the record-breaking flight.
He will narrate the film, and answer ques-
tions from his audience. Primarily an event
for school children of Gilmer and all East
Texas, the film will be shown again if in-
terest warrants, Baird said.
At noon, an all-service club luncheon at
Gilmer Country Club will spotlight Colonel
Stephens and his family. This includes his
mother, Mrs. Marie Stephens of Gilmer, his
wife, Joy, and three daughters, Lila Lee,
Linda Lou and Lisa; his mother-in-law, Mrs.
Jewel Fuller of Baytown; and his two sisters,
Verna Helen and Lila Blanche.
Gilmer Rotary, Lions and Kiwanis Clubs
will combine their meetings for the lunch-
eon, which will see such special guests as
State Reps. George Hinson and John Allen,
State Sen. Jack Strong, Cong. Lindley Beck-
worth and Ray Roberts.
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
 July 18, 1966
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
CONGRESSIONAL RECORD - APPENDIX A3759
tainly is knowing a heavy amount of adjust-
ment. Part of the bottleneck and mishaps
is attributable to OEO administration at its
.several levels. Part of
beaucratic jealousies an
he woes stem from
politics in an elec-
We think, also, that Americans ought to
be cautioned against thinking in terms of
total victory. The war in Viet Nam remains
limited.
If, for example, North Viet Nam and Viet
Cong units were to find the going too tough
in South Viet' Nam they could temporarily
pull across the border into Cambodia, which
they are using as a staging area now. It is
doubtful the American people are ready for
an invasion of Cambodia; many Americans
still have reservations about the Hanoi-Hai-
phong raids.
There is, additionally, the physical impos-
sibility of crushing North Viet Nam short
of nuclear attack or a full-scale occupation
of the country-moves which would invite
Red Chinese entry into the conflict.
The new optimism about the Asian war is
encouraging, however. It may mean that
the next Canadian peace mission to Hanoi
will find a tangible sigh that Ho Chi Minh
is willing to talk about the possibility of
negotiations. Ultimately, a peace settlement
acceptable to American and South Vietnam-
ese interests may be possible. Firmness in
that goal-as President Johnson has firmly
outlined it-is our best course of action at
this time,
e revamping should
the baby out with
EXTENSION OF REMARKS
OF
HON: BYRON G. ROGERS
OF COLORADO
IN THE HOUSE OF REPRESENTATIVES
Monday, July 18, 1966
Mr. ROGERS of Colorado. Mr.
Speaker, broad support for President
Johnson's outline of a firm policy in
Vietnam is illustrated by an editorial in
the Denver Post.
There have been so many repercussions
from the bombing of North Vietnam's
fuel dumps that it is difficult to avoid
speculation that a turning point is near
at hand, the Post says.
The newspaper finds optimistic re-
ports about the fighting in Vietnam en-
couraging, although it urges caution.
Ultimately, it declares, a peace settle-
ment acceptable to the United States and
South Vietnamese interests may be pos-
sible. Firmness in that goal, as the Presi-
dent,has firmly outlined it, is in the news-
paper's opinion our best course of action
at this time.
The editorial follows:
[From the Denver Post, July 7, 1966]
FIRM WAR POLICY LOOKING BETTER
There are so many repercussions to the
bombing of fuel dumps in North Viet Nam-
rumored and real-that it is difficult to avoid
speculation that a turning point in Viet Nam
16 near at hand.
Top U.S. officials are on record with the
new view. President Johnson, George W.
Ball, undersecretary of state, and Vice Presi-
dent HUMPHREY all said this week that North
Viet Nam no longer expects victory.
Meanwhile, a report from a French journal-
ist in Hanoi says President Ho Chi Minh of
North Viet Nam is thinking of negotiating
with the United States in 1967 "if there is no
new development" in the war's progress.
The brighter view of the Vietnamese war
was evident before the bombing. The main
reasons were the U.S. troop buildup and
Prime Minister Ky's successful moves against
his domestic foes in South Viet Nam.
But the reports of disenchantment in
Hanoi appear to have accelerated since U.S.
planes began attacking fuel storage areas
around Hanoi and Haiphong June 28. Dam-
age to North Viet Nam's capability to wage
war in South Viet Nam has been heavy.
Aerial surveys have confirmed this.
And it.must be even more disheartening to
Hanoi's strategists to find that President
Johnson's conduct of the war continues to
receive strong backing despite flare-ups of
antiwar sentiment. Success of the bombing
raids, in effect, is answering the President's
critics.
At the same time that optimistic reports
are coming in, we would urge caution. One
reason is very obvious. Hanbi may be in-
dulging in some semi-public agonizing with
a definite goal in mind: getting more help
from Russia and China.
The Bombings-For and Against
EXTENSION OF REMARKS
OF
HON. CHET HOLIFIELD
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Monday, July 18, 1966
Mr. HOLIFIELD. Mr. Speaker, under
unanimous consent, I include an editor-
ial from the Los Angeles Examiner here-
with in the Appendix of the REcoan.
Mr. Hearst's editorial entitled "The
Bombings-For and Against" is in my
opinion well balanced and sound. I have
been pleased by the understanding of
the Vietnam problem which has been
consistently portrayed in the newspaper
editorials of Metropolitan Los Angeles
newspapers and the weekly and daily
newspapers in my congressional district
in Los Angeles County:
THE BOMBINGS-"FOR" AND "AGAINST"
(By William Randolph Hearst, Jr., Editor-In-
Chief, The Hearst Newspapers)
On this July 4 weekend, commemorating
the spirit of freedom that gave birth to our
great country, we find the world around us-
and some here at home-plunged into con-
troversy over the path America is taking in
the world today. This is not particularly
unusual, even considering the sharpness of
the debate in the past few days, so I shall
keep this week's column brief-giving us
all more time to enjoy the annual memory
of our glorious Independence Day.
The recent commotion, of course, centered
upon the American bombing of oil installa-
tions near the North Vietnamese cities of
Hanoi and Haiphong. Personally, I fail to
see what the excitement is all about. We
have been attacking North Vietnamese mili-
tary objectives by air for more than a year,
to the accomplishment of various mutter-
ings and grumblings-and applause and
commendations-both at home and abroad.
So why all the fuss about the extensions of
these attacks to such obviously military tar-
gets as these oil depots?
However, let's look at the "for" and the
"against" line-up on this issue.
Included in the "'against" crowd are: Sen-
ators J. W. FULBRIGHT and WAYNE MORSE
(naturally), plus Senators MIKE MANSFIELD
and GEORGE AIKEN, with ROBERT KENNEDY
expressing more doubt than total conviction.
In addition there were the group of 16 House
Democrats, UN Secretary-General U Thant
and the so-called "Arab national press."
Prime Minister Harold Wilson of Britain and
the Vatican also voiced concern, although
both have extended their efforts toward
bringing the Communists to the conference
table, only to be rejected with the same curt-
ness as has greeted similar American efforts.
The uncompromisingly "for crowd, on
the other hand-led by President Johhson-
includes a most emphatic Vice President
HUBERT HUMPHREY and U.N. Ambassador
Arthur Goldberg, plus our armed services,
former Presidents Eisenhower and Truman,
former Vice President Richard Nixon, a great
majority in both houses of Congress, and
all our allies in the vast Pacific basin, in-
cluding Japan and our Australian, New Zea-
land and South Korean battlefield partners.
