Complaints of Violations of the Cease-fire: United States
Note Verbale transmitted April 10, 1973 for delivery to participants in the International Conference on Vietnam.

(Department of State Press Release 117, Apr. 24; text from Department of State BULLETIN, vol. 68 (1973), pp. 599-603)

1. The Department of State of the United States of America presents its compliments to the Ministry of Foreign Affairs/Ministry of External Affairs of [Union of Soviet Socialist Republics, People's Republic of China, Great Britain, France, Republic of Vietnam, Democratic Republic of Vietnam, Hungary, Poland, Indonesia, Canada; and Secretary General of the U.N. Kurt Waldheim] and has the honor to refer to a note" dated April 16, 1973, transmitted by the Government of the Democratic Republic of Vietnam to the Government of the United States and, it is assumed, also to the other signatories of the Act of the International Conference on Vietnam.

2. In its Note, the Government of the Democratic Republic of Vietnam, on its own behalf and occasionally also in the name of the "Provisional Revolutionary Government", purports to describe the situation of South Vietnam and lodges charges against the Government of the United States and the Government of the Republic of Vietnam.

3 . The United States rejects as utterly groundless the accusations of the Democratic Republic of Vietnam, and views this note as an ill-disguised attempt by the Democratic Republic of Vietnam, to divert attention away from its own numerous and extremely serious violations of the cease-fire.

4. Contrary to the contentions listed in the note, it is abundantly clear that the main obstruction to peace consists of the military activities carried out by the Democratic Republic of Vietnam and forces under its control in South Vietnam, Laos and Cambodia in direct and inexcusable contravention of the Agreement on Ending the War and Restoring Peace in Vietnam and of the Agreement on the Restoration of Peace and Reconciliation in Laos.

5. Of extreme concern is the vast quantity of military equipment shipped clandestinely since January 28 from North Vietnam into South Vietnam without the least effort to observe Articles 7 and 20 of the Peace Agreement of January 27. Evidence is overwhelming of continued illegal movement of equipment and supplies out of North Vietnam into or through Laos and Cambodia and into South Vietnam for the use of the military forces opposing the legitimate governments of those countries. Included in the supplies reaching South Vietnam are over 400 tanks and armored vehicles, 300 artillery pieces of various types and vast quantities of ammunition, vehicles, etc. For example, from the time of the Vietnam cease-fire through April 18, 1973, over 27,000 short tons of military supplies have been moved through the demilitarized zone into South Vietnam. In the same period, over 26,000 short tons were moved from North Vietnam into Laos. Also during this period, we have detected over 17,000 military truck movements from North Vietnam into Laos and over 7,000 crossing the demilitarized zone into South Vietnam. None of the peace-keeping organs established by the Peace Agreement has been given the opportunity to monitor these shipments.

6. Evidence of an intention to persist in violations of Article 20 of the Agreement is the substantial effort being made to upgrade the road system within Laos and adjoining parts of South Vietnam. Bridge and drainage ditch construction have been observed on Route 7, the primary route into the Plain of Jars from North Vietnam and on Routes 4 and 4/7 which transit the northern plain in an east-west direction. Furthermore, there is evidence of continuing North Vietnamese efforts to construct a road from southern Laos into Quang Tri and Quang Ngai Provinces. This cross-border route is not close to any of the designated entry points and its only logical use could be as a clandestine supply highway into the central coastal regions of South Vietnam.

7. The Democratic Republic of Vietnam also has moved military personnel and military equipment in and through the demilitarized zone is direct violation of Articles 7 and 15 (B) of the Peace Agreement and of Article 7 of the Cease-fire Protocol.

8. In most serious violation of the Agreement, more than 30,000 North Vietnamese army personnel are known to have continued moving through Laos and Cambodia into South Vietnam after the cease-fire on January 28. These combat replacements have greatly increased the capability of North Vietnamese army units in the south. In addition there is evidence that new North Vietnamese army organizations, such as anti-aircraft artillery units, entered South Vietnam after January 28. For example, the Khe Sanh airfield complex has recently been ringed with SA-2 missiles, which clearly were not present prior to the cease- fire.

9. Not content with illegally building up its military potential, the Democratic Republic of Vietnam has since the cease-fire actually employed these and other forces under its command to launch attacks on hamlets, villages and Republic of Vietnam military positions throughout the country in unequivocal violation of the fundamental purpose of the Peace Agreement as embodied in Articles 2 and 3. The assaults have generally consisted of mortarings and shellings, frequently followed by ground attacks in an obvious effort to expand the area controlled by forces under North Vietnamese command. In some cases the assaults were of such intensity as to require withdrawal of government defending forces, for example, from positions at Hoang Hau near Hue, on the Cambodian border in Chau Duc Province and in Bac Lieu Province. Other beleaguered outposts long occupied by the Republic of Vietnam armed forces continue to hold out despite persistent harassment, such as at Tonle Cham in Tay Ninh, at Rach Bap in Binh Duong and in the Hong Ngu and Cai Cai districts of Kien Phong Province.

