Reference: Your telegrams Nos. 66,? 67? and68.?⁵⁴

Repeat New Delhi No. 345; Hanoi No. 217.

As the text of the Agreement⁵⁵ was just received late this Friday afternoon, we are able to offer at this time only the preliminary views of the Legal Division on the two specific points raised by the Indian Chairman which are mentioned in your telegram No. 68.

2. Legal Division's preliminary views are as follows:

Clause (c) of Footnote

This clause is not inconsistent with the Cease Fire Agreement⁵⁶ (and specifically Article 7 of that Agreement) for these reasons:

The undertaking by Cambodia to make a full contribution "to the development and maintenance of its own defensive strength and the defensive strength of the free world" is merely an assertion of the inherent right of individual or collective self-defence recognised in Article 51 of the [U.N.] charter.

This undertaking on the part of Cambodia does not, in our opinion, constitute a military alliance not in conformity with the principles of the Charter nor does it embody any obligation to establish bases on Cambodian territory for the military forces of foreign powers. Further it should be noted that Cambodia undertakes, in para. 4 to utilize the equipment and materials furnished under the Aid Agreement "solely for the maintenance of its internal security and legitimate defence of its territory".

Para. 2 of Annex A

We take it that the objection is to Cambodia permitting the passage through Cambodian territory of United States military aid material destined for other countries. This does not conflict with the provisions of Article 7 because, in cases such as this, the Government of Cambodia would not itself be soliciting foreign aid. There is no provision in the Cambodian Agreement (along the lines of Article 9 of the Laos Agreement) which could be interpreted as prohibiting the passage through Cambodia of war material. Even if there were, there would not be a violation of the Cease-fire Agreement until such time as war materials were brought into the country.

3. Please keep us informed. We shall forward you as soon as possible the further views of the Legal Division but do not necessarily wait for these before giving our preliminary views to the other Commissioners.