In this group I also most enthusiastically
place myself, and the sympathies and sup-
port of The Hearst newspapers.
Comments voiced by Ambassador Goldberg
were particularly incisive. He pointed out.
to the U.N. Security Council and to Secre-
tary-General Thant that a cessation of the
bombing to North Vietnam was certainly not
the 5vay to stop the war-thus flatly contra-
dicting Mr. Thant's own position. , He also
took Issue with the secretary-general's pro-
test against the oil depot raids-made on the
grounds that they were in "heavily-popu-
lated areas"-and emphasized that the
greatest caution had been taken by the U.S.
to strike at military targets only. He pointed
out, moreover, that Vietcong guerrillas exer-
cises no such caution in their terrorism and
assassination tactics in South Vietnam. The
sole way to peace, Ambassador Goldberg
urged, was through negotiation.
The attack on the oil depots also pro-
duced a flood of firmly-encouraging British
newspaper editorials. It appears that the
gentlemen of the Fleet Street press, many
of whom are Battle of Britain veterans, have
longer memories than the labor party poli-
ticians who seem to have influenced Prime
Minister Wilson during this episode; From
their own wartime experience they know that
the paralysis of an enemy's fuel system can
be a decisive step toward ending and win-
ning a war.
Major British press comment, in fact, was
decidedly on the American side with regard
to the bombing. The Times called the ac-
tion "understandable" from a military point
of view. The Daily Telegraph observed that
military justification for the raids was clear
and that the greatest consideration was
taken to avoid populated places. The giant
Daily Express questioned what alternative
President Johnson faced in view of the fact
that North Vietnam supplies the arms which
permit the Vietcong to maintain its cam-
paign in South Vietnam. The Daily Mail
observed: "Unless we want Chinese Commu-
nist influence to flood through Southeast
Asia-and it is always possible that its dan-
gers have been over-estimated-the stand in
Vietnam must be made. The war has to be
fought and won."
The entire clamor directed against the oil
depot bombings, in short, was based on the
fact that the attacks were the closest yet to
the civilian populations of Hanoi and Hai-
phong. But the fact remains that these tar-
gets were still considerably removed from
the civilian population centers, by distances
measured in miles. Moreover, neither Presi-
dent Johnson nor the military men on the
scene In Vietnam have the slightest inten-
tion or desire to attack civilians. We only
wish that similar sentiments were shared
by those who indiscriminately throw hand
grenades into civilian areas in South Viet-
nam, including crowded theaters and similar
"targets." In our case, too, the pilots in-
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
 Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
A3760 CONGRESSIONAL RECORD - APPENDIX July 18, 1966
volved In the raids were most carefully
briefed on the necessity of avoiding civilian
areas.
But the most effective way of ending
casualties of any kind in this grim business
is to stop fighting and start talking. The
U.S. is ready to do this at any time, while
the Communists have brutally rejected any
suggestion of negotiations to bring about
peace.
Our commitment in Vietnam can survive
this latest furor. Our policy will, in Presi-
dent Johnson's words, "continue to impose a
growing burden and a high price on those
r who, will wage war against the freedom of
others," Which is precisely what that other
addition to the "for" list-the great ma-
jority of the American people-feels, too.
Resource Development Action in
Appalachia
EXTENSION OF REMARKS
HON. TIM LEE CARTER
OF KENTUCKY
IN THE HOUSE OF REPRESENTATIVES
Monday, July 18, 1966
and water' problems and, in addition, to assist in making such 'learning as efficient
and nroductive as possible.
tershed community, especially low-in-
The city of Tompkinsville will have a
new source of water supply from a
planned 72-acre multipurpose reservoir
at which public recreation facilities are
also to be developed. Growth and devel-
opment of Tompkinsville presently is se-
riously hampered by lack. of adequate
quality water. The recreation area is
expected to serve over 18,000 people an-
nually. This recreation area will com-
plement a smaller development at, the
adjacent Old Mulkey House State Park,
a historic shrine dating back to the days
of Daniel Boone.
I think these people are doing a tre-
mendous job and they have my support,
as do other similar small watershed proj-
ects in the area. In many Appalachian
communities, the sound development of
natural resources is the main hope if
sustained benefits are to be realized.
Projects such as Mill Creek serve to carry
out the. purposes of the tools we have
given rural people to stimulate economic
activity.
Mr. CARTER. Mr. Speaker, I am very Second
much encouraged by the determined ef- Address of Hon. John E. Fogarty,
forts of rural people in the Appalachian Congressional District, Rhode Island,
area of Kentucky to improve their eco-
nomic base by developing their land and Before the American Association of
water resources. They are moving for- School Librarians' Convention, New
ward in working out resource problem York Hilton, July 11, 1966
that have been a bottleneck to progress.
I have been following with interest the'
Mill Creek small watershed project in EXTENSION OF REMARKS
Monroe County, Ky., my home county of
in the congressional district I represent. HON. JOHN E. FOGARTY
t
th
a
It is a good example of local action
i t ken with State and Federal
a
i
b
e ng
s
help. It is an indication of how tools of IN THE HOUSE OF REPRESENTATIVES
process, more and more educational empnasls
is being placed on individual instruction.
New educational technology will soon make
it possible to bring the best teacher, the
best book, the best educational experience to
each student.
We can realistically expect to achieve in
the forseeable future, the electronic equiva-
lent of Mark Hopkins on one end of the log
and each of us-all students everywhere-
on the other.
Individualized instruction is, in a sense, the
fundamental concept behind libraries. "The
right book for the right reader at the right
time" still sums up the best basis for devel-
oping library services. As, this concept per-
vades educational theory, practice, the
means, but not goals, will change and de-
velop. It is the size of the job to be done
and its urgency, that demands innovation,
flexibility, and prompt action. We must
shorten or eliminate the lag that has existed
between the best library practices anywhere
and all other libraries everywhere.
I have watched with interest the Knapp
School Libraries project as an indicator of
things to come. Oak Park, for example, has
taken advantage of both the Knapp Project
and Title III of the Elementary and Second-
ary Education Act for the electronic retrieval
of concept films in the library. This effort
will involve teachers, librarians, administra-
tors, and private industry in the effort to
improve learning. The library plans to pro-
vide several hundred carrels so that students
may individually dial their selection at a
time convenient to them..
