793.94/12620
The Japanese Minister for Foreign Affairs (Hirota) to the American Ambassador in Japan (Grew)
Excellency: I have the honor to refer to my communication No. 6 Asia I, Confidential, of February 15, 1938, regarding the marking of the location of property of nationals of third countries in China and to inform Your Excellency that as a result of recent aerial reconnoiters by the Imperial armies in the areas along the Peiping-Hankow railway and the banks of the Yellow River it has been ascertained that there are numerous cases of the Chinese armies deliberately stationing trains and setting up objects of a military nature nearby churches, factories, and the like of nationals of third countries in, first of all, Luchow [Puchow?] and in the cities of the left bank of the Yellow River.
Although as I have repeatedly stated, it is the policy of the Imperial Army to respect to the utmost the lives and properties of nationals of third countries, inasmuch as it has become necessary from the standpoint of military operations to attack these Chinese trains and other objects of a military character, it goes without saying that the Imperial Government cannot assume responsibility for incidental damage suffered, by reason of proximity to the Chinese, by third countries in those cases where the Chinese have deliberately used areas [Page 586] adjoining property of nations of the third countries for military purposes.
In this connection it is earnestly requested that in those cases where objects of a military nature lie in the vicinity of churches, factories, and the like owned by your nationals, the Chinese be urged to move these military objects elsewhere and to refrain from placing them in contiguous areas.
I avail myself [etc.]