dress of September 2, 1953, made clear that the United States would take a grave view of any future overt military Chinese Communist aggression in relation to the Pacific or Southeast Asia area. Such an aggression would threaten island and peninsular positions which secure the United States and its allies. If such overt military aggression occurred, that would be a deliberate threat to the United States itself. The United States would of course invoke the processes of the United Nations and consult with its allies. But we could not escape ultimate responsibility for decisions closely touching our own security and self-defense. There are some, particularly abroad, who seem to assume that the attitude of the United States flows from a desire for a general war with Communist China. That is clearly false. If we had wanted such a war, it could easily have been based on the presence of Chinese aggressors in Korea. But last July, in spite of difficulties which at times seemed insuperable, we concluded a Korean armistice with Communist China. How could it be more surely demonstrated that we have both the will to make peace and the competence to make peace? Your Government wants peace, and the American people want peace. But should there ever be openly launched an attack that the American people would clearly recognize as a threat to our own security, then the right of self-preservation would demand that weregardless of any other country-meet the issue squarely. It is the task of statesmanship to seek peace and deter war, while at the same time preserving vital national interests. Under present conditions that dual result is not easy to achieve, and it cannot be achieved at all unless your Government is backed by a people who are willing, if need be, to sacrifice to preserve their vital interests. At the Geneva Conference I said: "Peace is always easy to achieve― by surrender." Your Government does not propose to buy peace at that price. We do not believe that the American people want peace at that price. So long as that is our national will, and so long as that will be backed by a capacity for effective action, our Nation can face the future with that calm confidence which is the due of those who, in a troubled world, hold fast that which is good. (The Geneva Agreements theoretically_ended the war between French Union forces and the Vietminh in Laos, Cambodia, and Vietnam. These states were to become fully independent countries, with the last-named partitioned near the 17th paralell into two states pending reunification through "free elections" to be held by July 20, 1956. The United States and Vietnam are not signatories to these agreements.) 9. AGREEMENT ON THE CESSATION OF HOSTILITIES IN VIET-NAM, July 20, 19541 CHAPTER I-PROVISIONAL MILITARY DEMARCATION LINE AND Article 1 A provisional military demarcation line shall be fixed, on either side of which the forces of the two parties shall be regrouped after their 1 IC/42/Rev. 2, 20 July 1954. withdrawal, the forces of the People's Army of Viet-Nam to the north of the line and the forces of the French Union to the south. The provisional military demarcation line is fixed as shown on the map attached (omitted). It is also agreed that a demilitarized zone shall be established on either side of the demarcation line, to a width of not more than 5 kms. from it, to act as a buffer zone and avoid any incidents which might result in the resumption of hostilities. Article 2 The period within which the movement of all the forces of either party into its regrouping zone on either side of the provisional military demarcation line shall be completed shall not exceed three hundred (300) days from the date of the present Agreement's entry into force. Article 3 When the provisional military demarcation line coincides with a waterway, the waters of such waterway shall be open to civil navigation by both parties wherever one bank is controlled by one party and the other bank by the other party. The Joint Commission shall establish rules of navigation for the stretch of waterway in question. The merchant shipping and other civilian craft of each party shall have unrestricted access to the land under its military control. Article 4 The provisional military demarcation line between the two final regrouping zones is extended into the territorial waters by a line perpendicular to the general line of the coast. All coastal islands north of this boundary shall be evacuated by the armed forces of the French Union, and all islands south of it shall be evacuated by the forces of the People's Army of Viet-Nam. Article 5 To avoid any incidents which might result in the resumption of hostilities, all military forces, supplies and equipment shall be withdrawn from the demilitarized zone within twenty-five (25) days of the present Agreement's entry into force. Article 6 No person, military or civilian, shall be permitted to cross the provisional military demarcation line unless specifically authorized to do so by the Joint Commission. Article 7 No person, military or civilian, shall be permitted to enter the demilitarized zone except persons concerned with the conduct of civil administration and relief and persons specifically authorized to enter by the Joint Commission. Article 8 Civil administration and relief in the demilitarized zone on either side of the provisional military demarcation line shall be the responsibility of the Commanders-in-Chief of the two parties in their respective zones. The number of persons, military or civilian, from each side who are permitted to enter the demilitarized zone for the conduct of civil administration and relief shall be determined by the respective Commanders, but in no case shall the total number authorized by either side exceed at any one time a figure to be determined by the Trung Gia Military Commission or by the Joint Commission. The number of civil police and the arms to be carried by them shall be determined by the Joint Commission. No one else shall carry arms unless specifically authorized to do so by the Joint Commission. Article 9 Nothing contained in this chapter shall be construed as limiting the complete freedom of movement, into, out of or within the demilitarized zone, of the Joint Commission, its joint groups, the International Commission to be set up as indicated below, its inspection teams and any other persons, supplies or equipment specifically authorized to enter the demilitarized zone by the Joint Commission. Freedom of movement shall be permitted across the territory under the military control of either side over any road or waterway which has to be taken between points within the demilitarized zone when such points are not connected by roads or waterways lying completely within the demilitarized zone. CHAPTER II-PRINCIPLES AND PROCEDURE GOVERNING IMPLEMENTATION OF THE PRESENT AGREEMENT Article 10 The Commanders of the Forces on each side, on the one side the Commander-in-Chief of the French Union forces in Indo-China and on the other side the Commander-in-Chief of the People's Army of Viet-Nam, shall order and enforce the complete cessation of all