I wish to request that this letter be circulated as a document of the Security Council.

U.N. Doc. S/11737, June 27, 1975.

A letter dated June 27, 1975, to the Secretary-General from the representatives of Canada, Costa Rica, Japan, New Zealand, the Netherlands, the United Kingdom, the United States, and Uruguay requested inclusion in the thirtieth General Assembly Provisional Agenda of an item entitled "Urgent need to implement fully the consensus of the twenty-eighth session of the General Assembly on the Korean question and to maintain peace and security on the Korean peninsula." Attached was an explanatory memorandum, which asked that the question be treated as a matter of high priority by the thirtieth General Assembly, and pointed out that the Government of the Republic of Korea had that day made an official statement affirming its willingness to enter into the arrangement proposed by the United States for maintaining the armistice agreement.

Also attached was a draft resolution which the letter described as "the most realistic and constructive step which the General Assembly could take in order to assist the parties directly concerned to move towards the goal of peaceful unification of Korea which the United Nations has always sought and is still encouraging, consistent with peace and security on the Korean peninsula." The draft resolution urged both the South and the North of Korea to continue their dialogue to expedite the peaceful reunification of Korea; expressed hope that the Security Council would, as appropriate, encourage the parties directly concerned to undertake discussions at the earliest possible date so that the U.N. Command might be dissolved in conjunction with appropriate arrangements to maintain the armistice agreement; and expressed the hope that discussions would be completed and alternative arrangements made for the maintenance of the armistice agreement in order that the U.N. Command might be dissolved on January 1, 1976.

See U.N. Doc. A/10142, June 27, 1975; Add. 1, June 30, 1975; Add. 2, July 1, 1975. Par. 17 of the 1953 Korean armistice agreement (TIAS 2782; 4 UST 234) envisions a delegation of authority whose recipient would receive, in turn, responsibility for the implementation and enforcement of all provisions of the armistice agreement. Par. 17 reads as follows:

17. Responsibility for compliance with and enforcement of the terms and provisions of this armistice agreement is that of the signatories hereto and their successors in command. The commanders of the opposing sides shall establish within their respective commands all measures and procedures necessary to ensure complete compliance with all of the provisions hereof by all elements of their commands. They shall actively cooperate with one another and with the Military Armistice Commission and the Neutral Nations

Supervisory Commission in requiring observance of both the letter and the spirit of all of the provisions of this armistice agreement.

On September 22, 1975, Secretary of State Kissinger, in an address to the 30th U.N. General Assembly, announced a joint proposal by the United States and the Republic of Korea for a conference to consider ways to maintain the armistice. He called upon the United Nations to take responsible action in the Korean peninsula, and added:

This requires, above all, maintenance of the armistice, pending agreement by all of the parties most directly concerned to replace it with a new arrangement. The existing armistice is the only legal instrument committing the parties to maintain the peace. It is a carefully designed structure for monitoring and policing the military demarcation line.

The United States agrees that 20 years after the end of the Korean war, it is timely to terminate the U.N. Command..

It would be foolhardy . . . to terminate the U.N. Command without new arrangements to preserve the integrity of the armistice agreement. In the interest of peace, the United States cannot accept any solution which fails to provide for the continuing validity of the armistice agreement.

The United States and the Republic of Korea, looking forward to the time when a lasting solution of the Korean problem can be achieved, are herewith proposing to the parties of the armistice the convening of a conference to discuss ways to preserve the armistice agreement. At such a meeting, we would also be prepared to explore other measures to reduce tension on the Korean peninsula, including the possibility of a larger conference to negotiate a more fundamental arrangement.

no proposal for security arrangements on the Korean peninsula which attempts to exclude the Republic of Korea from the discussions can be accepted by the United States

For the full text of Secretary Kissinger's address, see Dept. of State Bulletin, Vol. LXXIII, No. 1894, Oct. 13, 1975, pp. 545–553.

