176. Memorandum From the Secretary of State to the President1
SUBJECT
- Japanese War Criminals
Under Article 11 of the Treaty of Peace with Japan, Japan accepted the sentences imposed on Japanese war criminals by tribunals established by the Government of the United States or by the International Military Tribunal for the Far East. The power to grant clemency, [Page 356] to reduce sentences and to parole with respect to prisoners sentenced by United States tribunals may not be exercised except on the decision of the United States, and on the recommendation of Japan. In the case of war criminals sentenced by the International Military Tribunal for the Far East, such powers may not be exercised except on the decision of a majority of the Governments represented on the Tribunal, and on the recommendation of Japan.
There are now 66 Japanese war criminals, sentenced by United States tribunals and subject to United States jurisdiction, imprisoned in Japan. Australia, the only other Allied Nation continuing to detain Japanese war criminals, holds only eight and has informed the Japanese Government that it will complete the release of these prisoners by the end of June 1957. The Soviet Union contends that it has released all Japanese war criminals in its custody and Communist China has taken steps to expedite the release of the remaining Japanese war criminals which it holds. The Clemency and Parole Board, to which you have delegated authority to make decisions regarding reductions in sentence and parole, is finding it increasingly difficult to grant parole in the remaining cases on the merits of the individual case. However, the continued incarceration of these war criminals almost twelve years after the termination of the war is an important source of political and psychological friction between this Government and the Government of Japan. The Japanese consider such detention as inconsistent with our close alignment with them and again and again have requested that we act to alleviate the situation.
The Department of State believes it desirable to develop a formula under which the United States Government would release on a case-by-case basis those remaining war criminals subject to United States control whom the Japanese Government is willing to see released in Japan. This could be accomplished by following the general policy of accepting the recommendations of the Japanese Government based upon findings made by a responsible and nonpolitical board, established by that Government, after review of all pertinent facts in each case. The Department of Defense has expressed the view that the present procedures under which the Clemency and Parole Board makes the decision regarding individual releases should be continued. It is believed the Clemency and Parole Board would concur in this viewpoint.
I recommend that Prime Minister Kishi be informed during his forthcoming visit that the United States is aware of frictions created by the continued detention of these war criminals and desires to terminate this issue. In view, however, of American public sentiment which has been aroused by the Girard case, it is believed that it would be [Page 357] unwise to change procedures with regard to these war criminals at this time. The matter will be kept under continuing review and steps to alleviate the issue will be taken at an appropriate time.
Alleviative action in Japanese cases should be accompanied by generally comparable action with respect to the German war criminals in Western Germany.
All of the eleven living war criminals sentenced by the International Military Tribunal for the Far East have been released from incarceration by international action and are now on a parole status. The Japanese have recently requested that a full pardon be granted to three of the paroled prisoners since their parole status, and the restrictions which are placed on their activities in view of this status, imposes a stigma and hampers their return to public office.
I recommend that Prime Minister Kishi be informed that there is no provision for pardon in the Treaty of Peace: the negotiating history of the Treaty indicates that inclusion of the power to grant pardon in the terms of Article 11 was considered and rejected. However, the United States would favorably entertain a request by the Japanese Government, addressed to the Governments represented on the International Military Tribunal for the Far East, that the sentences of the three parolees be reduced to time served, which would have the effect of terminating parole and removing parole restrictions. Reduction of sentence can be effected in such cases by majority agreement of France, the Netherlands, Australia, New Zealand, the United Kingdom, Canada, Pakistan and the United States.
- Source: Department of State, Conference Files: Lot 62 D 181, CF 889. Confidential.↩