In fact, a child at home in the evening
will be able to dial the core and the required
concept film would- be received over his
standard TV set. This kind of development
which, when fully operational, should be im-
mediately exploited by other schools to meet
their particular need. I am not advocating
faddism here. I do not suggest that we bow
with every breeze in the whirlwind. But I
do submit that we must identify what tech-
niques are effective and we must move
swiftly to equalize their impact on all
966 --
ional Dove
R
l
d
hi
eg
-.'r"---"--- IVAVn
ay, Ju
y 1", _
an
the H.i)i)Q?lac
Act are being put to work in combination A vehicle for such educational improve-
with the small watershed program. Mr. FOGARTY. Mr. Speaker, under meet may be found in the network of re-
The project work plan has-been coal- leave to extend my remarks in the REC- gional educational laboratories being estab-
pleted and is under agency review before ORD, I include the following: lished by the U.S. Office of Education. Their
being presented to congressional commit- ADDRESS OF HON. JOHN E. FOGARTY, SECOND purpose is to assist local school districts in
approval. The project area is CONGRESSIONAL DISTRICT, RHODE ISLAND, assessing their own educational programs
tees for in- BEFORE THE AMERICAN AssOCIATION OF and practices, developing or identifying new
se, SCHOOL LIBRARIANS' CONVENTION, NEW methods for their improvement, and ac-
one where there is urgent need to
crease family income, which, of course, YORK HILTON, JULY 11, 1966 tually implementing worthwhile innova-
affects the economy of the entire county. School libraries are caught in the middle tions. Many of these laboratories will be
Farmland, roads, and bridges are beset of a whirlwind. This whirlwind will toss investigating the potential of projects like annually by damaging floods. This American education into the uncharted Oak Oak ParkW''s s in In solving
they their are educatucatioional nal prorob-
b-
flooding has an adverse effect not only future of all Western civilization. le . he ev does indeed make a sigtha equipment on land use, but on the economy of the ft-
Never before in recorded history have a cant contribution to the educational func-
watershed. Cropland, grassland, and people turned so decisively to formal edu- tion commensurate with its cost, they will
forestland need conservation practices if cation as the basis for reaching their eco- develop demonstration projects to'encourage
they are to contribute to economic sta- nomic, political, and social goals. The in- local school districts to follow their lead
bility and halt erosion.' -However, many dustrial revolution depended on the human wherever similar educational problems ex-
of the people involved have not been able body, not the human mind. The electronic ist. The laboratories will have the technical
and the nuclear revolution will increasingly competence to determine whether the soft-
financially to carry out this work. depend on the power and flexibility of highly ware has been adequately evaluated and will
The Mill Creek project was approved trained intelligence. recommend to the local districts those sys-
for help under section 203 of the Appa- As school librarians, you must not try to tems which have been proven effective.
lachian Regional Development Act. As a take shelter from this educational whirl- This effort of the laboratories is an ex-
result, farmers have already started to win. Such an act would invite disaster. In- tension of the research which has been car-
apply needed conservation practices. It stead, face the wind at its strongest point, ried on by the Office of Education for a
is significant, I think, that the majority the electronic processing of intelligence and number of years, but the laboratories take
of the people who are receiving this help its immediate communication to the point the planning and implementation of the re-
ef need. search and development activity out to the
proe not been reached d sgn b other I predict that it will become increasingly schools themselves and thus give the whole
Indication a This a gop sign. I t is an difficult to tell a librarian from a teacher. effort a practical orientation which will help
that the purposes of the Ap- Any kind of librarian at any level, from all to speed up and give direction to the entire
palachian Act are being fulfilled. kinds of teachers at all- levels. Education in- educational improvement effort. The Fed-
The land treatment is a basic element volves learning. Learning is something that eral Government will continue to carry on a
of the : 'watershed project itself. Plans each of us does for himself. Teachers, col- wide range of research and development ac-
call for all feasible measures to solve soil leagues, librarians, or machines can only tivities, ranging from basic studies in cogni-
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
 Approved For Release 2
July 18, 1966 CONGRESSIONA
funds available for section 11 of the
school lunch program. That section au-
thorizes special assistance in the form
of a larger subsidy to schools in low-
income areas. This added sum will allow
needy children to receive more well-
rounded nutritional diets. The House
merely continued the $2 million appro-
priated last year.
At the same time I hope the conferees
will be sympathetic to the views of the
House with regard to new starts in water-
shed planning. Whereas the House
allowed for 100 new starts for this im-
portant program to increase our flood
prevention methods, the Senate has al-
lowed for only 60 new starts. I am
informed the actual building of the vari-
ous watershed projects has been bogged
down and I hope that an increased effort
within the Department of Agriculture
will be made to push this program along
at a faster pace.
I am also pleased to point out that
although only $50 million was allocated
for expenses for the cropland adjust-
ment program, the committee in its re-
port states that should it be determined
later that actual needs for fiscal 1967 are
much greater, additional funds will be
sought in a supplementary appropria-
tion bill. The cropland adjustment pro-
gram was created as a result of the 1965
Agriculture Act and it is still unfamiliar
to many farmers. However, as the word
spreads across the country, I believe that
there will be great demand by farmers
who may wish to divert land from the
production of unneeded crops to uses that
will promote the development and con-
servation of our soil. Also the, program
may be used to preserve open spaces,
promote natural beauty, and for rural
recreation facilities.
Earlier in the session, the. Senate
passed S. 902, a bill sponsored by Sena-
tor ELLENDER and myself to authorize the
Secretary of Agriculture to cooperate
with State and other public agencies in
planning for changes in the use of agri-
cultural land in rapidly expanding areas
and other agricu#ure use areas. We can
ill afford to make mistakes in land de-
velopment as the cities elcpand into our
rural areas. I am informed that com-
munity planners have expressed great
interest in the aid given them by the soil
maps resulting from surveys conducted
by the Soil Conservation Services. I had
hoped that the committee would have
seen fit to restore the entire $3.6 million
which the administration sought to cut
from this year's budget. However, the
Senate did restore $2 million of that
amount which is the sum agreed to by
the House.
Finally, I should mention that by re-
storing the funds which the Administra-
tion would have cut in agricultural re-
search, the committee returned $320,000
to the joint Federal-State fight against
the golden nematode-an insect which
has the capability of destroying the en-
tire Long Island potato crop. Such de-
struction would result in the loss to New
York State of over $25 million annually.
I' am informed that the combined Fed-
eral-State effort over the past 20 years is
within 3 or 4 years of containing this
infestation. It would be tragic if the
Federal Government were to withdraw
its support at this time.
RD - SENATE 15259
STEINBECK REPLIES TO YEVTU-
SHENKO ON VIETNAM
,Mr. JAVITS. Mr. President, in a poem
published July 7 in a Moscow literary
newspaper, Yevgeny Yevtushenko chided
Pulitzer and Nobel Prize-winning Author
John Steinbeck for his silence on Viet-
nam and urged him to deplore the recent
bombing raids.
Mr. Steinbeck, who has c, son in Viet-
nam, turned the tables on Yevtushenko.
He said that he does not "know a single
American who is for (the war in Viet-
nam). But, my beloved friend, you ask
me to denounce half a war, our half."
Steinbeck called the war Chinese-in-
spired and insisted that the United States
would not be there in the first place were
it not for the fact that others began the
conflict.
Instead, Steinbeck called on Yevtu-
shenko to use his influence in the Soviet
Union to get the Moscow government to
"stop sending the murderous merchan-
dise through North Vietnam to be used
against the South."
I ask unanimous consent to have the
full text of John Steinbeck's letter
printed in the RECORD.
There being no objection, the letter
was ordered to be printed in the RECORD,
as follows:
Following is the full text of
open letter to Yevtushenko:
"My DEAR FRIEND GENYA:
"I have just now read those parts of your
poem printed in the New York Times. I
have no way of knowing how good the trans-
lation is, but I am pleased and flattered by
your devotion.