On November 18, 1975, the U.N. General Assembly adopted two competing resolutions on Korea, both of which had been recommended by the First (Political) Committee. Resolution 3390A (XXX), supported by the United States and based on its proposal

of June 27, 1975, called for negotiations to find an alternative arrangement for preserving the Korean armistice by the nations directly concerned-North and South Korea, China, and the United States. It was approved by a vote of 59 to 51 with 29 abstentions. Resolution 3390B (XXX), sponsored principally by Algeria, called for dissolution of the U.N. Command and withdrawal of all foreign troops in South Korea under the U.N. flag, it called on the "real parties to the armistice agreement" to replace the armistice with a peace agreement. It was adopted by a vote of 54 to 43 (U.S.), with 42 abstentions.

Ambassador W. Tapley Bennett, Jr., Deputy U.S. Representative to the United Nations, stated in plenary on November 18, 1975, that the U.S.-sponsored resolution stressed dialogue and discussion directed at new arrangements to replace the armistice agreement and looked to "peaceful reunification of Korea on the basis of the freely expressed will of the Korean people." He said the opposing resolution, while it appeared to have similar provisions, was not in accord with past resolutions adopted by the General Assembly and, as had been made clear by its sponsors, had the intention to exclude one of the principal parties, the Republic of Korea, from the discussions. He pointed out further that the American troops in South Korea, with the exception of less than 300 personnel in the U.N. Command, were not under the U.N. flag but were there under a bilateral mutual defense treaty between the United States and the Republic of Korea (TIAS 3097; 5 UST 2368; entered into force November 17, 1954).

For the text of Ambassador Bennett's statement, see Press Release USUN151(75), Nov. 18, 1975.

On November 19, 1975, the U.S. Mission to the United Nations issued a statement regarding the General Assembly votes on the Korean question. The following is an excerpt:

In the debate on this issue, it was clear that many, we would venture to say most, members desired resumption of dialogue between the South and North of Korea. The resolution we supported and which the Assembly approved makes this a matter of central importance. Many members also made clear they were aware of the continuing responsibility of the United Nations, in accordance with the principles and purposes of the United Nations Charter, to help in the attainment of peace and security in the Korean peninsula. The resolution cosponsored by the United States and twenty-seven other Member States is designed to deal with this concern of the international commu

nity. For our part, the question of the maintenance of peace and security in the peninsula is our chief concern.

We wish to reiterate what we said before the vote: United States troops are in Korea in accordance with a bilateral agreement at the invitation of the Republic of Korea Government. With the exception of a small United Nations contingent, they are not under the United Nations flag. The resolutions do not affect the presence of these forces.

The two competing texts are set forth below:

The General Assembly,

RESOLUTION 3390A (XXX)

Mindful of the hope expressed by it in Resolution 3333 (XXIX) of December 17, 1974,

Desiring that progress be made towards the attainment of the goal of peaceful reunification of Korea on the basis of the freely expressed will of the Korean people,

Recalling its satisfaction with the issuance of the joint communiqué at Seoul and Pyongyang on July 4, 1972, and the declared intention of both the South and the North of Korea to continue the dialogue between them,

Further recalling that, by its Resolution 711 A (VII) of August 28, 1953, the General Assembly noted with approval the armistice agreement of July 27, 1953, and that, in its Resolution 811 (IX) of December 11, 1954, it expressly took note of the provision of the armistice agreement which requires that the agreement shall remain in effect until expressly superseded either by mutually acceptable amendments and additions or by provision in an appropriate agreement for a peaceful settlement at a political level between both sides, Aware, however, that tension in Korea has not been totally eliminated and that the armistice agreement remains indispensable to the maintenance of peace and security in the area,

Noting the letter of June 27, 1975, addressed to the President of the Security Council by the Government of the United States of America, affirming that it is prepared to terminate the United Nations Command on January 1, 1976, provided that the other parties directly concerned reach agreement on alternative arrangements mutually acceptable to them for maintaining the armistice agreement,

Noting the statement of June 27, 1975, by the Government of the Republic of Korea affirming its willingness to enter into arrangements for maintaining the armistice agreement,

