April 30, 1970
Page 13630
PRISONERS OF NORTH VIETNAM
Mr. MUSKIE. Mr. President, 9 months have passed since I joined with other Senators in calling upon the Government of North Vietnam to respect international standards of humanitarian treatment for the Americans it holds prisoner. These standards are defined by the Geneva Convention on "Protection of Prisoners of War," concluded in 1949. The United States and the Government of South Vietnam are signatories of the Convention to which the Government of North Vietnam acceded in 1957. The Convention applies to "all cases of declared war, or any other armed conflict which may arise."
The provisions of the Convention are respected by the United States and the Government of South Vietnam. North Vietnamese and Vietcong prisoners are placed in prisoner-of-war camps which are visited regularly by representatives of the International Committee of the Red Cross. The names of the prisoners have been made available, and prisoners have the right to send and receive mail.
In accordance with the Convention, we have offered to exchange prisoners, but North Vietnam has refused even to accept the return of its own sick or wounded.
The Government of North Vietnam has refused to identify most of the prisoners it holds; nor have the Communists been willing to identify any of the prisoners they hold in South Vietnam. Repeated requests by the International Committee of the Red Cross for permission to visit the camps in North Vietnam have been denied. Furthermore, we have received almost no cooperation from the North Vietnamese in determining the fate of more than 1,000 Americans who are missing in action.
We know, finally, that many of our men held in North Vietnam and in Laos have been subjected to the most grievous abuse and inhumane treatment.
Such treatment of prisoners is an offense and a reproach to the civilized conscience.
Mr. President, it goes almost without saying that there are definite differences of opinion as to the best policy we should follow in reducing, and eventually ending, our involvement in a war in Southeast Asia.
Nevertheless, we must all agree on the rights of American prisoners of war to fair and humane treatment as provided for under the Geneva convention. It is for this reason that I agreed to cosponsor the May 1 tribute to American prisoners of war and Americans missing in action, designated as an "Appeal for International Justice."
Our Government must continue to press Hanoi, as a matter of the highest negotiating priority, to name the men in captivity, to repatriate the sick and wounded, to permit impartial inspection of prison facilities, to assure proper treatment of all prisoners, and to undertake serious negotiations for the prompt release of all American prisoners in Vietnam and Laos.
Efforts on behalf of our men must not flag. We would break faith if our concern for them were diminished by the apparent decline in public concern with the broader issues of the war in Vietnam itself.