10. North Vietnamese forces, moreover, continue larger military offensives aimed at opening up new supply routes and expanding their control, such as in the Sa Huynh area of southern Quang Ngai Province.

11. Troops under the control of the Democratic Republic of Vietnam also have placed many mines in violation of Article 5 of the Cease-fire Protocol and have tried to interfere with resumed train service. Earlier this month, in Phu Yen Province, a mine was set under a train and a ground attack was launched on a track repair crew.

12. These forces, moreover, have fired mortars and artillery indiscriminately into many cities, refugee camps and other centers of population, for example in Tan Chau and Phan Thiet, causing heavy civilian casualties. They have even mortared the team locations of the International Commission of Control and Supervision at Tri Ton and Hong Ngu.

13. In addition to widespread attacks on Republic of Vietnam territorial security forces, agents of the Democratic Republic of Vietnam have continued their acts of terrorism including assassinations, tossing grenades in public places, minings of public thoroughfares and widespread abductions.

14. Another serious impediment to peace is the record of the Democratic Republic of Vietnam and the "Provisional Revolutionary Government " of clear and calculated obstructionism in the Four Party Joint Military Commission. Both consistently refused to participate meaningfully in any Four Party Joint Military Commission investigation which would not benefit their cause. Accordingly, they blocked or prevented investigation of the downing of a CH-47 helicopter, of the Sa Huynh attack and the Khe Sanh missile installation, to cite only three representative examples.

15. The tactic to stall and obstruct was also clearly evident in the refusal to deploy fully to the field. The North Vietnamese deployed to only five of the seven regional headquarters, and their associates of the "Provisional Revolutionary Government " to only one. Deployment to sub- regional teams was minimal. The "Provisional Revolutionary Government had less than one quarter of its authorized contingent functional at any one time.

16. Thus the Democratic Republic of Vietnam and the "Provisional Revolutionary Government" must bear the responsibility for failure of the Four Party Joint Military Commission to fulfill its assigned functions.

17. Of particular concern to the United States is the failure to date of the Democratic Republic of Vietnam to provide information about Americans missing in action in Indochina or those known to have died there, as required by Article 8 (B) of the Paris Agreement.

18. The charges levied against the United States by the Democratic Republic of Vietnam in its note, include the allegation that the United States gave "backing" to the Government of the Republic of Vietnam in failing to observe the cease-fire and thereby seriously violated Articles 2 and 3 of the Agreement on Ending the War and Restoring Peace in Vietnam. The entire charge is without foundation, The United States concentrated instead after January 28 on observing the terms of the Agreement scrupulously by withdrawing its own military forces from Vietnam and refraining from participating in any hostilities in Vietnam. Any arms and military equipment provided to the Republic of Vietnam have been strictly in accordance with Article 7 of the Paris Agreement and Article 7 of the Cease-fire Protocol.

19. The Democratic Republic of Vietnam also alleges that the withdrawal of United States forces has been concluded in a manner at variance with Articles 5 and 6 of the Paris Agreement and accuses the United States of failing to withdraw its armaments and dismantle its bases as required by those Articles. Article 5, however, required withdrawal only of those armaments, munitions, and war material which the United States (or allies of the United States and the Republic of Vietnam) may have owned in South Vietnam at the date of or subsequent to the date of entry into force of the Agreement. It did not require the withdrawal from South Vietnam of any armaments which the United States, prior to the entry into force of the Agreement, no longer owned because of prior transfer. This was the meaning of the phrase "of the United States" in Article 5. The same phrase with the same meaning was used in Article 6 with respect to military bases to be dismantled. The United States has fully complied with these provisions. All military equipment and military base facilities formerly owned by the United States forces in South Vietnam which remained there after March 28, had been transferred to the Government of the Republic of Vietnam prior to January 27.

20. The referenced note makes the further charge that the United States has supplied arms, munitions, and war materials to the Republic of Vietnam in violation of the Agreement and its Cease-fire Protocol. This charge is simply without merit. Article 7 of the Agreement permits the South Vietnamese parties to replace, on a piece-for-piece basis, destroyed, damaged, worn out or used up armaments, munitions and war material. The United States and the Republic of Vietnam have established procedures for monitoring arms shipments, to ensure compliance with these restrictions, and records are being maintained which verify this compliance. Introduction 'of these replacements, as well as these records and procedures, arc always open to inspection and observation of the International Commission of Control and Supervision and the Two Party Joint Military Commission. Introduction of these replacements has been restricted to those three points of entry that have been designated by the Republic of Vietnam under the terms of the Agreement.

