Cambodian commander shall, within a specified period, authorize the exhumation and removal of the bodies of deceased military personnel of the other party, including the bodies of prisoners of war or personnel deceased and buried on Cambodian territory. The Joint Commission shall fix the procedures by which this task is to be carried out and the time limit within which it must be completed. CHAPTER IV JOINT COMMISSION AND INTERNATIONAL COMMISSION FOR Article 10. Responsibility for the execution of the Agreement on the cessation of hostilities shall rest with the parties. Article 11. An International Commission shall be responsible for control and supervision of the application of the provisions of the Agreement on the cessation of hostilities in Cambodia. It shall be composed of representatives of the following States: Canada, India and Poland. It shall be presided over by the representative of India. Its headquarters shall be at Phnom-Penh. Article 12. The International Commission shall set up fixed and mobile inspection teams, composed of an equal number of officers appointed by each of the above-mentioned States. The fixed teams shall be located at the following points: PhnomPenh, Kompong-Cham, Kratié, Svay-Rieng, Kampot. These points of location may be altered at a later date by agreement between the Government of Cambodia and the International Commission. The zones of action of the mobile teams shall be the regions bordering on the land and sea frontiers of Cambodia. The mobile teams shall have the right to move freely within the limits of their zones of action, and they shall receive from the local civil and military authorities all facilities they may require for the fulfilment of their tasks (provision of personnel, access to documents needed for supervision, summoning of witnesses needed for enquiries, security and freedom of movement of the inspection teams, etc.). They shall have at their disposal such modern means of transport, observation and communication as they may require. Outside the zones of action defined above, the mobile teams may, with the agreement of the Cambodian Commander, move about as required by the tasks assigned to them under the present Agreement. Article 13. The International Commission shall be responsible for supervising the execution by the parties of the provisions of the present Agree ment. For this purpose it shall fulfil the functions of control, observation, inspection and investigation connected with the implementation of the provisions of the Agreement on the cessation of hostilities, and shall in particular: (a) control the withdrawal of foreign forces in accordance with the provisions of the Agreement on the cessation of hostilities and see that frontiers are respected; (b) control the release of prisoners of war and civilian internees; (c) supervise, at ports and airfields and along all the frontiers of Cambodia, the application of the Cambodian declaration concerning the introduction into Cambodia of military personnel and war materials on grounds of foreign assistance. Article 14. A Joint Commission shall be set up to facilitate the implementation of the clauses relating to the withdrawal of foreign forces. The Joint Commission may form joint groups the number of which shall be decided by mutual agreement between the parties. The Joint Commission shall facilitate the implementation of the clauses of the Agreement on the cessation of hostilities relating to the simultaneous and general cease-fire in Cambodia for all regular and irregular armed forces of the two parties. It shall assist the parties in the implementation of the said clauses; it shall ensure liaison between them for the purpose of preparing and carrying out plans for the implementation of the said clauses; it shall endeavour to settle any disputes between the parties arising out of the implementation of these clauses. The Joint Commission may send joint groups to follow the forces in their movements; such groups shall be disbanded once the withdrawal plans have been carried out. Article 15. The Joint Commission shall be composed of an equal number of representatives of the Commands of the parties concerned. Article 16. The International Commission shall, through the medium of the inspection teams mentioned above and as soon as possible, either on its own initiative or at the request of the Joint Commission or of one of the parties, undertake the necessary investigations both documentary and on the ground. Article 17. The inspection teams shall transmit to the International Commission the results of their supervision, investigations and observations; furthermore, they shall draw up such special reports as they may consider necessary or as may be requested from them by the Commission. In the case of a disagreement within the teams, the findings of each member shall be transmitted to the Commission. Article 18. If an inspection team is unable to settle an incident or considers that there is a violation or threat of a serious violation, the International Commission shall be informed; the Commission shall examine the reports and findings of the inspection teams and shall inform the parties of the measures to be taken for the settlement of the incident, ending of the violation or removal of the threat of violation. Article 19. When the Joint Commission is unable to reach