"In your poem, you ask me to speak out
against the war in Vietnam. You know well
how I detest all war, but for this one I have
a particular and personal hatred. I am
against this Chinese-inspired war. I don't
know a single American who is for it. But,
my beloved friend, you asked me to denounce
half a war, our half. I appeal to you to join
me in denouncing the whole war.
"Surely you don't believe that our 'pilots
fly to bomb children,' that we send bombs
and heavy equipment against innocent civil-
ians? This is not East Berlin in 1953, Buda-
pest in 1956, nor Tibet in 1959.
"You know as well as I do, Genya, that we
are bombing oil storage, transport and the
heavy and sophisticated weapons they carry
to kill our sons. And where that oil and
those weapons come from, you probably
know better than I. They are marked in pic-
tograph and in Cyrillic characters.
"I hope you also know that if those weap-
ons were not being sent, we would not be in
Vietnam at all. If this were a disagreement
between Vietnamese people, we surely would
not be there, but it is not, and since I have
never found you to be naive you must be
aware that it is not.
"This war is the work of Chairman Mao,
designed and generalled by him in absentia,
advised by Peking and cynically supplied
with brutal weapons by foreigners who set
it up. Let us denounce this also, my friend,
but even more, let us together undertake a
program more effective than denunciation.
"I beg you to use your very considerable
influence on your people, your government,
and on those who look to the Soviet Union
for direction, to stop sending the murderous
merchandise through North Vietnam to be
used against the South.
"For my part, I will devote every resource
I have to persuade my government to with-
draw troops and weapons from the South,
leaving only money and help for rebuilding.
And, do you know, Genya, if you could ac-
complish your part, my part would follow
immediately and automatically.
"But even this is not necessary to stop the
war. If you could persuade North Vietnam
to agree in good faith to negotiate, the bamb-
ing would stop instantly. The guns would
fall silent and our dear sons could come
home. It is as simple as that, my friend, as
simple as that, I promise you. I hope to see
you and your lovely wife Galya soon.
"With all respect and affection,
"JOHN STEINBECK."
THE AIRLINES STRIKE
Mr. JAVITS. Mr. President, last week;
I called upon the administration to make
proposals to Congress for the revision
and strengthening of the emergency
labor dispute provisions of our national
labor laws-proposals which the Presi-
dent assured us, in his state of the Union
message, he would deliver but which have
never been presented.
The airlines strike is but one more
example of the critical weakness in our
labor laws which periodically and regu-
larly subjects us to strikes endangering
the national health and safety.
Mr. President, yesterday the Wash-
ington Post published an excellent edi-
torial, reiterating my call for legislative
action. I ask unanimous consent that
this editorial be printed iii the RECORD.
There being no objection, the editorial
was ordered to be printed in the RECORD,
as follows:
[From the Washington (D.C.) Post,
July 17, 1966]
EMERGENCY STRIKE VOID
Senator JAVITS has issued a timely reminder
that the promised recommendations for
emergency strike legislation have never been
forthcoming. The President indicated in his
State of the Union message last January
that he would have proposals to make on the
subject. At the time the country was much
concerned about the helplessness of Gov-
ernment in the face of stalled public services
because of the New York subway strike. The
crisis passed, however, and nothing was done.
Now the country is face to face with a similar
crisis in the airlines strike, and there is no
legislation on the books through which the
public interest can be protected.
This newspaper has often noted the inade-
quacies of the emergency strike provisions
of the Taft-Hartley Act. The airline strike
has once more demonstrated the similar
weaknesses of the Railway Labor Act. So
long as these defects remain uncorrected the
public must expect periodic crises resulting
in the suspension of services that, in our
modern civilization, must be deemed
essential.
Mr. JAVITS is not asking others to rush into
a delicate legislative field which he himself
avoids. On the contrary, he has long spon-
sored legislation that would give the Presi-
dent what he calls "one last-resort weapon"
that could be used after all else had failed.
If fact-finding with recommendations and
a cooling-off period for additional negotia-
tions should fail, he would authorize the
President to go to court and ask for the
appointment of a special receiver to operate
the struck property whenever necessary to
protect the public health and safety.
Whether or not this is the right approach,
it would be a useful starting-off place for
discussion of an extremely difficult problem.
It is a grave illusion to suppose that the
problem will go away if the Congress and the
White House continue to ignore it. On the
contrary, it is likely to get worse.
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
 Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
15260 CONGRESSIONAL RECORD - SENATE July 18, 1966
DEATH OF POLICE CHIEF WILLIAM
H. PARKER, OF LOS ANGELES, CALIF.
Mr. KUCHEL, Mr. President, last Sat-
urday night, a distinguished American,
Chief of Police William H. Parker, of Los
Angeles, died suddenly of a heart attack.
He was 64. My wife and I send to his
widow our most heartful condolences.
I have no doubt that his reputation is
known to all the Members of the Senate
who would wish to join with me in ex-
tending sincere sympathies.
Chief of Police Parker was a man of
unswerving loyalty to the enforcement
of the law. If a crime were committed,
or suspected, in the city of Los Angeles,
he considered it his bounden duty to fer-
ret out the guilty, no matter who they
were, nor what their reputation might be.
Bill Parker brought honor and courage
and devotion to the public trust and to
all of his official labors.
He reorganized the police department
of the great city of Los Angeles into one
of the finest law enforcement agencies
in this Nation.
He would remove an incompetent or
one derelict to his duty as instantly as
he would honor a member of his depart-
ment for valor in line of duty. He was
impervious to both politics and threats.
Chief Parker sought no public laurels.
He had no political ambitions. He was
content with his lot, and eternally proud
of it. He was not interested in winning
popularity contests. When he spoke, he
spoke bluntly. He did not seek a repu-
tation as a public speaker, or as a racon-
teur, or as a clubman. First and last,
it was the enforcement of the law and.
the protection of the innocent which
marked the bounds of his duties and his
days as chief of police.
For the last many months, Bill Parker
was not well. He underwent heart sur-
gery last October. But he stuck to his
duty, for duty, as he saw it, was his guide.
He feared God, but nothing else.
I had the pleasure of knowing the late
Chief Parker since the end of the Second
World War. In the intervening years, I
came to know him as a friend. But
seared into my soul is the eternal grati-
tude which I shall have for him because
of the superb professional investigation
which he and the members of his excel-
lent police department undertook many
months ago when I became the victim of
a criminal libel. Chief Parker ordered a
complete inquiry, and his police force
proceeded precisely as he ordered. Un-
questionably, the truth would not have
been known, nor would justice have pre-
vailed, in this instance, were it not for
Bill Parker's penchant for law enforce-
ment all across the board. Here, as in
every other instance he confronted in
his official labors, it was the law of or-
ganized society'that Bill Parker viewed
as supreme.
Mr. President, I ask unanimous don-
sent that the text of a letter which I
wrote to him on February 25, 1965, and
his answer to me on March 2, 1965, may
appear in the RECORD at this point.
There being no objection, the letters
were ordered to be printed in the REC-
ORD, as follows:
P"ESRUART 25, 19(35.
Hon. WILLIAM H. PARKER,
Chief of Police,
City of Los Angeles,
Los Angeles, Calif.
