740.00117 Pacific War/95
The Spanish Embassy to
the Department of State
74
Memorandum
No. 354
Ex. 111.00
The Spanish Embassy presents its compliments to the Department of
State and begs to transmit herewith the complaint that has been
received from the Japanese Government through the “Ministerio de
Asuntos Exteriores” of Madrid regarding the aerial bombardment of
the hospital ship Buenos Aires Maru and which
reads as follows:
[Page 1045]
- “(1) While navigating at a point 2 degrees 40 minutes
south latitude and 129 [149]75 degrees 20 minutes East
longitude at 8:10 November 27 this year, Japanese
hospital ship Buenos Aires Maru
was attacked by the United States aircraft (Consolidated
B 24). Vessel was hit by bomb on portside and sunk in
about forty minutes. Said United States aircraft came
with sun behind it at altitude of about 1,000 metres
from direction of ship’s stern and after dropping one
bomb disappeared into cloud in direction of ship’s bow.
As soon as ship was struck, life boats, motor boats,
etc. numbering 18 in all, were lowered and nearly all
wounded and sick soldiers and others on board were taken
into life boats or on raft before ship sank. However,
about 30 persons in No. 4 hatch including wounded and
sick soldiers who were being borne on stretchers were
apparently either crushed to death or injured by beam
over hatch entrance which fell with violent explosion of
the bomb, and went down with ship. Drifting with no
means of communication those taken aboard life boats,
motor boats, etc. sighted United States patrol planes on
several occasions between November 27 and December 2,
and on each occasion they hoisted a red cross formed
with pieces of red cloth. Said patrol planes seemed to
recognize the markings from extremely low altitude at
which they flew. In fact, on December 1, one of them
flying at altitude of only about [100] metres machine
gunned drifting boats packed with wounded and sick
soldiers resulting in two killed and one injured. On
afternoon December 2, some of drifting boats were
discovered and rescued by Japanese vessels which
happened to be navigating in vicinity. On basis of
reports given by survivors remaining drifting, survivors
were rescued by Japanese airplanes and boats on same day
and 3rd, but total casualties numbered 374 in dead or
missing including nurses going home on relief.
- (II) Name of Buenos Aires Maru
had been duly communicated to United States Government
December 1942, through the Spanish Government
representing Japanese interests in accordance with
stipulations of article 1 of Hague Convention of 1907
for Adaptation of principles of Geneva Convention on
Maritime War. —Moreover, in addition to markings
stipulated under Article 5 of foregoing Convention,
vessel bore special red cross markings for aerial and
night purposes designed by Japanese Military Authorities
which are extremely easy to recognize. This fact, also,
had been duly communicated to United States Government,
furthermore weather being very clear at time of attack
it was perfectly possible to recognize these markings
from low altitude of about 1,000 metres with sun at
back. In these circumstances the bombing in question by
United States aircraft not only is violation of above
mentioned Hague Convention and fundamental principles of
International Law, but also must be considered as
against humanity, especially killing of innocent nurses
as well as machine gunning of wounded. In view of these
facts Japanese Government hereby lodge solemn protest
with Government of United States urge their reflection
and demand prompt reply based upon investigation,
punishment of responsible persons and guarantee against
recurrence of such incidents in future. At same time
Japanese Government declare that they will reserve all
rights with respect to
[Page 1046]
rectification of above mentioned
unlawful act. On June 28 last, Japanese Government
lodged protest with United States Government through
Spanish Government representing Japanese interests
concerning attacks upon Arabia
Maru and five other Japanese hospital ships.
More recently Japanese Government protested to United
States Government through same channel concerning
similar attacks upon Takasago
Maru and three other hospital ships, but to
this date they have not been in receipt of any reply
instead there is no end to attacks upon Japanese
hospital ships as has been proved by sinking of Buenos Aires Maru. This matter on
which Japanese Government look with grave concern and to
which they desire to draw attention to United States
Government.”
Washington
, December 20, 1943.
[Replies to the three Japanese protests were made in 1944.]