agreement on the interpretation of a provision or on the appraisal of a fact, the International Commission shall be informed of the disputed question. Its recommendations shall be sent directly to the parties and shall be notified to the Joint Commission. Article 20. The recommendations of the International Commission shall be adopted by a majority vote, subject to the provisions of article 21. If the votes are equally divided, the Chairman's vote shall be decisive. The International Commission may make recommendations concerning amendments and additions which should be made to the provisions of the Agreement on the cessation of hostilities in Cambodia, in order to ensure more effective execution of the said Agreement. These recommendations shall be adopted unanimously. Article 21. On questions concerning violations, or threats of violations, which might lead to a resumption of hostilities, and in particular, (a) refusal by foreign armed forces to effect the movements provided for in the withdrawal plan, (b) violation or threat of violation of the country's integrity by foreign armed forces, the decisions of the International Commission must be unanimous. Article 22. If one of the parties refuses to put a recommendation of the International Commission into effect, the parties concerned or the Commission itself shall inform the members of the Geneva Conference.1 If the International Commission does not reach unanimity in the cases provided for in article 21, it shall transmit a majority report and one or more minority reports to members of the Conference. The International Commission shall inform the members of the Conference of all cases in which its work is being hindered. 1 See infra, docs. 9 and 10. 415900-57- -53 Article 23. The International Commission shall be set up at the time of the cessation of hostilities in Indo-China in order that it may be able to perform the tasks prescribed in article 13. Article 24. The International Commission for Supervision and Control in Cambodia shall act in close cooperation with the International Commissions in Viet-Nam and Laos. The Secretaries-General of these three Commissions shall be responsible for coordinating their work and for relations between them. Article 25. The International Commission for Supervision and Control in Cambodia may, after consultation with the International Commissions in Viet-Nam and in Laos, and having regard to the development of the situation in Viet-Nam and in Laos, progressively reduce its activities. Such a decision must be adopted unanimously. The Commanders of the forces of the two parties shall ensure that persons under their respective commands who violate any of the provisions of the present Agreement are suitably punished. Article 27. The present Agreement on the cessation of hostilities shall apply to all the armed forces of either party. Article 28. The Commanders of the forces of the two parties shall afford full protection and all possible assistance and co-operation to the Joint Commission and to the International Commission and its inspection teams in the performance of their functions. Article 29. The Joint Commission, composed of an equal number of representatives of the Commands of the two parties, shall assist the parties in the implementation of all the clauses of the Agreement on the cessation of hostilities, ensure liaison between the two parties, draw up plans for the implementation of the Agreement, and endeavour to settle any dispute arising out of the implementation of the said clauses and plans. Article 30. The costs involved in the operation of the Joint Commission shall be shared equally between the two parties. Article 31. The signatories of the present Agreement on the cessation of hostilities and their successors in their functions shall be responsible for the observance and enforcement of the terms and provisions thereof. The Commanders of the forces of the two parties shall, within their respective commands, take all steps and make all arrangements necessary to ensure full compliance with all the provisions of the present Agreement by all military personnel under their command. Article 32. The procedures laid down in the present Agreement shall, whenever necessary be examined by the Commands of the two parties and, if necessary, defined more specifically by the Joint Commission. Article 38. All the provisions of the present Agreement shall enter into force at 00 hours (Geneva time) on 23 July 1954. Done at Geneva on 20 July 1954. 8. AGREEMENT ON THE CESSATION OF HOSTILITIES IN LAOS, JULY 20, 19541 CHAPTER I CEASE-FIRE AND EVACUATION OF FOREIGN ARMED FORCES AND FOREIGN MILITARY PERSONNEL Article 1. The Commanders of the armed forces of the parties in Laos shall order and enforce the complete cessation of all hostilities in Laos by all armed forces under their control, including all units and personnel of the ground, naval and air forces. Article 2. In accordance with the principle of a simultaneous cease-fire throughout Indo-China the cessation of hostilities shall be simultaneous 1 Geneva Conference doc. IC/51/Rev. 1; reprinted in Report_on_Indochina: Report of Senator Mike Mansfield on a Study Mission to Vietnam, Cambodia, Laos, Oct. 15, 1954 (Senate Foreign Relations Committee print, 83d Cong., 2d sess.), pp. 30-35. For entry into force, see articles 2 (a) and 40. |