DEAR CHIEF PARKER: I wish to repeat what
I told you at lunch last week. As a Cali-
fornian, I take great pride in the integrity
and the ability of the Los Angeles Police De-
partment under your leadership. I have
abundant reason to know what I say. The
recent investigation which your Department
undertook, at my request, demonstrated a
high degree of skill in uncovering a complex
series of well hidden facts, by which your
Department established the commission of
an evil crime against society.
The investigation did more. It reflected a
dedicated devotion by your Department to
its public trust.
With my sincere thanks,
Very sincerely yours,
THOMAS H. KUCHEL,
U.S. Senator.
CITY OF Los ANGELES, CALIF.,
OFFICE OF THE CHIEF OF, POLICE,
Hon. THOMAS H, KUCHEL,
The U.S. Senate,
Washington, D.C.
DEAR SENATOR KUCHEL: Thank you so very
much for your expression of confidence and
support concerning the manner in which offi-
cers of this Department are performing their
duties.
I am uncommonly proud of the especial
tribute you have paid to the officers who were
assigned to the recent investigation.
Be assured that they shall know of your
gratefulness for their efforts in your behalf.
Sincerely yours,
W. H. PARKER,
Chief of Police.
THE AIRLINES STRIKE
Mr. LAUSCHE. Mr. President, in the
President's message on the state of the
Union he said:
I also intend to ask the Congress to con-
sider measures which, without improperly
invading State and local authority will
enable us to deal effectively with strikes
which threaten irreparable damage to the
national interest.
That message was delivered last Jan-
uary. No implementing legislation was
recommended.
The status of the Nation in being at
the mercy of labor leaders is now identi-
cal with what it was on the night the
message on the state of the Union was
presented to Congress. Undoubtedly,
when the President made that state-
ment, he had in mind the paralysis
that the city of New York suffered when White House cannot say, "We will not
it was subjected to a strike against the intervene." The problem is too serious.
metropolitan transportation system.. The I say to the Senator from New York,
impact of that strike was still vivid with it is my hope that we will not, at the end
the President and the people of the Na- of this strike, find ourselves in the same
tion, and, in my opinion, it was on that position that we were in at the end of
basis that he said he would present to the New York metropolitan transporta-
the Congress ways and means of pro- tion strike. Something must be done to
tecting the country against work stop- permanently deal with this problem, and
pages which caused irreparable damage I intend to continue speaking on the sub-
to the economy. ject. I have one view of how it should be
The question now is, Does the strike done, the Senator from New York has
of the airlines involve a national inter- another; others may propose other
est? My position is that to contend to means. But some effective instr umental-
the contrary is ridiculous. The strike ity must be created.
does involve the national interest. It Mr. JAVITS. Mr. President, we Sena-
comes completely within the letter and tors generally get to know one another
the spirit of what the President said to
the Congress last January.
That the national interest is involved
is quite pointedly demonstrated when
we recognize that the Continental Air
Command has had to institute an emer-
gency airlift to carry soldiers returning
from or en route to South Vietnam and
to facilitate other military operations.
However, even apart from the problem
of transporting military men, the strike
has caused economic damage in untold
amounts and has subjected the citizenry
to an inconvenience which is wholly
unjustified.
Last week I presented to the Senate a
bill the provisions of which declared that
after conciliation and mediation, under
the Railway Labor Act, a finding had
been-
The ACTING PRESIDENT pro tem-
pore. The Senator's 3 minutes have
expired.
Mr. LAUSCHE. Mr. President, I ask
unanimous consent to have 2 or 3 addi-
tional minutes.
The ACTING PRESIDENT pro tem.-
pore. Is there objection? Without ob-
jection, the Senator may proceed.
Mr. LAUSCHE. After the preliminary
instrumentality had been exercised and
no adjustment had been made of the
dispute, the President, under my bill,
would be empowered to create a five-man
board, three to represent the public, one
the striking unit, and one the employers.
That five-man board is granted plen-
ary powers to take testimony and finally
render judgment on what has been done.
That judgment is final, except if there
be a digression from the procedural pro-
visions of the law.
On the following day, the Senator from
New York [Mr. JAVITS] introduced a bill,
contemplating creating an instrumental-
ity of the Government that would make
possible the termination of a dispute of
the type involved. I shall not attempt
to describe the provisions of his bill. My
understanding is that certain prelimi-
nary instrumentalities are used, and if
those instrumentalities do not produce a
settlement, he would then give jurisdic-
tion to the U.S. courts to appoint a re-
ceiver and operate the system, with all
parties being in status quo except that
the receiver is opeisating the system.
The point I wish to make is this: Not
one word is heard from the White House
about either Senator JAVIT's bill or mine.
I know of no condition that would more
urgently demand some expression. The
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
 Approved For Release 005/ CIA- 00446R000400090010-
July 18, 1966 CONGRESS ION R - 5239
is. And so you have Rembrandt and Chur- have given to us this lunchtime, it was to Northern Hemisphere from Down Under.
chill on this particular picture. me, I repeat, a disappointment that we Here in this country is the resolution to see
But there was a moral in it, of course, for didn't hear more of what was going on in this the job through where the difficulties lie and
me. My countrymen won't like me describ- area of the world which contains half the. eager determination to take up the oppor-
ing them as mice. Indeed we produce the human race, which by the end of the cen- tunities in comradeship and collaboration
largest rat in the world. It stumps itself tury will contain rather more than half the with those of us who live in the area to make
along and calls itself a kangaroo. human race, because the rate of increase something of Asia which will mark a new
But I remember the moral of the fable there is significantly greater than in the area and hopeful phase in the history of mankind.
was that little friends may prove great of Western Europe or even in these United Mr. President, this is the sort of hope you
friends. In a sense, my country is a little States. leave with me and which I take back to my
friend, because there are less than 12 million But you and your colleagues have shown country.. And it is a stirring thing. It is a
of us. your own awareness of the problems of that comforting thing. It is a heartening thing
But think of the men that this country area and your determination to play a sig- to be able to feel that we can go on through
produced when there were 2% million of nificant part in seeing those of us who live the many difficulties which face a small peo-
you and you signed the Declaration of Inde- there through the challenges and through pie in a large continent with hundreds of
pendence. I have often marveled at the the opportunities which lie ahead for us. millions of people of different race, different
greatness of the men you produced from In England I found some disappointment history, different tradition, different religion,
that small community at that time. in the fact that Great Britain, and even different outlook immediately about us, but
I think it was Smuts who said that the more so the other countries of Western Eur- confidently facing that future, because we
t the fri ndshi our own en-
o
n e
i
i
th
t
great countries are the countries which pro-
duce great men, and you produced great men
as early as the period in which you had
something less than 21/a million.
Washington, himself, Jefferson, Franklin,
Alexander Hamilton. You know the list of
them so much better than I. But these are
men whose names stand in the common
heritage of democracy and freedom around
the world.
I talked about myself. "Perhaps I could
return to that for a moment, because we
have so many distinguished press represent-
atives and columnists and people of that
sort here. I had a recent example in Lon-
don of how important correct reporting can
be.
My wife was interviewed by the press
while she was there and was asked what she
had been doing. Naturally, being the wife
of a politician, she was quite cautious about
this.. So they asked her if she had been
doing any shopping.
You know nothing can embarrass a politi-
cian any more than to have it reported
that his wife had been doing a lot of ex-
pensive shopping. So she said that she had
bought a couple of white mice.
