Declassified per Executive Order 13526, Section 3.3
NND Project Number: NND 63316. By: NWD Date: 2011
TOP SECRET – Sensitive
III. B. 2. French and GVN Responsibilities After Geneva
- 1. French Presence Does Not Imply French Sovereignty
The fact that French Union forces were still in Vietnam at the time the Geneva military agreements were signed, and that they remained there during and after the Conference, need not be interpreted as evidence of lack of Vietnamese sovereignty. French Union forces could hardly have left the country immediately without surrendering all Vietnam to the communists, and without inviting the slaughter of the Vietnamese National Army. French officers and noncommissioned officers led the latter troops. Clearly, only a gradual withdrawal of the French Expeditionary Corps was reasonable in view of the prevailing military situation. The GVN accepted these realities and recognized, the need for continued French presence. The French government, in granting the GVN independence had agreed that the Expeditionary Corps would be pulled out of Vietnam at the request of the GVN — although no doubt it hoped to delay that day. In fact, the French moved swiftly after Geneva, under American urging, to relinquish to the GVN the full trappings of the sovereignty granted in June, 1954. By mid-September, the turning over of the civil service, police, and other public administration in South Vietnam was formally completed. By February, 1955, the Vietnamese Army was placed under the command of Vietnamese leaders, and the French accepted American primacy in advising, training, and equipping GVN armed forces.
- 2. France Is The Executor Of The Geneva Agreements
- a. GVN Does Not Inherit French Responsibilities
Article 27 of the Armistice agreements signed by France states in part: "The signatories of the present Agreement and their successors in their functions shall be responsible for ensuring and observance and enforcement of the terms and provisions thereof..." That clause seemed to obligate the State of Vietnam in the event France abrogated its responsibilities — but even if construed thusly, the obligation extended only to "the present [military] Agreement," and not to the political provisions included in the unsigned Final Declaration. It is also possible to construe the reference to "successors" as a binder on the procession of French governments likely to follow Mendes-France. In any event, the State of Vietnam explicitly denied responsibility for all the agreements concluded by France at Geneva, although it pledged not to interfere with the cease-fire.1. The declarations of Vietnamese disavowal were early, repeated and specific. Moreover, these declarations included warnings that the partition and elections provided for by the Geneva Conference would lead to renewed violence. Examples of these statements follow:
