Memorandum from the Russian Embassy left at the Department of State January 6, 1905.
General Stoessel, aid de camp, communicates that the Japanese army, while bombarding Port Arthur, frequently directed its fire against the hospitals of this fortified city, as well as against the floating hospitals, causing serious damage to them. Thus on November 30 after the capture of Great Mountain the Japanese directed the fire of their 11-inch guns against our hospitals in which there were wounded persons. Hospital No. 9 suffered specially, and its chief surgeon, Doctor Krjivec, was killed. The Japanese shell some time afterwards destroyed Hospital No. 6 and damaged Hospital No. 11, wounding a surgeon therein, a Sister of Charity, and a large number of wounded persons who were there undergoing treatment. General Stoessel did not fail at the time to call the attention of General Nogi, in command of the besieging troops, to these positively wrongful acts.
Considering the above-mentioned procedure of the Japanese as constituting a flagrant violation of the elementary principles of the law of nations, and especially contrary to article 27 of the protocol of The Hague, by which the laws of land warfare were regulated, and of which Japan is also one of the signatories, the imperial government deems it its duty to protest against said procedure in a formal manner.
The imperial ambassador at Paris, by order of his government, has requested Mr. Delcassé to instruct the minister of France at Tokyo to take this step.[Page 755]
Memorandum from the Department of State to the Russian Embassy, January 7, 1905.
The Department of State has received the undated memorandum of the Russian embassy containing the statements made by General Stoessel regarding the alleged bombardment of hospitals by the Japanese forces at Port Arthur, and the protest of the Imperial Russian Government against the acts alleged as in violation of the elementary principles of international law, and in conflict with the stipulations of article 27 of The Hague protocol relating to the laws of war on land.
The Department of State takes due notice of the statements and protests thus made.