NATIONAL LEAGUE OF FAMILIES OF AMERICAN PRISIONERS AND MISSING IN SOUTHEAST ASIA 
1608 "K" STREET, N. W. WASHINGTON, D. C. 20006 

July 9, 1971

Dear Judy:
Here is some of the literature I read to you yesterday. Thank you for your comments and I hope that you and the Senator get a chance to talk with him when he's in town, hopefully this month.

Please excuse all of the corrections and notes I've made on the paper.

Take care; and take care of Mr. Dole.

Sincerely,
Kathy Plowman

handwritten notes on page:
628-6811
home: 820-3341
1:45 Wed. July 28 Sen. Ofc.

Projects to help the (handwritten: PMKR.) Prisoners of War in the past (handwritten replacement: S.A.) have been directed at expressing the concern Americans have for other Americans. We have written to the President of North Vietnam, Russia, (handwritten: the Viet Cong., even,) and the Secretary of the United Nations. 26,000,000 (replaced from "twenty-six million") letters were delivered (handwritten: by C.C.) to the North Vietnamese and Viet Cong delegations in Paris, early this year. Millions more have been delivered since. Wives, mothers, fathers, and children have ventured to foreign countries asking other countries' help in resolving ("countries' help in resolving" replaced with "nations to help resolve") this international humanitarian problem. Irrespective of our ideas concerning the Vietnam conflict, American citizens felt (replaced with "feel") a strong obligation to the men we sent to the battlefield. Since North Vietnam relies so heavily on its public image, it was felt that creating a liability to their image would receive results. Limited results did come.

Citizens have the power to influence but not to negotiate. It was felt that the ("the" crossed out) united concern by the citizens would elicit a united action by our elected representatives, as it did with the pollution problem. But, action didn't come. Words, yes, but action, no.

To the Communists, nothing the citizens of your enemy being (crossed out and replaced with "Americans have been") encouraged to enter into international negotiations appealing in a courteous manner for their countrymen (inserted: "to the communists, however, massive displays from the people") without reciprocal action from the leaders of the strongest country in the world was looked upon with contempt. We but reassured Hanoi that our nation is weak, divided, and leaderless. Who in WWII would have thought of writing or petitioning Adolf Hitler or Emperor Hirohito for the humane treatment of American POWs?

We are not talking about just a humanitarian issue involving (inserted: just) 1600 men. We are talking about an issue that tests the basic moral fiber of our country - a nation that would forget about the men it sent to the battlefield.

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Many have said that Congress is not involved since it did not declare war. The fact is that the passage of the Tonkin Gulf Resolution big Congress sent those men to combat. Certainly, Congress holds a moral obligation to the men it sent to the battlefield to carry out its policies. But, our Congress and Country hold an even stronger legal obligation. The Geneva Conventions Relative to the Treatment of Prisoners of War was ratified by our Country. It's the supreme law of our land. North Vietnam has ratified these Conventions. A total of 125 nations throughout the world have bound themselves to the Conventions.

The first article obligates our country not only "to respect" but "to ensure respect" by the other countries to the Convention ("by the other countries to the Convention" crossed out and replaced with "for the Convention by the other countries"). The Convention "demands in fact" that our country "should do everything in (its) power to ensure that North Vietnam respects the Convention. We are obligated to "seek out and prosecute the guilty parties and cannot evade (our) responsibility." It further states that this demand "is no mere empty form of words but has been delibertly invested with imperative force."1

Thus, if our Congressmen do not do everything in their power to ensure that North Vietnamese respects the Conventions, then our Congressmen are violating the very Constitution and Laws of our land that they took a solemn oath to support and defend.

The ultimate responsibility lies with the President. But, without the backing of Congress, which could be obtained ofy a concurrent resolution giving the President the authority to fulfill his obligation to Article I of the Geneva Convention, the President has little power to act by himself.

1. Excerpts of "The Commentary" to the Geneva Conventions Relative to the Treatment of Prisoners of War. p.18, written by Jean S. Pictet, the drafter of the Geneva Convention.

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We are not asking our Congress and Country to pass new legislation, we are not asking them to stop the SST or ban the automobile, we are asking them only to fulfill that obligation which already by law demands that they do everything in their power to ensure North Vietnam's respect for the Convention.

In 1968, if we would stop the bombing North Vietnam said that they would discuss questions concerning both sides. After three years of discussions they stated if we set a date of withdrawal they would immediately discuss the release of captured military men. The North Vietnamese have been asked to explain the word "discuss". Elaborating, they now state that not only must we withdraw our troops and but we must stop all future military and economic aid, overthrow the present south Vietnamese government, and dismantle all of our military bases.

As Vietnamization continues and our forces are reduced to 25 to 50 thousand troops, Hanoi will see no reason to negociate the prisoners of war for such a small troop force. To make our demands meaningful, we must put a stumbling block in the path of what the communists want. A meaningful stumbling block would be no more troop withdrawals without a proportional release or internment in a neutral country of prisoners of war.

