494.11/26: Telegram

The Secretary of State to the Ambassador in Japan (Grew)

205. Your 337, September 2, 4 a.m.5 In order to avoid any possible assumption by the Japanese Government that this Government acquiesces in the broad disclaimer of all liability, you may acknowledge the Foreign Minister’s note and say that your Government cannot accept the position of the Japanese Government that, under the circumstances of the military operations which have been and are now being taken by Japanese forces in China, it is not liable for damages or losses sustained by nationals of third countries as a result of fighting in that area; and that your Government will be under the necessity of looking to the Japanese Government for compensation for such damage and loss suffered either by this Government or its nationals to the extent that liability therefor exists under international law.6

  1. Not printed; it transmitted the text of note No. 102, August 31, 1937, to the American Ambassador in Japan from the Japanese Minister for Foreign Affairs, p. 492.
  2. The note was delivered on September 15, 1937 (494.11/27).