This was solemnly reported back in Aus-
tralia. Then the cables started to flow in
the most intriguing jargon of the public
service of the Commonwealth pointing out
that the import of white mice into Australia
was. prohibited under our quarantine ar-
rangements; that these white mice would
have to be exterminated, if they arrived; it
would be very embarrassing for all concerned
if the wife of the Prime Minister had to be
subjected to this treatment.
Now if the press had only added what was
the fact, that these white mice were made of
china and were designed for our grandchil-
dren, then everybody would have been happy.
But I have had, Mr. President, on this
journey, memorable, unforgettable, and very
stirring experiences. And you, sir, have con-
tributed notably to these in ways which my
country will not forget and certainly I shall
not. And then in England, of course, I have
these memories, also.
But one would expect to find some dis-
appointments along the way and I found one
here. I found one when I went to England.
Perhaps there were others, but these are the
ones I mention.
The disappointment I found here was to
discover how little of the total story of what
is going on in the Pacific area was reaching
There
h the columns of the press
u throu
.
g
yo
was a vivid, dramatic, day-to-day reporting done and perhaps because we come from
of the military operations in South Vietnam great open spaces and can draw a big fresh
and this, I suppose, is the first war which breath from the country in whioh we live
has been fought on a television screen for and breathe that we tend to take the long
most people, and, therefore, not necessarily view, perhaps the visionary view.
the most objectively understood by most But the visions help to provide the causes
people. and the causes help to evoke the qualities
And so I was disappointed that while I that are the best that lie within us.
knew of the feeling and appreciation that And we share this great cause in the Asia
your own Administration has for this area of the future.
and its problems, and you have given elo- This, to me, has been one of the really
quent testimony' to that in the words you heartening experiences of my journey to the
p,
eus
our ow
a
bel
eve
ope, seem to be almost obliv
existence of that area of the world, almost terprise, our own willingness to join in the
as if they had quite deliberately turned their task of Asia we will build ourselves new
backs upon a large part of life, history, and friendships that will see us through the
experience in these modern times, because difficulties that we face.
so much that is stirring and exciting in these And underlying it all will be the knowledge
modern times is occurring in this area of the that we have a friend, a very powerful friend
world. whom you symbolize on this occasion. Thank
To bring out the best in the people of you. For meaning that strength and that
a country, you need a cause that will stir inspiration that is heartening to us all.
the pulse. We have, I am glad to say, several In that spirit, fromJAuMralj&a, I salute the
PLIGHT OF CAPTIVE AIRMEN IN
NORTH VIETNAM
(Mr. WOLFF (at the request of Mr.
SCHIMDHAUSER) was granted permission
to extend his remarks at this point in the
RECORD and to include extraneous
matter.)
Mr. WOLFF. Mr. Speaker, I am
deeply disturbed by increasing reports
that North Vietnam plans to try cap-
tured American airmen.
The U.S. Government must make it
abundantly clear to the leaders in Hanoi
that such a course would invite the
gravest of consequences. I think I can
say with assurance that the American
people would demand a swift and mighty
response if such trials were to result in
harm to American prisoners.
But most important, the cause of peace
in Vietnam would receive a tremendous
setback.
Mr. Speaker, Hanoi must not be al-
lowed the dangerous notion that Amer-
ica's earnest desire for peace would
prevent the American people from re-
sponding to this treatment.
Although opinion in this country
differs on the subject of U.S. Involvement
in Vietnam, the American people would
surely unite in demanding the sternest
of measures if our men were subjected
to trials in defiance of the humane treat-
ment required by the Geneva Conven-
tion.
Hanoi must be made to understand in
advance that trying American prisoners
could deal a fatal blow to the world's
hopes for peace in Vietnam.
this time; the problem of developing a large
continent, of bringing people in from so
many different countries, the challenge of
great projects which have to be opened up,
the comparatively recent discovery-
Perhaps I should, in saying this, mollify
what one has said in a critical vein of these
other countries, because it is only in com-
paratively recent times that we, in Australia,
have become conscious and sensitive to the
fact that we, by force of geography and cir-
cumstance and the history of the future,
have a significant place in Asia and, in par-
ticular, in the Asia of tomorrow.
These were the disappointments.
On the other hand, Mr. President, I was
to find in the United Kingdom an expression,
on behalf of the Prime Minister, of deter-
mination to support your presence in Viet-
nam, recognition of the need for the two
great democracies of the United States and
the United Kingdom to maintain a close
comradeship in the affairs of the world.
And you will shortly be visited by the
Prime Minister, again keeping close and
warm the link between these two demo-
cracies whose leadership means so much to
the well-being of mankind.
But the primary responsibility of that
leadership falls upon you as the head of
the mighty nation which these days leads
the free world. It is an awesome responsi-
bility and it is fortunate for all of us who
value freedom, the opportunities, and li-
berties of free men that we should have, as
the leader of this great democracy in turn
leading the free world, a man of your own
courage, character, and resolution.
And the lesson that we shall carry out to
the rest of the world and, indeed, I know
this is the judgment of the Prime Minister
of Great Britain, is that here we have a man
of resolution determined to see the issues in
Vietnam through to the end, however diffi-
cult or long that task may be.
But you and I, as men who have this stir-
ring of the pulse for the things that can be
(Mr. GONZALEZ (at the request of
Mr. SCHMIDHAUSER) was granted per-
mission to extend his remarks at this
point in the RECORD and to include extra-
neous matter.)
[Mr. GONZALEZ' remarks will appear
hereafter in the Appendix.]
Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
 Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
15240 CONGRESSIONAL RECORD - HOUSE
THE AIRLINE STRIKE-AN EXER-
CISE IN DEMOCRACY
(Mr. GONZALEZ (at the request of
Mr. SCHMIDHAUSER) was granted permis-
sion to extend his remarks at this point
in the RECORD and to include extraneous
matter.)
Mr. GONZALEZ. Mr. Speaker, as the
current airline strike enters its second
week, no individual has greater reason
to regret and be inconvenienced by the
loss of transportation than myself. I
have made a round trip to my home dis-
trict in San Antonio, Tex., from Wash-
ington, D.C., every weekend that the
House has been in session since I came
here after my initial election to Congress
in 1961. These trips are an essential
part of my routine and of my responsi-
bility to my district, as I see it. So I
view the airline strike from the vantage
point of a veteran traveler of the airlines
and a weekend commuter.
Still, I firmly believe that this airline
strike, and any strike not in violation of
the law of the land, is an exercise in
American democracy. The right to
strike is a vital element of our system.
The loss of this right would help to close
our open society. I am therefore con-
cerned over the amount and the tone of
the criticise and the animosity directed
against the employees involved in this
strike.
Without full knowledge of the intri-
cate details involved in the controversy
with the airlines, I do not feel competent
to comment on the merits of the 'pro-
posals of either side. But from the in-
temperance of the criticism that has
been spoken and written, it is clear that
many of the critics are equally incompe-
tent. For the most part, however, they
represent the longtime foes of collective
bargaining and the workingman. To
them the fact, which even I am aware
of, that the airlines the enjoying record-
breaking corporate profits and unprece-
dented prosperity, does not indicate that
the claims of the employees may be just
and reasonable. These traditional anti-
union spokesmen are one sided and nar-
row minded and they will perhaps never
comprehend the contributions that the
free union movement has made to the
growth and development of this country.
