University of Virginia Library

Ex-POW's Will Remain Inactive

WASHINGTON–If the
three ex-POW pilots recently
released by Hanoi stay in
uniform, they will not return
to the war.

Article 117 of the 1949
Geneva Convention on
prisoners of war–the briefest
article of the convention–
states: "No repatriated person
may by employed on active
military service."

G. Warren Nutter, assistant
defense secretary for
international affairs, who is on
leave from his University chair
as Paul G. McIntire Professor
of Economics, told Congress
last year that the history of the
convention's negotiation shows
the clause does not prevent a
returned serviceman from
remaining in the military.

"Active military service, as
defined in the negotiating
history and authoritative
interpretations, essentially
means participation in
continuing hostilities with the
other party," Mr. Nutter said.

Mr. Nutter claimed the
article did not technically
apply to prisoners handed over
to antiwar groups, since they
were not part of a release
negotiated between two states;
but he indicated the U.S.
government was not going to
argue the point and would
keep "remote from the
conflict."

Of the three men released
most recently by North
Vietnam, two–Maj. Edward K.
Elias, 34, and Gartley, 28–are
career officers who may resign
any time they choose. The
third, Lt. j.g. Norris A. Charles,
has until October 1973 to
serve.

Hanoi and antiwar groups
have been indignant that two
pilots returned earlier were
assigned to basic flight training
in the United States. At least
some of their fellow trainees
would undoubtedly end up in
Southeast Asia.

Mr. Nutter said, however,
"It is the most basic flight
training. We do not consider
that as contact with the
hostilities in Southeast Asia."