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FROM KOJE-DO TO PANMUNJOM: THE PROBLEM OF REPATRIATION OF PRISONERS OF WAR DURING THE KOREAN ARMISTICE NEGOTIATIONS By Joseph H. Poles A Thesis Submitted to the Faculty of The Sc hmidt College of Arts and· Humanities in Partial Fulfillment of the Requirements for the Degree of Master of Arts Florida Atlantic University Boca Raton, Florida May 1997 Copyright by Joseph H. Poles 1 99 7 i i FROM KOJE-00 TO PANMUNJOM: THE PROBLEM OF REPATRIATION OF PRISONERS OF WAR DURING THE KOREAN ARMISTICE NEGOTIATIONS by Joseph H. Poles This thesis was prepared under the direction of the candidate's thesis advisor, Dr. John O'Sullivan, Department of History and has been approved by the members of his supervisory committee. It was submitted to the faculty of The Schmidt College of Arts and Humanities and was accepted in partial fulfillment of the requirements for the degree of Master of Arts. SUPERVISORY COMMITTEE: Thesis 0d't' Chairperson:;:artment of History The Schmidt College of Arts and Huma iii ACKNOWLEDGMENTS Dr. John O'Sullivan's guidance in the preparation of this manuscript was immeasurable. His input and guidance throughout the entire phase of this project was invaluable. I would also like to thank Dr. Patricia Kollander and Dr. Tsung-1 Dow for their aid in this project. Their interest and direction were vital in completion of this thesis. I would also like to acknowledge the efforts of Mrs. Susan Leavitt who proofread this manuscript. iv ABSTRACT Author: Joseph H. Poles Title: From Koje-Do to Panmunjom: The Problems of Repatriation of Prisoners of War During the Korean Armistice Negotiations Institution: Florida Atlantic University Thesis Advisor: Dr. John O'Sullivan Degree: Master of Arts Year: 1997 The repatriation of prisoners of war during the Korean Conflict presented the greatest problem to the armistice negotiators trying to end the fighting. Problems arose in the interpretation of various articles of the Geneva Convention of 1949 as it related to prisoners of war. The Communist interpreted these articles to mean that prisoners of war had to be repatriated back to their country of origin. The United Nations position was that the intent of the Geneva Convention meant that prisoners of war had a choice. This war within a war prolonged the Korean Conflict for more than one year. As Admiral C. Turner Joy, chief UNC negotiator stated: "Voluntary repatriation cost us over a year of war and cost us our United Nations Command prisoners in Communist camps a year of captivity." Because of these negotiations, a precedent was set for future repatriation of POW's. v TABLE OF CONTENTS INTROD UCTION.•.•.•..•....•...•....• •..••..•••.•.•.•..•....•.••......•...•..•.•....•...•.......••.•••.............. 1 Chapter 1. EVOLUTION OF THE ARMISTICENEGOTIA TIONS •••••.••••...•••.•••.••••••....• 9 2. KOJE-DO: A WAR WITHIN A WAR •.••...•...•.•..•...•..•.•...............•.••... ..••.... 57 3. s-r-ALEMA TETO ARMISTICE•••••.••••••.••...••••...••...••.•.•...••. ••.•.••.•••.•...•...•..•. 82 4. THE KOREAN ARMISTICE AND THE AFTERMATH .•.....•...•••...••..•..... 134 CONa.lJ.SION••..••...•.•.•.•.. •••.••••••••.•••••••..••.•.•...••••.••.••.••..•...•.•....•..•••.•.••••• •••••••...••.• 160 Appendix A. CHRONOLOGY OF THE ARMISTICE NEGOTIATIONS FROM JUNE1, 1951 TO JULY27, 1953.•...•................... .......•.....••.....•...•. 170 B. PLENARY MEMBERS OF THE ARMis-r-ICE DELEGATION •...•••••..•...• 172 C. REPATRIATED PRISONERS OF WAR ......•......•.....•......•.........•..........••. 1 74 D. NONREPATRIATED PRISONERS OF WAR •..•.••.••.•.•..••.•••••.•..••••••..••.••.175 E. BATTLE CASUALTIES OF THE KOREAN WAR......•..• .......•...•.••......••.176 F. AGREEMENT BETWEEN THE UNITED NATIONS COMMAND ON THE ONE HAND, AND THE KOREAN PEOPLE'S ARMY AND THE CHINESE PEOPLE'S VOLUNTEERS ON THE OTHER HAND, CONCERNING THE EXCHANGE OF SICK AND INJURED PRISONERS OF WAR••••••••••••..••••••••. ••••..•..••.•••..••.•.••..••..•••••..•••••..••..••.1 78 G. ARMISTICE LINE JULY27, 1953 •....•............•............•...•.......•.••......... 181 SELECT'E.DBIBUOG RAPHY•...•••••..•..•••.• ..•.•...•.•.....•.•..•.•...•..•••.•.•..•.•..•.•••..•..•.. 