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Declassified per Executive Order 13526, Section 3.3 NND Project Number: NND 63316. By: NWD Date: 2011  could reply with legalistic interpretations, but it found it virtually impossible to collect facts, or exercise more than vague influence over U.S., GVN, or DRV policy. The only major example of U.S. ignoring the ICC was the instance of the U.S. Training and Equipment Recovery Mission (TERM), 350 men ostensibly deployed to Vietnam in 1956 to aid the Vietnamese in recovering equipment left by the French, but also directed to act as an extension of the existing MAAG by training Vietnamese in logistics. TERM was introduced without ICC sanction, although subsequently the ICC accepted its presence.

The question of military bases was similarly occluded. The DRV protested repeatedly that the U.S. was transforming South Vietnam into a military base for the prosecution of aggression in Southeast Asia. In fact, as ICC investigation subsequently established, there was no wholly U.S. base anywhere in South Vietnam. It was evident, however, that the South Vietnamese government had made available to the U.S. some portions of existing air and naval facilities — e.g., at Tan Son Nhut, Bien Hoa, and Nha Be — for the use of MAAG and TERM. ICC access to these facilities was restricted, and the ICC was never able to determine what the U.S. was shipping through them, either personnel or materiel. By the same token, ICC access to DRV airports, rail terminals, and seaports was severely limited, and its ability to confirm or deny allegations concerning the rearming of the People's Army of Vietnam correspondingly circumscribed. International apprehensions over arms levels and potential bases for aggression were heightened by statements anticipating South Vietnam's active participation in SEATO, or pronouncements of DRV solidarity with China and Russia.

Not until 1959 and 1961 did the ICC publish reports attempting to answer directly DRV charges that the U.S. and South Vietnam were flagrantly violating the arms control provisions of the Geneva Accords. Similarly, though in its Tenth and Eleventh Interim Reports (1960 and 1961) the ICC noted "the concern which the Republic of Vietnam has been expressing over the problem of subversion in South Vietnam," it did not mention that those expressions of concern had been continuous since 1954, or attempt to publish a factual study of that problem until June 1962. In both cases, the ICC was overtaken by events: by late 1960, international tensions were beyond any ability of the ICC to provide reassurances, and the U.S. was faced with the decision whether to commit major resources to the conflict in South Vietnam.

The Geneva Settlement thus failed to provide lasting peace because it was, as U.S. National Security Council papers of 1956 and 1958 aptly termed it, "only a truce." It failed to settle the role of the U.S. or of the Saigon government, or, indeed, of France in Vietnam. It failed because it created two antagonist Vietnamese nations. It failed because the Geneva powers were unwilling or unable to concert follow-up action in Vietnam to supervise effectively observance of the Accords, Rh