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Declassified per Executive Order 13526, Section 3.3 NND Project Number: NND 63316. By: NWD Date: 2011  Agreement (Article 34) and cited in the Conference Declaration (Article 7). While a Joint Commission of French and Viet Minh military officers was set up to deal with the cease-fire and force regroupment, the International Commission for Supervision and Control (ICC), furnished by Poland, India, and Canada, was to oversee the Accords in general. Its inability to cope with violations of the Armistice in the handling of would-be migrants, vociferously proclaimed in both Saigon and Hanoi, impugned its competence to overwatch the general free elections, for which it was also to be responsible.

Equally serious for the Settlement, the ICC was expected to control arms and guarantee against aggression. The armistice agreement signed by the French and the Viet Minh, and affirmed in the several declarations of the Geneva Conference, included four main provisions for arms control: (1) arms, bases, and armed forces were to be fixed at the level existing in Vietnam in July 1954, with allowance for replacement of worn or damaged equipment, and rotation of personnel; (2) further foreign influences were to be excluded, either in the form of alliances, or foreign military bases established in either North or South Vietnam; (3) neither party was to allow its zone to be used for the renewal of aggression; and, (4) all the foregoing were to be overseen by the ICC. As was the case of the regroupment provisions, these arrangements operated in practice to the detriment of the political solution embodied in the Accords, for the ICC, the election guardian, was soon demonstrated to be impotent.

The level of arms in Vietnam in 1954 was unascertainable. The Viet Minh had been surreptitiously armed, principally by the Chinese, from 1950 onward. That Viet Minh forces were acquiring large amount of relatively advanced weaponry was fully evident at Dien Bien Phu, but neither the DRV nor its allies owned to this military assistance. After the 1954 armistice, French, U.S., and British intelligence indicated that the flow of arms into North Vietnam from China continued on a scale far in excess of "replacement" needs. Similarly, while U.S. military materiel had been provided to the French more openly, no one — neither the French, the Vietnamese, the U. S., nor certainly the ICC — knew how, much of this equipment was on hand and serviceable after 1954. The issue of arms levels was further complicated by regroupment, French withdrawals, and the revamping of the national army in South Vietnam. The ICC could determine to no one's satisfaction whether the DRV was within its rights to upgrade the armament of the irregulars it brought out of South Vietnam. Similarly, though the DRV charged repeatedly that the U.S. had no right to be in South Vietnam at all, the ICC had to face the fact that U.S. military advisors and trainers had been present in Vietnam since 1950 under a pentilateral agreement with Laos, Cambodia, Vietnam, and France. If France withdrew its cadres in Vietnamese units, could they not be "replaced" by Americans? And if the French were withdrawing both men and equipment in large quantities, did not Vietnam have a right under the Accords to replace them in kind with its own, American-equipped formations? To DRV charges and GVN countercharges, the ICC Rh