Some of them go so far as to advocate
compulsory arbitration. They some-
times condition their demand for com-
pulsory arbitration by qualifying it for
cases involving the national interest
only. But in these days national and
even international business organiza-
tions, of mergers and consolidations,
how easy it is to establish a case for the
national interest in almost any strike.
Fortunately, the labor-baiters are in the
minority and the vast majority of the
people support the right to strike.
I therefore say that the machinists,
members of the International Associa-
tion of Machinists-IAM-are to be
commended for protecting and exercis-
ing the rights of every workingman.
They are acting in the finest tradition of
the Nation. It should be pointed out
that in exercising this right, there has
been no interruption of work on military
airlift flights, miltary charter fights,
flight simulators, and training flights.
To those who can offer as a solution
only the interference of the Federal Gov-
ernment, I say what the President has
indicated: Let labor and management
work out their own difficulties within the
framework of collective bargaining.
(Mr. HANSEN of Iowa (at the request
of Mr. SCHMIDHAUSER) was granted per-
mission to extend his remarks at this
point in the RECORD and to include extra-
neous matter.)
[Mr. HANSEN of Iowa's remarks will
appear hereafter in the Appendix.]
VICE PRESIDENT HUMPHREY
SPEAKS AT MICHIGAN STATE
UNIVERSITY AND WEST POINT
(Mr. HANSEN of Iowa (at the request
of Mr. SCHMIDHAUSER) was granted per-
mission to extend his remarks at this
point in the RECORD and to include ex-
traneous matter.)
Mr. HANSEN of Iowa. Mr. Speaker,
Vice President HUBERT HUMPHREY is a
man with a long and distinguished career
of public service. He has served his
country as mayor of Minneapolis, as U.S.
Senator for 16 years, and now as our Vice
President.
HUBERT HUMPHREY is a man of tremen-
dous versatility and range of interests.
Among the achievements in which he has
played a major role are the bills which
created the Arms Control and Disarma-
ment Agency, the Peace Corps, the food
stamp program, the food-for-peace pro-
gram, and the National Defense Educa-
tion Act. He was also instrumental in
passage of the nuclear test ban treaty
and the Civil Rights Act of 1964. These
are but a few of his many accomplish-
ments.
Perhaps the greatest of the Vice Pres-
ident's interests is in education. He has
said:
I can think of no item of legislative busi-
ness which is more important than educa-
tion. If this Nation is to continue as a
leader of the world, we must make sure
that our children are trained and educated to
live in this age of scientific revolution.
Recently, the Vice President again
demonstrated his interest in our students
and future leaders by addressing them at
commencement ceremonies. I submit
for the RECORD the speeches by the Vice
President at commencement programs
at Michigan State University and West
Point. I Believe they are worthy of care
ful reading and attention:
REMARKS OF VICE PRESIDENT HUBERT H. HuM-
PHREY, MICHIGAN STATE UNIVERSITY, EAST
LANSING, MICH., JUNE 12, 19 66
HUBERT HUMPHREY feels a kinship with
college students.
I like to be where the action is.
I was raising Cain with the system before
you were born, and as I am just beginning
to get started, I don't doubt that I will be
raising Cain when you are running things
too.
In fact, I wish I were being graduated to-
day. I might have a better idea where my
next job is coming from.
Today I speak in a relatively new role. I
speak for management.
As management's spokesman, I wish first
to thank you for service to your nation.
In all these years of study, I ain sure you
July 18, 1966
thought you were improving your position
to compete in the years ahead or to enter a
profession. But you today are more than
college graduates.
From management's viewpoint, you are
valuable national resources.
More Americans are in7 college this year
than all the Americans alive when our na-
tion was founded. More Americans are in
graduate schools today than all the Ameri-
cans who bore arms during the Revolution.
Those are lots of resources.
And we will need them all.
For by the time one of you is likely to stand
in this place at some future Commencement,
the American people will number more than
300 million-and the people in the world al-
most too many to even think about.
And I need not recite for you the future
needs and problems of those people.
You will be in charge. You will be respon-
sible for our national security and my medi-
care.
You will be responsible for the education
of my grandchildren and the freedom of my
great-grandchildren.
So I propose to take a look at you and have
a talk with you.
But, first, about your parents.
It may be hard to believe but, in another
century's history books, the very people who
have been helping with your tuition may be
ranked among the greatest radicals in mod-
ern history.
Some of your parents might flinch if you
told them there were radicals in your fam-
ily. But they have been nothing less.
Theirs is the first generation in all of
history which, by its own hand, has surrend-
ered the privilege of telling its offspring: This
is how things are; this is how they always
have been; this is the way the world goes.
Your fathers and mothers were born
children of hills and valleys. Today they
see the galaxy ifself.
They have created amazing new systems of
management, science and technology.
They have found new and better systems
to care for people.
And I have been right in the midst of it
with them, just as I am with you.
I am not going to bore you with tales of
the Great Depression, or of World Wars, and
of the hardships your parents faced.
Nor will I recount the struggles that took
place in our country to achieve the measure
of well-being and social justice we have
reached today.
But I can tell you, it has been no picnic.
It has been no improvised "happening."
It has taken involvement, and hard work,
and study, and self-doubt, and passionate
disagreement, and finally, understanding and
motion.
Progress has ridden no fast express. It has
been a local all the way.
Thus, as older generations welcome you
aboard, I think you ought to know that
they've not been cooling their heels waiting
for you.
The generation of your parents has lived
amid the floodwaters of history.. Most of
them have known genuine hardship. Many
of them have lost loved ones on other con-
tinents. Their old horizons have gone far
off in space, yet they have followed, cautious
but willing. The world has come to their
dinner table, and at times has seemed to
stay a long while, yet they remain hospitable.
.They have made history. Yet to many of
you, I know, it seems "the heavy hand of
history."
Remember this: The challenges they have
faced didn't leave room for some of the
niceties of today.
They have had to meet trouble in large
sizes.
They have had to feed and clothe and
house and transport and produce and edu-
cate and struggle in big portions, just to
overcome the clear and present perils of their
time.
Approved For Release 2005/06/29-: CIA-RDP67B00446R000400090010-8
 Approved For Release 2005/06/29 : CIA-RDP67B00446R000400090010-8
especial day to dedicate an enduring sym-
bol. It is a high hen for me to ,iof you
in this act f d i t n us RI un-
veiling this a e -t v those
early Amer ics cp t d I rst official
celebration ,Q a jf July.
SAIGOI AI S REINS OF CIA's
SCHOOL'
Mr. McCARTHY. Mr. President, the
New York Times of this morning Pub-
lishes a somewhat serious and confused
story about the CIA school in Saigon.
I find it rather difficult to understand
just what happened. However, as nearly
as I can understand, the school run by
the CIA was Infiltrated and taken over
by a third force group which was con-
ducting propaganda against the propa-
ganda line being presented by the CIA.
I read a paragraph from the article:
The changeover of the training program
took place in mid-Juno in a dramatic con-
frontation at the seaside city of Vungtau. It
came after political instructors in the rural
.pacification training school there seized a
supply of arms and threatened to resist a
change in the leadership of the school,
it seems rather contradictory that a
classification school group should seize
the arms in order to take over the leader-
ship of the school.
