U. S. POLICY WITH REGARD TO THE LAW OF THE WAR CONFERENCE

• Document Type: CREST
• Collection: Library of Congress
• Document Number (FOIA) /ESDN (CREST): LOC-HAK-259-3-4-7
• Release Decision: RIPLIM
• Original Classification: S
• Document Page Count: 3
• Document Creation Date: January 11, 2017
• Document Release Date: January 4, 2010
• Sequence Number: 4
• Publication Date: February 27, 1974
• Content Type: CABLE

No Objection to Declassification in Part 2010/01/04: LOC-HAK-259-3-4-7
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S E C R E T SENSITIVE EXCLUSIVELY EYES ONLY WH40562 25X1
TOHAK 33
TO LARRY EAGLEBURGER FOR SEC. KISSINGER
FEBRUARY 27, 1974
TO: SECRETARY KISSINGER
FROM: BRENT SCOWCROFT
SUBJECT t : ; k Y TM RE iARD TO 'TRE. LAW Or TNS..IIAR CO1t ? E E
WE NEED TO CONSIDER URGENTLY THE POSSIBILITY THAT THE PRG AND THE
DRUNK WILL BE SEATED AS FULL MEMBERS OF THE CURRENT LAW OF VAR
CONFERENCE, UNDER A VOTE THAT MAY BE TAKEN IN THE NEXT DAY OR 90,
STATE HAS BEEN CAMPAIGNING'AGAINST THE ADMISSION OF THESE TWO
PUPPETS WITH SOME VIGOR, BUT APPARENTLY WITH LESS PROSPECT OF
SUCCESS THAN ON LAST YEAR'S UN VOTE CONCERNING CAMBODIA. THE
DRV HAS CONDUCTED A VIGOROUS CAMPAIGN FOR THE PRG, INCLUDING
A STATEMENT THAT IT MIGHT BOYCOTT THE CONFERENCE IF THE PRG IS
NOT ADMITTED.
STATE TODAY HAS MADE A COUNT THAT SUGGESTS THE PRG VOTE COULD GO
EITHER WAY BY TWO OR THREE VOTES, WITH THE GRUNK POSSIBLY SNEAK-
ING IN.BY?AN-EQUAL OR. THINNER MARGIN. STATE HAS BEEN READYING
ITSELF FOR THE POSSIBILITY OF DEFEAT, INSTRUCTING SAIGON TO URGE
THE GVN NOT TO WALK OUT. IT HAS ALSO BEGUN TO PREPARE A FALL-
BACK COMPROMISE POSITION, UNDER WHICH WE WOULD ABSTAIN ON A VOTE
TO GIVE THE PRG OBSERVER STATUS IN ORDER TO HEAD OFF A VOTE ON
FULL MEMBERSHIP.
THE LAW OF WAR CONFERENCE IS NOT A UN-SPONSORED CONFERENCE. IT
HAS BEEN CALLED BY THE GOVERNMENT OF SWITZERLAND UNDER THE TERMS
OF THE GENEVA CONVENTIONS. WE HAVE AN INTEREST IN PARTICIPATING
BECAUSE THE QUESTION OF POW TREATMENT WILL ARISE AND BECAUSE WE
MORI/CDF
C03344231
ON-FILE NSC RELEASE
INSTRUCTIONS APPLY
WANT TO BE ABLE TO REFUTE THE MANY CRITICISMS THAT WILL BE MADE
No Objection to Declassification in Part 2010/01/04: LOC-HAK-259-3-4-7 OF OUR,T
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No Objection to Declassification in Part 2010/01/04: LOC-HAK-259-3-4-7
' THERE ARE TWO ISSUES FOJS: lw
ti to FURTHER TACTICS BEFORE THE VOTEt WHILE OUR BQLEGATION
AND OUR EMBASSIES HAVE BEEN CAMPAIGNING, THEY HAVE NOT YET GONE
SO FAR AS THE DRV IN SUGGESTING THAT WE MIGHT OURSELVES RECONSIDER
OUR PARTICIPATION IF THE PRG IS ADMITTED. WE COULD JUSTIFY SUCH
RECONSIDERATION ON GROUNDS THAT, WITH THE WORLD HEALTH ORGANIZA-
TION CONFERENCE AND THE LAW OF THE SEAS CONFERENCE COMING UP, WE
WANT TO MAKE CLEAR TO EVERYBODY THAT WE WILL NOT SIT STILL FOR
THIS SORT OF POLITICAL MANEUVERING AT EVERY INTERNATIONAL MEETING.
OBVIOUSLY, WE COULD NOT SO THREATEN UNLESS WE WERE PREPARED TO
WALK OUT IF THE VOTE GOES AGAINST US.
AS AN ALTERNATIVE, WE COULD PASS THE WORD MORE ACTIVELY THAT WE
WOULD BE PREPARED TO ACCEPT THE PRG (OR DRUNK) AS AN OBSERVER OR
TO ACCEPT THE PRG AS A MEMBER OF THE DRV DELEGATION, IN ORDER TO
HEAD OFF A VOTE ON FULL MEMBERSHIP. WE GATHER OUR CHIEF DELEGATE,
GEORGE ALDRICH, MAY HAVE STATED THIS IN PRIVATE DISCUSSIONS IN
GENEVA, BUT IT HAS NOT BECOME A FULL DIPLOMATIC EFFORT.
" t: PASS THE WORD THAT WE MAY RECONSIDER OUR PARTICIPATION.
APPROVE DISAPPROVE
MAINTAIN OUR PRESENT POSITION THAT WE WILL STAY AND
CONTINUE TO URGE THE GVN TO STAY EVEN IF THE PRO IS SEATED. /
APPROVE DISAPPROVE
PASS THE WORD WE WOULD BE PREPARED TO ACCEPT THE
PRG/GRUNK AS OBSERVERS OR TO ACCEPT THE PRO AS A MEMBER OF THE
,1
DRV DELEGA-___Objection to Declassification in Part 2010/01/04: LOC-HAK-259-3-4-7
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No Objection to Declassification in Part 2010/01/04: LOC-HAK-259-3-4-7
r 2. OUR ACTUAL PARTIdDATION IF THE VOTE GOES AGWNST USs HERE
HAVE TWO ALTERNATIVES. ONE IS TO PROTEST AND STAY, THE OTHER
IS TO WALK OUT. THE FIRST ENABLES US TO PARTICIPATE IN THE WORK
OF THE CONFERENCE BUT MEANS THAT WE WILL SEE THE PRG GAIN STATUS
AT THIS MEETING AND AT OTHERS, EVEN THOUGH THIS CONFERENCE MAY
NOT BE AN ABSOLUTE PRECEDENT SINCE IT IS NOT SPONSORED BY THE UN
(PERHAPS A DISTINCTION WITHOUT A DIFFERENCE). THE SECOND MEANS
FORSAKING OUR OBJECTIVES AT THE CONFERENCE, IRRITATING A LOT OF
COUNTRIES INCLUDING SWITZERLAND, BUT OBVIOUSLY SHOWING OUR DETER-
MINATION ON THIS ISSUE AND MAKING IT LESS LIKELY TO GAIN SUPPORT
IN THE FUTURE. IT DOES, HOWEVER, IMPLICITLY COMMIT US TO WALK
OUT OF OTHER CONFERENCES WHERE WE MAY HAVE A GREATER INTEREST
THAN IN THIS ONE.
WE PROTEST BUT STAY.
723
0992
APPROVE DISAPPROVE
WE WALK OUT.
APPROVE DISAPPROVE
No Objection to Declassification in Part 2010/01/04: LOC-HAK-259-3-4-7