21. The contention in the note of the Democratic Republic of Vietnam that the United States has left behind over 10,000 military personnel disguised as civilian advisers has no basis in fact and is undoubtedly an attempt to draw attention from the large numbers of North Vietnamese armed forces in the South. The United States, in accordance with Article 5 of the Peace Agreement, has withdrawn its troops and its military and police advisers. There remain in South Vietnam only about 200 American military personnel, belonging to the Defense Attache Office, the Embassy Marine Security Guard and the team attempting to resolve the status of the missing in action, There are no military persons disguised as civilians. As publicly stated, the total number of official American personnel in South Vietnam is less than 9,000, the large majority of whom are filling logistics and maintenance functions which are soon to be taken over by the South Vietnamese.

22. Other Americans are performing the kinds of functions conducted by diplomatic, consular and AID [Agency for International Development] missions throughout the world. The purposes and functions of the personnel of the United States remaining in South Vietnam are fully known to the Government of the Democratic Republic of Vietnam and are completely in keeping with the January 27 Agreement.

23. The United States also is accused of violating Article 8 of the Act of Paris" by virtue of its military activities in Laos immediately after the conclusion of the cease-fire agreement between the Lao parties. United States military activities since the cease-fire have been very limited. They were conducted at the request of Prime Minister Souvanna Phouma. They were made necessary by, and were in direct response to, major and flagrant violations of that agreement by the North Vietnamese and Pathet Lao forces, specifically the post-cease-fire attacks at Pak Song on February 23 and Tha Vieng on April 13.

24. The Democratic Republic of Vietnam further alleges United States violation of the "independence, sovereignty, unity, territorial integrity and neutrality" of Cambodia by continuing to conduct military activities in that country. In fact, these activities are limited to air support operations in response to the continued military operations in Cambodia by the Democratic Republic of Vietnam, and were requested by the Khmer Republic itself. In late January, the Government of the Khmer Republic suspended all offensive operations and the United States likewise halted offensive air operations. However the reaction of the Democratic Republic of Vietnam and Cambodian forces under its control was a total military offensive, despite obligations assumed by the Democratic Republic of Vietnam in Article 20 of the Agreement and Article 8 of the Act of Paris. In order to induce compliance with those essential provisions, without which the entire Vietnam Agreement would be endangered, the United States is giving air support to the Khmer forces.

25. With respect to allegations by the Democratic Republic of Vietnam concerning the continued detention of South Vietnamese civilians, the Government of the Republic of Vietnam will doubtless wish to rebut them, but the Government of the United States wishes to point out that the "Provisional Revolutionary Government" has offered to release only several hundred civilian prisoners despite the fact it has captured many thousands. This is an issue where reciprocity is clearly essential.

26. The allegation that the United States Government was deliberately delaying mine-clearing operations is patently false. The United States mine-clearing operation has progressed as rapidly as safety, available forces, weather and restrictions imposed by the Democratic Republic of Vietnam would allow. We have been able to adhere to our agreed schedule despite the loss of two helicopters. Every available United States mine counter- measures unit has been marshalled for this operation. In fact, a force significantly greater than that originally proposed by the United States and accepted by the Democratic Republic of Vietnam has been employed.

27. The fact that only a few mines have been observed to explode is completely understandable and not at all surprising. As has been carefully explained to the Democratic Republic of Vietnam representatives on numerous occasions, the mines have a variable neutralization capability that can be programmed and which has resulted in the neutralization of most of them by now. Nevertheless, adequate safety cannot be guaranteed unless all affected areas are methodically swept with proper equipment by highly trained personnel,

28. However, in view of the many serious violations of other provisions of the Agreement by the Democratic Republic of Vietnam, which have been discussed above, the United States has decided to suspend its mine clearance operations. This suspension is justified as a response to the numerous material breaches of the Agreement by the Democratic Republic of Vietnam in accordance with the rule of international law that a material breach of an international agreement by one party entitles the other party to suspend operation of the Agreement in whole or in part. This rule of customary international law is set forth in Article 60 of the 1969 Convention on the Law of Treaties. The United States is, of course, prepared to resume mine clearance operations as soon as the Democratic Republic of Vietnam begins to act in compliance with its obligations under the Agreement.

29. The Government of the United States thus categorically rejects the general and the specific charges that it has violated the terms of the Agreement on Ending the War and Restoring Peace in Vietnam. For its part, except as noted above, the Government of the United States again affirms its intention to adhere to the terms of the Agreement of January 27 and will exert its best efforts to help bring about a lasting peace in Indochina. It calls on the Democratic Republic of Vietnam and all other parties to the Final Act of the International Conference on Vietnam to lend their support to this endeavor.