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The Rusk documents are the official diplomatic correspondence sent by Dean Rusk, the United States Assistant Secretary of State for Far Eastern Affairs, to You Chan Yang, the South Korean ambassador to the U.S. The documents show the negotiating position at the time of the U.S. State Department on the attribution of Dokdo in drafting the Treaty of San Francisco (Treaty of Peace with Japan).

The document rejected South Korea's request to include the islands of Quelpart, Port Hamilton, Dagelet, Dokdo, and Parangdo among the oversea territories that were to be renounced by Japan as a consequence of the peace treaty.

The final treaty did not address the Dokdo dispute. Also there exist other U.S. State Department documents as well as CIA documents that seem to contradict the Rusk documents. The U.S. policy "has been and continues to be" (as of March 2005) that the "United States does not take a position on either Korea's claim or Japan's claim to the island."

Summary

summary of this documents is as follows.

• The Independence Day of Korea is not August 9, 1945(Japanese acceptance of Potsdam declaration).
• Liancourt Rocks is a territory of Japan.
• The MacArthur line stand until Japan conclude Treaty of San Francisco
• Japan have no necessity to return the property of persons in Japan of Korean origin
• Japanese property in Koera is pursuant to directives of United States Military Government.

Background

While making of the Treaty of San Francisco, the following communications existed about the benefits of South Korea, between the South Korea government and the U.S. Government at that time.

• December 29, 1949(see Draft Treaty of Peace With Japan)

The Allied Powers makes the Draft Treaty of Peace With Japan (Treaty of San Francisco).

It was written in it that Takeshima (Dokdo) was included in the territory in Japan. (ChapterII Territorial Clauses,　Article 3)

• June 25,1950(see Korean war)

Beging of Korean war

• July ,1951(see Korean war)

Beging of Korean war cease-fire talks(face hard going)

• Jury 19, 1951 (See Requests From Korea Jury 19,1951)

Three demands of the above-mentioned were submitted to that draft by South Korean ambassador Dr.You Chan Yang.

• August 2, 1951 (See Requests From Korea August 2,1951)

The demands were submitted again by South Korean ambassador.

• August 10, 1951 The Rusk documets

This documents were sent by Dean Rusk to South Korea ambassador as a final U.S.Government reply.

• January 18,1952(see Syngman Rhee line)

The Syngman Rhee line was declared(begining of Dokdo disputed)

• April 28,1952 (see Treaty of San Francisco)

The treaty of peace with Japan(Treaty of San Francisco) was concluded(independence of Korea)

• July 27,1953(see Korean war)

Agree on an armistice (Korea didn't attend signing ceremony)

Korean request

The demand from the South Korea government to U.S. Government was three of the followings;

1. Takeshima (Dokdo) is added to the abandonment territory in Japan and it considers as a Korean territory on August 9, 1945.
2. The legal transfer of vested properties of Japanese in Korea to Korea.
3. Admit the MacArthur Line (*) by the Treaty of San Francisco continuously.
   

(*)The MacArthur Line: It is a fishery operation district in Japan that Douglas MacArthur decides when he served as Supreme Commander of the Allied Powers (SCAP).

However, although the U.S. Government accepted processing of the Japan property in Korea in this documents,didn't consent to the demand of the dominium of Takeshima and the demand of the MacArthur Line continuation .
Especially about the dispute over Takeshima (Dokdo), it has answered as follows

"As regards the islands of Dokdo, otherwise known as Takeshima or Liancourt Rocks never treated as part of Korea and, since about 1905, has been under the jurisdiction of the Oki Islands Branch Office of Shimane Prefecture of Japan. The Island does not appear ever before to have been claimed by Korea."

U.S. State Department reply(Rusk documents)

The independence day of Korea

• The independence day of Korea is not August 9, 1945(Japanese acceptance of Potsdam declaration)

The korean gavernment request“confirms that it renounced on August 9,1945, all right, title and claim to Korea and the islands which were part of Korea prior to its annexation by Japan, including the island Quelpart, Port Hamilton, Dagelet, Dokdo and Parangdo.".

But The Rusk documents reply "The United States Government does not feel that the Treaty should adopt the theory that Japan's acceptance of the Potsdam Declaration on August 9, 1945 constituted a formal or final renounciation of sovereignty by Japan over the areas dealt with in the Declaration."

Artcle 2 in Treaty of San Francisco"Japan recognizing the independence of Korea~~" show taht The independence day of Korea is Japan concluding Treaty of San Francisco(April 28, 1952).

Dokdo

Excerpt:"Liancourt Rocks, this normally uninhabited rock formation was according to our information never treated as part of Korea and, since about 1905, has been under the jurisdiction of the Oki Islands Branch Office of Shimane Prefecture of Japan. The island does not appear ever before to have been claimed by Korea."

MacArthur line and Syngman Rhee line

• The MacArthur line stand until Japan conclude Treaty of San Francisco

Excerpt:"the so-called MacArthur line will stand until the treaty comes into force"

But The South Korean President Syngman Rhee disregard custom on International Law and he declared sovereignty over Dokdo with the Syngman Rhee line declaration of January 18, 1952, just before the Treaty of San Francisco was concluded with Japan on September 8, 1951.

