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COMMITTEE ON FOREIGN AFFAIRS

HOUSE OF REPRESENTATIVES

NINETY-THIRD CONGRESS

FIRST SESSION

97-471

MAY 9, 10; JUNE 6, 7, 1973

Printed for the use of the Committee on Foreign Affairs

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1973

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THOMAS E. MORGAN,

CLEMENT J. ZABLOCKI, Wisconsin
WAYNE L. HAYS, Ohio

L. H. FOUNTAIN, North Carolina
DANTE B. FASCELL, Florida
CHARLES C. DIGGS, JR., Michigan
ROBERT N. C. NIX, Pennsylvania
DONALD M. FRASER, Minnesota
BENJAMIN S. ROSENTHAL, New York
JOHN C. CULVER, Iowa

LEE H. HAMILTON, Indiana
ABRAHAM KAZEN, JR., Texas
LESTER L. WOLFF, New York
JONATHAN B. BINGHAM, New York
GUS YATRON, Pennsylvania
ROY A. TAYLOR, North Carolina
JOHN W. DAVIS, Georgia
OGDEN R. REID, New York

MICHAEL HARRINGTON, Massachusetts
LEO J. RYAN, California

CHARLES WILSON, Texas

DONALD W. RIEGLE, JR., Michigan

Pennsylvania, Chairman

WILLIAM S. MAILLIARD, California PETER H. B. FRELINGHUYSEN, New Jersey WILLIAM S. BROOMFIELD, Michigan

H. R. GROSS, Iowa

EDWARD J. DERWINSKI, Illinois
VERNON W. THOMSON, Wisconsin
PAUL FINDLEY, Illinois
JOHN H. BUCHANAN, JR., Alabama
J. HERBERT BURKE, Florida
GUY VANDER JAGT, Michigan
ROBERT H. STEELE, Connecticut
PIERRE S. DU PONT, Delaware
CHARLES W. WHALEN, JR., Ohio

ROBERT B. (BOB) MATHIAS, California
EDWARD G. BIESTER, JR., Pennsylvania
LARRY WINN, JR., Kansas

BENJAMIN A. GILMAN, New York
TENNYSON GUYER, Ohio

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CONTENTS

Brower, Charles, Acting Legal Adviser, Department of State-

Nooter, Robert H., Assistant Administrator, Agency for International

Development

Miller, Arthur S., professor of constitutional law, George Washington
University, and consultant to Senator Sam Ervin, Subcomittee on
Constitutional Rights_-‒‒‒

Wednesday, June 6, 1973:

Adams, Samuel A., former employee of the Central Intelligence Agency
and experienced analyst in Southeast Asian Affairs____

Bennett, Hon. Charles E., a Representative in Congress from the

State of Florida___.

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MATERIAL SUBMITTED FOR THE RECORD

Letter from Senator Barry S. Goldwater_.

82

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Letter from Charles B. Nutting, professor of law, University of California
Hastings College of the Law

Page

143

Letter from Dean Rusk, professor of law, University of Georgia School of Law---

144

Letter from Clark M. Clifford, attorney.

145

147

Letter from William W. Van Alstyne, professor of law..
Letter from Richard B. Lillich, professor of law, University of Virginia__
U.S. Policy Toward Cambodia, April 1970-April 1973:

Statements by President Nixon, Dr. Henry Kissinger, and the Secre-
taries of State and Defense, a study done by Marjorie Niehaus,
analyst in international affairs, Foreign Affairs Division, the Li-
brary of Congress, Congressional Research Service, April 25, 1973--

148

149

U.S. POLICY AND PROGRAMS IN CAMBODIA

WEDNESDAY, MAY 9, 1973

HOUSE OF REPRESENTATIVES,
COMMITTEE ON FOREIGN AFFAIRS,

SUBCOMMITTEE ON ASIAN AND PACIFIC AFFAIRS,

Washington, D.C.

The subcommittee met at 10:30 a.m. in room 2255, Rayburn House Office Building, Hon. Robert N. C. Nix (chairman) presiding. Mr. Nix. The subcommittee will come to order.

Last Saturday a news item was buried in the back pages of the Evening Star. Its substance was that briefings for newsmen had been stopped by American officials at the request of the Cambodian Government because reports had been printed in the American press about the surrender of 580 Cambodian soldiers after 20 of their number had been killed.

This incident seems to describe the state of Cambodian military morale while their Government is under attack by insurgents. In addition, it gives us some idea of what the chances are of the Cambodians driving out of their country those North Vietnam forces which are there in violation of the truce agreement. These North Vietnam forces supposedly have not been involved in the fighting around the Capitol or other operations which are carried out by insurgents.

For well over 2 months American planes from Thailand have been bombing insurgent forces. At the time 80 percent of the bombing in Cambodia is done in support of the Lon Nol government. Cambodian troops won't advance or hold ground without American air support. Hostile troops are across the Mekong River from Phnom Penh, 2 miles from the Capitol.

The refugee problem is so severe in Cambodia that the chairman of the Senate Refugees and Escapees Subcommittee estimates that half the population of Cambodia have become refugees in the last 3 years since the fighting started. The Phnom Penh's population of 3 years ago of 600,000 has swollen to 1,500,000. Cambodia is apparently economically prostrate.

As in all nations in serious trouble corruption plays a role. There were at least 100,000 phantom soldiers carried in Cambodian pay records. The entire army is approximately 140,000 active men.

Insurgent forces number from 40,000 to 60.000. They are divided into numerous factions, so much so it is claimed that the Lon Nol government cannot find responsible individuals to negotiate with. This has not decreased their fighting ability in comparison to the Cambodian Army.

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