182 vi INTRODUCTION On July 27, 1953, two years and seventeen days after the beginning of negotiations to end the Korean Conflict, an armistice was signed at Panmunjom, Korea. Thus ended the fighting that brought into direct confrontation the United Nations Command, Republic of Korea, North Korean People's Republic, the Peoples Republic of China, and, indirectly, the U.S.S.R.1 Of the items of discussion in the armistice talks, the one that caused the most difficulty and took the longest to resolve, dealt with prisoners of war. This thesis concerns the problems of repatriation of prisoners of war and how the failure of the United Nations Command and Communist negotiators to agree on this issue extended the Korean Conflict for over one year. Previous research on this topic has examined the legal and humanitarian aspects of the interpretation of the Geneva Convention of 1 949 and how it was applied to the repatriation of prisoners of war. The legal position reflected the Communists' literal interpretation of Article 1 18, which stated that prisoners of war had no choice but to be repatriated to their individual countries. As Andre Vyshinsky, United Nations delegate from the Soviet Union put it, "there is no need to look behind the words in Article 118; captor states are obligated to repatriate all prisoners of war without 2 exception. " 1 The UN armistice delegation chose not to acknowledge this position. They believed that the Geneva Convention was designed for the protection of prisoners of war and that it was written based on humanitarian principles. Citing the climate of opinion that existed after World War II, delegation members claimed the articles intended that prisoners of war had a choice on whether to be repatriated or not. Previous research on the Korean Conflict has underplayed the UN's emphasis on a humanitarian solution to the POW problem. Though many books have been written about the war, surprisingly, few have dealt exclusively with the POW repatriation conflict. Most works that have appeared on this aspect of the subject are dated. Many of these deal with the reasons for the conflict, the battles, conditions in the POW camps, the armistice negotiations, and the repatriation problem in general, but do not concentrate on how the POW repatriation conflict extended the war for an additional year. A dissertation by Myong Whai Kim entitled Prisoners of War as a Problem of the Korean written in 1960 focused on the question of PO�'s. Kim attempted to prove that prisoners of war should not be repatriated by force if their refusal to return to their countries is based on good faith. 3 George Alapatt's 1958 dissertation entitled The of the of War Prisoners in Relation to the Korean Armistice and in View of the Division of Korea examined the creation, organization and work of the Neutral Nation's Repatriation Commission in implementing the exchange of Korean POW's. 4 A dissertation entitled The Korean Armistice by Jaroslav 2 J. Brazda submitted in 19 5 6 examined why it took nearly two years to negotiate the armistice. The author examined the political considerations, Cold War tensions and complexities caused by United Nations involvement.5 These authors individually examined the repatriation from differing viewpoints, but with the exception of Brazda, who argued political and Cold War reasons for the war's extension, no other author examined the war's continuation due entirely tQ the POW repatriation issue. Pittman B. Potter's article entitled "Repatriation of Prisoners of War" published in 1952, pointed out that particular circumstances in the Korean War had led to the possibility that some repatriated prisoners from North Korea or Communist China might be mistreated by their governments. This article addressed the legal question regarding whether the POW's should be returned, and concluded that 6 the Korean Conflict altered previous principles of repatriation. Jaro Mayda's 1953 article entitled "The Korean Repatriation Problem and International Law, 11 traced the historiography of prisoner of war problems from the 1918 Treaty of Brest-Litovsk that ended Russian participation in World War I up until to the Korean armistice talks. Mayda examined prisoners' rights under the various articles of the Geneva Convention of 1949 and discussed voluntary versus involuntary repatriation. He questioned the interpretation and 7 applicability of existing law as it was applied in Korea. Jeffrey E. Rockwell's 1973 article entitled "The Right of Nonrepatriation of Prisoners of War Captured by the United States, 11 examined the legality of the repatriation issue and discussed the reasons why various articles in the Geneva Convention of 1949 were framed. The 3 author argued that the individual had a personal right to refuse repatriation.8 Jan P. Charmatz and Harold M. Wit, writing for The Yale Law Journal in 1953, examined some of the same issues as Rockwell and discuss in detail the U.S.S.R.'s interpretation of the 9 articles pertaining to prisoners of war. All of the above authors have analyzed the question of the rights of prisoners under the Geneva Convention concluding that legally the individual's rights have precedent over the rights of states. Walter G. Hermes's Truce Tent and Front written in 1966 is the official Army account of the truce negotiations held at Kaesong and then Panmunjom between July 1 951 and July 1 953. The book detailed the offers and counteroffers
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