Compensation of the Korean property

• Japan have no necessity to return the property of persons in Japan of Korean origin

Excerpt"there would seem to be no necessity to oblige Japan to return the property of persons in Japan of Korean origin since such property was not sequestered or Otherwise interfered with by the Japanese Government during the war. In view of the fact that such persons had the status of Japanese"

Abstract:"such property was not sequestered or Otherwise interfered with by the Japanese Government" because "Japan of Korean origin" are "the status of Japanese"

Korean are not colony citizens and are Japanese during the war.and because Korean had the state of Japanese,Korean property was not sequestered or Otherwise interfered with by the Japanese Government.

Point:Korean had have state of Japanese during the war.

Thus,It is seemed that Japanese all property rights in South Korea is abandoned by U.S. because both countres' pepople had be equal Japanese people.

Japanese property in Koera

• Excerpt"Japan recongnizes the validity of dispositions of property of Japan and Japanese nationals made by or pursuant to directives of United States Military Government in any of the areas refarred to in Article 2 and 3."

Japanese property in Koera is pursuant to directives of United States Military Government.

Meaning of Rusk documents

Shade of meaning

The insistence on Takeshima's(Dokdo) owning right by the South Korea government is as follows.

There is no description of Takeshima in Article 2 of the Treaty of San Francisco because Takeshima is admitted a territory in Japan.

The MacArthur line demarcated by SCAPIN-1033 is effective now, and the Syngman Rhee line is right.

However, it is confirmed to have thought there is no description of Takeshima in the abandonment territory in Japan by this documents it is a territory in Japan in U.S.Government. Moreover, it had the intention that it is not the one providing to the fishery operation district in Japan after the war and the MacArthur line can be read. In addition, the South Korea government is thought to be recognition at first by thinking there is no validity in those insistences. It was necessary even not to have demanded if it recognized, the improvement was demanded from U.S.Government in the form of , request beforehand, and it did not recognize it.

Location on International Law

This document isn't legal binding authority.However,it is acknowledged that Content of draft or discussion complement interpretation of a treaty(Article 32 of Vienna Convention on the Law of Treaties). Also precedent "Legal Status of Eastern Greenland" in Permanent Court of International Justice gave priority to secound draft more than first draft , for construction of the Convention of September 1st, 1819. Thus when Article 2 of the peace treaty is interpreted with a Japanese country, it is confirmed that Takeshima is not included in the abandonment territory by the draft on December 29,1949 and this documents. Details are uncertain though there seems to be a rebuttal to this insistence, too. Moreover, it is assumed, "The agreement is interpreted in sincerity according to a usual meaning of the term that compares with the outline and the purpose by the context and is given" in Article 31 of the Vienna Convention on the Law of Treaties. Also "The natural meaning of the term is its geographical meaning as shown in the maps" in precedent of Legal Status of Eastern Greenland. It is thought that it is not possible to interpret it of having abandoned Takeshima's title including it from the abandonment of Dagelet, and not having the fact that makes Takeshima Dagelet in an attached chart of SCAPIN at that time and an attached chart of the peace treaty draft of Article 2 of the Treaty of San Francisco in Dagelet.

See also

• Treaty of San Francisco
• Syngman Rhee line
• Dokdo
• SCAPIN

External links

• Wikisource:Full text of the Draft Treaty of Peace With Japan
• Wikisource:Full text of the Requests From South Korea
• Wikisource:Full text of the Rusk documents

References

1. On July 19, 1951, the South Korean government sent a document (signed in the name of You Chan Yang) that requested the U.S.-Britain joint draft of the Treaty of San Francisco to replace the word "renounces" in Paragraph a, Article Number 2, with "confirms that it renounced on August 9, 1945, all right, title and claim to Korea and the islands which were part of Korea prior to its annexation by Japan, including the island Quelpart, Port Hamilton, Dagelet, Dokdo and Parangdo." Foreign Relations of the United States vol. 6. 1951. p. 1206.
2. The South Korean President Syngman Rhee declared sovereignty over Dokdo with the Syngman Rhee line declaration of January 18, 1952, just before the Treaty of San Francisco was concluded with Japan on September 8, 1951.
3. The dispatch from the U.S. Ambassador to Tokyo , for example, states that the history of Dokdo has been reviewed "more than once by the Department," and determined to be "at one time part of the Kingdom of Korea.... They were, of course, annexed together with the remaining territory of Korea when Japan extended its Empire over the former Korean State." This contradicts with the claim of the Rusk documents, which state: "As regards the island of Dokdo, otherwise known as Takeshima or Liancourt Rocks, this normally uninhabited rock formation was according to our information never treated as part of Korea and, since about 1905, has been under the jurisdiction of the Oki Islands Branch Office of Shimane Prefecture of Japan. The island does not appear ever before to have been claimed by Korea." The dispatch further notes that Dokdo was "formally incorporated... into the metropolitan area of Japan and placed... administratively under the control of one of the Japanese prefecture" during its colonial occupation of Korea. It continues that Japan, "with reason" assumed its sovereignty over Dokdo remained after the peace treaty, but that "or obvious reasons, the Koreans have disputed this assumption."
4. On March 24, 2005, KBS World Radio reported that CIA documents from 1951 uncovered recently in the port city of Busan indicate that the U.S. believed Japan renounced its claim to Dokdo by signing the San Francisco Peace Treaty.
5. See U.S. Embassy Refutes Press Reports, Issued by the Embassy of the United States in Seoul, South Korea, March 16, 2005, last paragraph.

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