Violation Of Armistice Agreement

The most important considerations in all efforts to replace the Korean ceasefire agreement are the definitive end of the Korean War and the establishment of a solid foundation for a lasting peace. The four parties currently proposed by the United States and the ICC are best placed for both objectives, which come with a Security Council resolution that adequately supports them. The two Koreas, the United States and the POPULAR REPUBLIC of China were the main belligerents of the war; they played the predominant role in maintaining the ceasefire; and they have the most obvious long-term interest and the ability to contribute to a lasting peace in Korea. At least one agreement between these four parties can, as a result, effectively end the legal state of armed hostilities in Korea and lay the foundations for a lasting peace. The Security Council can and must use its authority to put an end to the many persistent anomalies of the Korean War and, in accordance with Resolution 83 (V) of nearly half a century ago, « finally restore peace and security measures in the region ». But form should not dictate policy. There is no compelling reason why the Korean ceasefire could not be replaced by an agreement or agreements that are not explicitly called « treaty ». The ceasefire itself (paragraph 62) speaks only of an « appropriate agreement for a peaceful settlement at the political level between the two sides ». And the recent statement by the President of the Security Council79 speaks of a « peace mechanism ». Under international law, any agreement between states, whatever it may be, constitutes a « treaty » within the meaning of an agreement that legally binds the parties to its terms.80 The Korean ceasefire agreement is signed by military commanders and is called « purely military » (preamble). However, international law has consistently regarded general arms laws as having such political significance that it can only be concluded in the name of state sovereignty.57 Therefore, although almost without exception military commanders are signed, as in the case of Korea, general armistices are generally recognized as binding states.58 States that are bound are less clear. The ceasefire is clearly ambiguous in this regard and concerns « the governments of the countries concerned » (paragraph 60), a « political conference of both parties » and « a peaceful political settlement between the two sides » (paragraph 62). The ceasefire also established rules for prisoners of war.

The agreement stipulates that the agreement has been in force since the end of the Korean War with a ceasefire and not a peace treaty in 1953. North Korean troops at a guard post committed an injury by firing four 14.5 mm rounds of ammunition at a UNC guard post on the south side of the Military Demarcation Line (MDL) that shares the DMZ, UNC said in a statement. The armed forces of about 20 different governments fought in Korea. Since the UN commander signed on behalf of all UN governments, nineteen of these governments should rightly be considered parties to the ceasefire. The twentieth, the Soviet Union, was in fact a belligerent adversary, but not recognized as such, and was expressly invited to the negotiations by the United Nations and by the governments that are part of the United Nations in order to participate in the first efforts to conclude a peace treaty in Geneva. The 20 states could therefore legally sign a new agreement, since Russia is likely to defend the Soviet position. But in practice, the participation of some of these governments is now much more important than that of others. War detention (POW) was an important and problematic issue in the negotiations.

[22] The Communists held 10,000 prisoners of war and UNC 150,000 prisoners of war. [9] PvA, KPA and UNC were unable to agree on a return system because many VPA and KPA soldiers refused to be repatriated to the North,[23] which was unacceptable to the Chinese and North Koreans. [24] In the final ceasefire agreement, signed on 27 July 1953, a return commission of the Neutral Nations, chaired by Indian General K.

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