We left 389 American POWs, not missing but confirmed prisoners in Korea. We recently learned from a North Vietnamese official who defected that North Vietnam still holds at least 300 French (crossed out and replaced with "prisoners") from the French Indo China War. We must thoroughly (crossed out and replaced with "tangibly") assure ourselves who out of the 1600 Americans POWs/MIAs are prisoners (inserted: before we can negotiate for their return). This can only be accomplished by the inspection of POW camps by an international humanitarian body such as the League of Red Cross Societies (crossed out and replaced with "International Committee of the Red Cross"). This inspection is guaranteed by the Geneva Convention and our Country is obligated to do everything in its power to ensure that North Vietnam permits these inspections. Even though 339 Americans (a number known to be incomplete) have been identified by North Vietnam as POWs, as many men are missing in Laos and South Vietnam as in North Vietnam. These men have not been even positively (crossed out and replaced with "partially") identified. Is the tangible assurance of the return of the men our Country sent to the battlefield too much for our Country ("for our Country" crossed out) to demand?

To get action we have the following plan:

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1. In September, we will send a delegation to the Senate Foreign Relations and House Foreign Affairs Committees. We will deliver letters from citizens and proclamations from Governors confronting (crossed out, replaced with "to") Congress (inserted: men) in front of the (crossed out, replaced with "confront") media, with their legal obligations and violations of that which they swore to support and defend. We will no longer remain reserved and quiet. We have legal demands which have been violated.

2. We ask your help. We can guarantee delivery of as many letters to Senators and Representatives (replaced from Congressmen) as you can send us. Personal letters to most of our elected representatives have resulted in personal responses. But, millions of letters dumped on them at once, in front of the media will elicit (inserted: specific &) public response. (Remember the response from Congress 900 Vietnam Vets received (inserted: attempting to) representing, 2,500,000 other Veterans (replaced from Americans)). Most of you have written letters before, and been discouraged (crossed out). But, these letters will go to those individuals who not only hold the obligation but have the power to ensure that North Vietnam respects the Conventions. 

3. Have your local service clubs, church groups, friends, etc., participate in this campaign. Have them ("them" replaced with "people") write their own letter or reproduce ours for your ("your" crossed out) signature. 

Enclosed the letter to a Senator or Representative in an envelope to
Concern for Prisoners of War, Inc.
P.O. Box 2897
San Diego, Ca. 92112

4. We will bring back the 30 to 40 million letters in Paris which were refused by the North Vietnamese and Viet Cong delegations. These too, will also be delivered to the Congressman.

Dear Members of Congress:
I am gravely concerned over the fate of the 1600 Americans who are Prisoners of War or Missing in Action in Southeast Asia. Certainly, you hold a moral obligation to the men Congress sent to the battlefield to carry out its policies. As you know (crossed out), the passage ("by Congress" inserted) of the Tonkin Gulf Resolution by Congress sent these men into combat. But, besides that moral obligation, you hold an even stronger legal obligation.

The Commentary to the Geneva conventions of 1949, Relative to the Treatment of the Prisoners of War, demands in fact that our Country should do everything in its power to ensure that North Vietnam respects the Conventions. It further states that this obligation is no mere empty form of words but has been invested with imperative force.

Inserted to beginning of paragraph (and "thus" crossed out): As you know, Congress has passed resolutions (illegible) that Nune has violated the Gen. Conv. Now that you are aware of Nune violations, if you do not do everything in your power to ensure North Vietnam's respect for the Conventions, you would be violating the very laws of the ("laws of the" crossed out) Constitution and laws of our land that you swore ("swore" replaced with "took a solemn oath") to support and to defend.

I am not asking you to just condemn, by words, the North Vietnamese. I am asking you how much power does our Country have and when are you going to fulfill your legal obligation?

Sincerely,
(blank lines)
(printed image depicting prisoner of war on bottom of page)

This letter developed in coordination with Concern for Prisoners of War, Inc., P.O. Box 2897, San Diego, California 92112.

COPY OF LETTER SENT TO ALL U.S. CONGRESSMEN

April 28, 1971

Sir:
Many Senators and Congressman have expressed the feeling that the solution to the Vietnam conflict is the withdrawal of troops. Certainly, any solution is not complete without the return of Prisoners of War.

The North Vietnamese and the Viet Cong have stated that when a time is set for a complete withdrawal "they will engage at once in discussions on the question of releasing captured military men." Communist negotiations after the withdrawal date has been set will certainly include a new concession for the Prisoners of War. At this point what will our Country be willing to give up for the men they called upon to carry out its policies? Wouldn't it be easier and safer to in- clude the release of all Prisoners of War with a troop withdrawal proposal? If the North Vietnamese and the Viet Cong are willing, as they say, to discuss the release when a date is set for troop withdrawals, then test their sincerity.

When Congress passed the Tonkin Gulf Resolution, it became directly in- volved in the present conflict. You can change your direction and policy, rescind the Tonkin Gulf Resolution, and even pass legislation to pull the troops out. But, you have not taken care of all of your liabilities.