The article further states, quoting in
this case a Vietnamese source:
"But we cannot have the cadre controlled
by one political party," said one Vietnamese
source. He added: "Also, there could never
be success in this program as long as Ameri-
cans seem to run it, and this is no criticism
of,the CIA. It has to be our program."
The final paragraph reads:
Actually, many employees of the agency
remain in the training and field supervision
program because there is no one to replace
them. But informed sources said the agency
was not happy to take a less prominent part
in what has become the largest overt pro-
As a res. :. n Government officials
have taken from the Central Intelli-
gence Agenc is program for training
the "rovolr, development cadre"-
armed expert ._ . political propaganda.
The anti-Government indoctrination was
conducted by a South Vietnamese army ma-
jor, employed by the C.I.A., who spread the
doctrine of a highly nationalistic political
society of the Dal Viet, political party, The
doctrine was neither pro-Conununist nor did
it subscribe to salvation through the present
Government.
South Vietnamese sources consider this to
be a third-force doctrine that waits only for
a propitious moment to seize power.
The major, Le Xuan Mai, is believed to
have infiltrated a considerable part of South
Vietnam's propaganda and pacification teams
with cells of workers indoctrinated in this
third-force philosophy.
The changeover of the training program
took place in mid-June in a dramatic con-
frontation at the seaside city of Vungtau.
It came after political instructors in the
rural-pacification training school there seized
a supply of arms and threatened to resist a
change in the leadership of the school,
In the end, the "struggle force" formed by
the instructors bowed without violence to the
wishes of the Saigon Government.
TAKEOVER FROM C.T.A.
The most important result of the affair
appears to be that the South Vietnamese
officials have taken from the hands of the
United States Central Intelligence Agency,
which financed and controlled the program,
primary responsibility for the training of
members of a rural pacification cadre.
United states officials do not appear to
have consciously fostered the kind of politi-
cal indoctrination of the cadre that Maj.
Gen. Nguyen Due Thang, Minister of Revo-
lutionary Development, found offensive or
dangerous.
The training program and secret indoc-
trination had been devised by Major Mai,
Vietnamese sources said.
Major Mai has been dismissed as director
of the Vungtau training center, along with unacceptable to General Thang, the agency
two captains and about five political instruc- agreed to the change and to an assumption of
tors. Other instructors may be dismissed in much greater South Vietnamese control of
the future, the whole program.
An Important South Vietnamese official it should not be thought that Major Mai
ill -
Since this is described as an overt pie-
gram, I assume that information about it will take support from any American group, members of his political party. Many were
but we must have control of this program." already under strong political influence from
could probably be given to the Senate by TIOW PROBLEM DEVELOPED other groups in their home provinces. It is
those Members of the Senate whom the As pieced together from various inform- difficult, in fact, to assess accurately just how
Senate last week decided could be ants, this is the story: much effect the indoctrination had.
trusted with the deep secrets of the CIA. Other United States and South Vietnamese "But we cannot have the cadre controlled
I hope that the members of that corn- agencies could not forsee or appreciate the by one political party," said one Vietnamese
mittee will look into this matter and, if necessity for armed propaganda teams to source. He added: "Also, there could never
be
possible, satisfy themselves about it. If combat similar Vietcong organizations. But success in this program as long as Amen-
they see no danger in the security of the the C.I.A. did grasp this need. By the end cans seem to run it, and this is no criticism
country, I hope they will inform the of 1965, the agency had trained about 19,000 ' of the C.I.A. It has to be our program."
members of Political Action Teams. Actually, many employes of the agency
to of situation. Senate as the facts this con- Although their effectiveness may have remain in the training and field supervision
Mr. President, I ask u unanimoous us con- program because there is no one to replace
sent that the article entitled "Saigon been exaggerated the teams w a now them. But informed sources said the agency
Takes Reins of CIA's School," written by aively effective in some areas. When a ne was not unhappy to take a less prominent
rural pacification program was evolved late part in what has become the largest overt
Charles Mohr, and published in, the New last year by South Vietnamese and United program in its history.
York Times of July 18, 1966, be printed States officials, both the existing Political
at this point in the RECORD. Action Teams and their training center at
There being no objection, the article Vungtau were visualized as the core of the THE HIGH COST OF THE AIRLINE
was ordered to be printed in the RECORD, new program.
as follows: General Thang was appointed Minister of STRI$E
[From the New York (N.Y.) Times, July 18, Revolutionary Development, or pacification. Mr. SYMINGTON. Mr. President as
196G] Ile in turn appointed Col, Tian Ngoc Chau,
a respected thinker on guerrilla warfare, as I am sure telegrams, letters and tele-
SATGON TAKCS REINS or C.LA: S SCHOOL director of cadre. phone calls received by every Member of
(By Charles Mohr) According to some South Vietnamese Congress reveal, the general public Is
SAIGON, SOUTH VIETNAM, July 17.-Large sources, it came to the attention of these becoming more insistent on action to
numbers of South Vietnamese who had been officials that Major Mai was a member of bring to an end the national airlines
hired to preach support of the Saigon Gov- something called the Duy Tan sect of the Dai strike, now in its 11th day,
ernment were secretly indoctrinated to be- Viet or Greater Vietnam political party.
Rove the Government was unworthy of sup- As interpreted by Major Mai, the doctrine In my own State of Missouri, Trans
port, it was dtsclasedA FdVe 'o'ff el }y$?, r World Airlines has furloughed 5,977 em-
W~rAbU a''tei6albit~ 1 dOWSR 400090*14date loss, un-
namese sources.
July 18, 1966
governments in Saigon offered salvation to
the Vietnamese people.
T1IIRD-FORCE PNMOSOPI[Y
He is thus accused of having taught a
third-force philosophy at Vungtau, centered
on the idea that members of a political action
team should appear to support the Govern-
ment but wait for the right moment when it
could be replaced with a more idealistic
movement.
There may have been a certain anti-Ameri-
can tone to this indoctrination, but it was
neither pro-Vietcong nor corrupt, observers
concede.
According to unverifiable reports, Major
Mai and his assistants may have placed four-
man Duy Tan cells in each Political Action
Team platoon graduated from Vungtau and
in each 59-man rural pacification team grad-
uated from the first class of 4,500 such work-
ers. This is in addition to open training and
spare-time indoctrination of all other mein-
Major Mai, the sources said, also built
subtly for the future, He conceived an em-
blem for the Political Action Teams built
around the letter "T" superimposed on the
letter "H," which ostensibly represented a
Vietnamese slogan meaning "Service
Through Sacrifice."
But the "T-H" symbol is also that of the
Duy Tan sect of the Dai Viet party.
General Thang moved cautiously at first
but in mid-June, after the first class of the
pacification cadre had been graduated and
before the second enrolled, General Thang
sent Colonel Chau to be commandant of the
camp over Major Mai.
Different versions of the events that fol-
lowed can be heard. The versions generously
agree that Major Mai's subordinates formed
a "struggle" group to demand that Colonel
Chau return to Saigon and that the camp be
left undisturbed. They also agree that po-
litical instructors seized some arms.
C.I.A. officials urged a compromise under
which Major Mai would have been retained