Recognizing that, in accordance with the purposes and principles of the Charter of the United Nations regarding the maintenance of international peace and security, the United Nations has a continuing responsibility to ensure the attainment of this goal on the Korean peninsula,

1. Reaffirms the wishes of its members, as expressed in the consensus statement adopted by the General Assembly on November 28, 1973, and urges both the South and the North of Korea to continue their dialogue to expedite the peaceful reunification of Korea;

2. Expresses the hope that all the parties directly concerned will enter into negotiations on new arrangements designed to replace the armistice agreement, reduce tensions and ensure lasting peace in the Korean peninsula;

3. Urges all the parties directly concerned, as a first step, bearing in mind the need to ensure continued observation of the armistice agreement and the full maintenance of peace and security in the region, to embark on talks as soon as possible so that the United Nations Command may be dissolved concurrently with arrangements for maintaining the armistice agreement;

4. Expresses the further hope that these discussions will be completed and alternative arrangements for the maintenance of the armistice agreement will be made in order that the United Nations Command may be dissolved on January 1, 1976, so that by that date no armed forces under the United Nations flag will remain in the South of Korea.

The General Assembly,

RESOLUTION 3390B (XXX)

Noting that the reunification of Korea has not yet been achieved although thirty years have elapsed since Korea was divided into the North and the South and twenty-two years since the establishment of the armistice in Korea, Recalling the obligations assumed by states in accordance with the Charter of the United Nations on respect for the principle of equality and selfdetermination of peoples and on refraining from intervening in matters which are within the domestic jurisdiction of any state,

Considering that it conforms with the principles of the Charter to encourage the Korean people to achieve the independent and peaceful reunification of their country at the earliest possible date on the basis of the three principles of independence, peaceful reunification and great national unity and to create favorable conditions for it,

Hoping that the North and the South of Korea will promote their dialogue to accelerate the reunification of the country in accordance with the spirit of the joint statement of July 4, 1972, and with the decision adopted by the General Assembly at its twenty-eighth session, on November 28, 1973, which welcomed the joint statement,

Considering that a durable peace cannot be expected so long as the present state of armistice is kept as it is in Korea,

Considering that, in order to guarantee a durable peace in Korea and accelerate its independent and peaceful reunification, it is urgently necessary to take new decisive measures for terminating foreign interference in its internal affairs, removing tension and preventing armed conflicts in that region,

1. Considers that it is necessary to dissolve the “United Nations Command” and withdraw all the foreign troops stationed in South Korea under the flag of the United Nations;

2. Calls upon the real parties to the armistice agreement to replace the Korean Military Armistice Agreement with a peace agreement as a measure to ease tension and maintain and consolidate peace in Korea in the context of the dissolution of the "United Nations Command" and the withdrawal of all the foreign troops stationed in South Korea under the flag of the United Nations;

3. Urges the North and the South of Korea to observe the principles of the North-South joint statement and take practical measures for ceasing arms reinforcement, reducing the armed forces of both sides drastically to an equal level, preventing armed conflicts and guaranteeing against the use of force against the other side, and thereby remove the military confrontation and maintain a durable peace in Korea, conducive to accelerating the independent and peaceful reunification of the country.

On September 22, 1975, Ambassador Daniel P. Moynihan, U.S. Representative to the United Nations, wrote a letter to the President of the Security Council of the United Nations, regarding restrictions on the use of the U.N. flag in the Republic of Korea, in consideration of General Assembly Resolution 3333 (XXIX) of December 17, 1974. The text of Ambassador Moynihan's letter follows:

I wish to bring to the attention of the Security Council that, with effect from August 25, 1975, the United Nations flag no longer flies over military installations in the Republic of Korea except at facilities directly associated with the implementation of the armistice agreement of July 27, 1953. Restricting the use of the United Nations flag will contribute to making a distinction between first, those military personnel directly involved in the performance by the United Nations Command of its armistice agreement responsibilities (less than 300 non-Korean per