You are obligated to support and defend the Constitution and other laws of our land. The Geneva Convention of 1949 Relative to the Treatment of Prisoners of War is one of the laws of our land. Article I states that "the High Contract- ing Parties undertake to respect and to ensure respect for the present Convention in all circumstances." What specifically are you and our Country doing to ensure that North Vietnam, one of the High Contracting Parties, respects the Conventions? I can not state our Country's obligation any stronger than Jean S. Pictet, one of the drafters of the Geneva Convention; whose commentary is accepted by the United Nations as the authority on the interpretation of the Convention's Articles.

"In the event of a Power failing to fulfill its obligations, each of the other Contracting Parties (neutral, allied or enemy) should endeavor to bring it back to an attitude of respect for the Convention. The proper working of the system of protection provided by the Convention demands in fact that the States which are parties to it should not be content merely to apply its pro- visions themselves, but should do everything in their power to ensure that it is respected universally.

The words 'in all circumstances' refer to all situations in which the Convention has to be applied and these are defined Article 2. It is clear, therefore, that the application of the Convention does not depend on whether the conflict is just or unjust. Whether or not it is a war of aggression, prisoners of war belonging to either party are entitled to the protection afforded by the Convention.

In view of the foregoing considerations and the fact that the provisions for the repression of breaches have been considerably strengthened, (The Contracting Parties are no longer merely required to take the necessary legislative action to prevent or repress violations. They are under an obligation to seek out and prosecute the guilty parties, and cannot evade their responsi- bility), it is clear that Article I is no mere empty form of words but has been deliberately invested with imperative force. "

Article II relates to the application of the Convention and states that "In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them."

"By its general character, this paragraph deprives belligerents, in advance, of the pretexts they might in theory put forward for evading their obligations. There is no need for a formal declaration of war, or for the recognition of the existence of a state of war, as preliminaries to the application of the Convention. The occurrence of de facto hostilities is sufficient. #2.

It is my opinion that President Nixon is trying to fulfill his obligation to the Prisoners of War. His words, however, are meaningless to the Communists since Congress won't back him on a proposal to ensure the repatriation of Prisoners of War. The Communist aren't stupid. They will negotiate for the Prisoners of War only when they feel that it is in their best interest to give up that asset. If Congress would unite together and back the President on a tangible proposal to return the Prisoners of War, especially if this included a troop withdrawal date, you can see the influence this would have on Hanoi to accept.

Specifically:
1. Include in your troop withdrawal proposal the internment in a neutral country of all Prisoners of War on both sides. The internment will take place immediately upon the acceptance of this proposal in Paris by the Communists. Precedence for this was Sweden in World II who held Prisoners of War on both sides. It also conforms with Article 109 of the Geneva Conventions.3

Footnotes:
1. "The Commentary" by Jean S. Pictet of the Geneva Conventions of 1949 Relative to the Treatment of Prisoners of War. P. 18.
2. Pictet's Commentary. Pp. 22-23.
3. Article 109. Parties to the conflict "may, in addition, conclude agreements with a view to the direct repatriation or internment in a neutral country of able-bodied prisoners of war who have undergone a long period of captivity."

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2. When the troops are withdrawn by the predetermined date, then all Prisoners of War will be released from the neutral country.

If North Vietnam and the Viet Cong do not accept this humanitarian proposal, then they have ulterior motives in mind and their words are, in fact, just meaningless propaganda.

I am not asking you to compromise your views on the war, I am asking you only to fulfill your Constitutionally binding commitment to the Prisoners of War. A country that forgets its defenders will itself be forgotten. It has been said that "the deterioration of a nation begins with the abandonment of the principles upon which that nation was founded." Ours was founded upon the idea that each of us could call upon our nation to ensure the protection of our God-given and Constitutionally secured rights wherever and whenever those rights were violated.

When I became a Navy Officer, I also took an oath to support and defend our Constitution. The Act of Congress which made me an Officer, I feel, was a reciprocal agreement. How can you ask men to carry out your policies if you are not willing to fulfill your Constitutional commitment to them?

If no action is taken by you on behalf of the prisoners, then the 653 days that I spent as a Prisoner of War in Hanoi, the loss of my right elbow, the 128 missions which I flew over North Vietnam, the Distinguished Flying Cross, nine Air Medals, two Navy Commendations, the Purple Heart, the Combat Ribbon, two Navy Unit Commendations, the National Defense Medal, the Vietnam Campaign Ribbon, and also, my Commission are meaningless.

I know and appreciate the fact that you have passed resolutions condemning the Communists treatment of Prisoners of War. But let's face it, these are just words. I am asking you to take meaningful and tangible action on behalf of the men .

The 1600 men Missing in Action or Prisoners of War are not just the husbands, brothers, and sons of their families. They are your sons, your brothers, and your responsibility.

Very respectfully, 
(signature)
Lt. Robert F Frishman, USNR

RFF: SV 
Encl: A copy of Concern for Prisoners of War news- paper which includes many facts and information pertaining to the Prisoners of War issue.

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