740.00114A Pacific War/493: Telegram
The Minister in Switzerland (Harrison) to the Secretary of State
[Received June 4—7 p.m.]
3389. American interests Japan. Department’s 2814, December 12,62 Legation’s 74, January 5th. Swiss Legation Tokyo telegraphs May 28 following English text reply received Japanese Foreign Office:
“The Japanese Government immediately commenced investigation of the alleged instances of maltreatment of American prisoners of war and civilian internees in Japan and Japanese controlled territories and as regards some of them such as relate to cases of attempted escape of American prisoners of war in Shanghai the Japanese Government have already sent a reply.63 However throughout the American note there are not a few allegations which are deemed to be based upon fundamental misunderstanding on the part of the United States Government. One of the most glaring instances of such misunderstanding is that the United States Government in their protest, shutting their eyes to the special circumstances prevailing in areas which have till recently been fields of battle, view the occurrences in these circumstances in the same light as those happening in places [Page 991] remote from the war zone. The United States Government also confuse persons accused of crime with wartime internees.
The Japanese internees in the United States have been interned at places which have been under American administration since before the outbreak of war and which are far distant from the war zone. But the wide areas occupied by the Japanese forces where there are large numbers of prisoners of war and civilian internees are situated far away from Japan. In these areas where sudden changes had taken place and the working of all organizations had come to a standstill the Japanese forces, in spite of an inevitable chaos immediately following occupation, made the utmost efforts for the protection of Americans and in doing so they had to surmount untold difficulties. This forms a great contrast to the wanton slaughter of Japanese residents and various other cruel inhuman acts which the American troops committed in the Philippines and especially at Davao soon after the outbreak of the war.64 Moreover among the areas occupied by the Japanese forces there are places which have till recently been scenes of fighting or still are spheres of military operations. In these places the necessity of securing the Japanese forces’ own safety and other strategic considerations make it unavoidable for the time being not to allow free activities on the part of nationals of a third country including representatives in charge of the interests of belligerent countries. The American Government, whether deliberately or inadvertently, have disregarded these circumstances and make statements tending to exaggeration. The Japanese Government view such unfair attitude of the United States Government with great regret.
It has been notified to the United States Government that in the treatment of civilian internees the Japanese Government will apply on condition of reciprocity the provisions of the Geneva Convention of 1929 relating to the treatment of prisoners of war as far as they are applicable to civilian internees.65 But as for persons accused or suspected of crime and detained according to the Japanese law which is equally applicable to both Japanese subjects and aliens they should be treated in accordance with the relevant domestic laws and it is needless to say that it is not proper to demand the application of the provisions of the Geneva Convention to these persons since such would be tantamount to demanding a treatment for them more lenient than is accorded in time of peace and to Japanese subjects. In actual practice, however, the Japanese authorities concerned are affording within the limits of the relevant laws as lenient and considerate treatment as possible to these persons.
In conclusion the Japanese Government have already declared that they will in the treatment of prisoners of war apply mutatis mutandis the provisions of the Geneva Convention of 1929 and that in the treatment of civilian internees they will apply them on condition of reciprocity and as far as they are applicable. And from the humanitarian point of view the Japanese Government are actually affording to the prisoners of war and civilian internees such lenient and considerate treatment as the circumstances now prevailing permit. The Japanese Government believe that their fair and just treatment of [Page 992] prisoners of war and civilian internees will be readily appreciated by everyone who takes a general and unbiased view of the matter. The Japanese Government deem it a matter for regret that the United States Government, in complete disregard of the manifold difficulties which exist in areas which are occupied by the Japanese forces or where military operations are still being carried on, should have seen fit to frame their protest on the basis of misconceptions and of trivial occurrences.
As regards the result of investigations concerning each instance referred to in the note of United States Government, the Japanese Government will communicate to Your Excellency in due course of time. In the meanwhile I shall be grateful if you would be good enough to convey the above to the United States Government.”
- Ibid., p. 832.↩
- See telegram No. 2079, April 3, from the Minister in Switzerland, p. 976.↩
- For correspondence on Japanese allegations of massacre of Japanese residents of Mindanao, see Foreign Relations, 1942, vol. i, pp. 855 ff.↩
- See telegram No. 733, February 24, 1942, from the Minister in Switzerland, ibid., p. 799.↩