NND Project Number: NND 63316. By: NWD Date: 2011
TOP SECRET
EXECUTIVE OFFICE OF THE PRESIDENT
NATIONAL SECURITY COUNCIL
WASHINGTON
COPY NO. 32
January 5, 1959
MEMORANDUM FOR THE NATIONAL SECURITY COUNCIL
| SUBJECT: | "Hot Pursuit" and Pursuit Under the Doctrine of Self-Preservation | |
| REFERENCES: | A. | NSC 5604 |
| B. | NSC 5429/5, Par. 5-g |
The enclosed draft editorial amendments of paragraph 5-g of NSC 5429/5, "Current U. S. Policy Toward the Far East," and of paragraphs 1 and 2-e of NSC 5604, "U. S. Action in the Event of Unprovoked Communist Attack Against U. S. Aircraft," submitted by the NSC Planning Board on the basis of recommendations by a committee of the legal officers of interested departments and agencies, are transmitted herewith for consideration by the National Security Council.
The report by the committee of legal officers and a JCS study on the subject are also enclosed for the information of the Council.
The enclosed draft editorial amendments are not intended to make a substantive change in U. S. policies stated in NSC 5429/5 and NSC 5604; but are designed to eliminate an ambiguity which arises from the fact, as pointed out in the enclosed committee report, that the term "hot pursuit" has a traditional, doctrinal meaning in international law more restrictive than the meaning obviously intended in NSC 5429/5 and NSC 5604, and that the term may also be used in a non-legal context with regard to activities and situations other than those envisaged by the original doctrine of international law.