hostilities in Viet-Nam by all armed forces under their control, including all units and personnel of the ground, naval and air forces. Article 11 In accordance with the principle of a simultaneous cease-fire throughout Indo-China, the cessation of hostilities shall be simultaneous throughout all parts of Viet-Nam, in all areas of hostilities and for all the forces of the two parties. Taking into account the time effectively required to transmit the cease-fire order down to the lowest echelons of the combatant forces on both sides, the two parties are agreed that the cease-fire shall take effect completely and simultaneously for the different sectors of the country as follows: Northern Viet-Nam at 8:00 a. m. (local time) on 27 July 1954 Central Viet-Nam at 8:00 a. m. (local time) on 1 August 1954 Southern Viet-Nam at 8:00 a. m. (local time) on 11 August 1954 It is agreed that Pekin mean time shall be taken as local time. From such time as the cease-fire becomes effective in Northern VietNam, both parties undertake not to engage in any large-scale offensive action in any part of the Indo-Chinese theatre of operations and not to commit the air forces based on Northern Viet-Nam outside that sector. The two parties also undertake to inform each other of their plans for movement from one regrouping zone to another within twenty-five (25) days of the present Agreement's entry into force. Article 12 All the operations and movements entailed in the cessation of hostilities and regrouping must proceed in a safe and orderly fashion: (a) Within a certain number of days after the cease-fire Agreement shall have become effective, the number to be determined on the spot by the Trung Gia Military Commission, each party shall be responsible for removing and neutralizing mines (including river- and sea-mines), booby traps, explosives and any other dangerous substances placed by it. In the event of its being impossible to complete the work of removal and neutralization in time, the party concerned shall mark the spot by placing visible signs there. All demolitions, mine fields, wire entanglements and other hazards to the free movement of the personnel of the Joint Commission and its joint groups, known to be present after the withdrawal of the military forces, shall be reported to the Joint Commission by the Commanders of the opposing forces; (b) From the time of the cease-fire until regrouping is completed on either side of the demarcation line: (1) The forces of either party shall be provisionally withdrawn from the provisional assembly areas assigned to the other party. (2) When one party's forces withdraw by a route (road, rail, waterway, sea route) which passes through the territory of the other party (see Article 24), the latter party's forces must provisionally withdraw three kilometres on each side of such route, but in such a manner as to avoid interfering with the movements of the civil population. Article 13 From the time of the cease-fire until the completion of the movements from one regrouping zone into the other, civil and military transport aircraft shall follow air-corridors between the provisional assembly areas assigned to the French Union forces north of the demarcation line on the one hand and the Laotian frontier and the regrouping zone assigned to the French Union forces on the other hand. The position of the air-corridors, their width, the safety route for single-engined military aircraft transferred to the south and the search and rescue procedure for aircraft in distress shall be determined on the spot by the Trung Gia Military Commission. Article 14 Political and administrative measures in the two regrouping zones, on either side of the provisional military demarcation line: (a) Pending the general elections which will bring about the unification of Viet-Nam, the conduct of civil administration in each regrouping zone shall be in the hands of the party whose forces are to be regrouped there in virtue of the present Agreement; (b) Any territory controlled by one party which is transferred to the other party by the regrouping plan shall continue to be administered by the former party until such date as all the troops who are to be transferred have completely left that territory so as to free the zone assigned to the party in question. From then on, such territory shall be regarded as transferred to the other party, who shall assume responsibility for it. Steps shall be taken to ensure that there is no break in the transfer of responsibilities. For this purpose, adequate notices shall be given by the withdrawing party to the other party, which shall make the necessary arrangements, in particular by sending administrative and police detachments to prepare for the assumption of administrative responsibility. The length of such notice shall be determined by the Trung Gia Military Commission. The transfer shall be effected in successive stages for the various territorial sectors. The transfer of the civil administration of Hanoi and Haiphong to the authorities of the Democratic Republic of Viet-Nam shall be completed within the respective time-limits laid down in Article 15 for military movements. (c) Each party undertakes to refrain from any reprisals or discrimination against persons or organizations on account of their activities during the hostilities and to guarantee their democratic liberties. (d) From the date of entry into force of the present agreement until the movement of troops is completed, any civilians residing in a district controlled by one party who wish to go and live in the zone assigned to the other party shall be permitted and helped to do so by the authorities in that district. Article 15 The disengagement of the combatants, and the withdrawals and transfers of military forces, equipment and supplies shall take place in accordance with the following principles: (a) The withdrawals and transfers of the military forces, equipment and supplies of the two parties shall be completed within three hundred (300) days, as laid down in Article 2 of the present Agreement; (b) Within either territory successive withdrawals shall be made by sectors, portions of sectors or provinces. Transfers from one regrouping zone to another shall be made in successive monthly installments proportionate to the number of troops to be transferred; (c) The two parties shall undertake to carry out all troop withdrawals and transfers in accordance with the aims of the present Agreement, shall permit no hostile act and shall take no step whatsoever which might hamper such withdrawals and transfers. They shall assist one another as far as this is possible; (d) The two parties shall permit no destruction or sabotage of any public property and no injury to the life and property of the civil population. They shall permit no interference in local civil administration; (e) The Joint Commission and the International Commission shall ensure that steps are taken to safeguard the forces in the course of withdrawal and transfer: (f) The Trung Gia Military Commission, and later the Joint Commission, shall determine by common agreement the exact |