765.84/3022
Memorandum by the Chief of the Division of Near Eastern Affairs (Murray) to the Secretary of State
Mr. Secretary: We have discussed with the Legal Adviser’s Office the question presented by the recent bombardment of the Seventh Day Adventist Hospital at Dessie by Italian airplanes. The facts in the case and our conclusions as to possible action are as follows:
- 1.
- Statements from missionary doctors and newspaper correspondents make it clear that the hospital was severely bombed on December 6th despite the fact that it was plainly marked with numerous red crosses and was flying a large American flag. According to reports from the Chargé d’Affaires at Addis Ababa, the hospital building is located at some distance outside of the town of Dessie. At the same time it seems clear that substantial numbers of Ethiopian troops were concentrated in the vicinity of Dessie and it is an established fact that the Emperor was in the city, and apparently nearby the hospital.
- 3 [2].
- Reports from both the Chargé d’Affaires at Addis Ababa and from the Consul at Geneva make clear that the hospital was affiliated with the Ethiopian Red Cross and consequently entitled to the protection accorded by the Red Cross Convention of 1929. In this connection it is pertinent to mention that foreign Red Cross establishments operating as such in belligerent territories are entitled to the protection of the Convention only in those cases where the Government of the establishment in question has given its approval to the organization. We have not given our approval to the establishment at Dessie or to any other organization of a similar character operating in Ethiopia. Nevertheless, since the hospital at Dessie is duly recognized by the Ethiopian Red Cross, and thus entitled to the protection of the Convention, it might be asserted that this Government has a secondary interest in the institution not only because the hospital is to considerable extent, if not entirely, an American organization, but also because the United States is a party to the Red Cross Convention.
- 3.
- The Consul at Geneva has learned that the
International Red Cross has forwarded to the Italian Red
Cross a copy of the protest against this bombardment
executed by the Ethiopian Red Cross and transmitted to
Geneva by the Ethiopian Government. In conveying this
protest to the Italian Red Cross the International Red
Cross authorities requested that the Italian Government
investigate the allegations of the Ethiopian Red Cross
and added the following statement:
[Page 904]
“The Tafari Makonnen Hospital figures on the list addressed to you on November 6 of hospitals authorized to display the Red Cross. We did not know that it was an American missionary hospital, but we take the liberty of reminding you that the missions at work on Ethiopian territory were mentioned in our telegram to you dated October 15. Furthermore, a list such as that communicated to you is intended only for reference use when need arises and cannot include all stationary hospitals let alone field hospitals legitimately covered by the Red Cross. This emblem alone ought to be sufficient guarantee of protection.”
- 4.
- It seems clear from the foregoing that the appropriate international body, the International Red Cross at Geneva, has already brought the protest of the Ethiopian Red Cross to the attention of the Italian authorities. Nevertheless, it might well be said that we might likewise be justified in bringing the matter to the attention of the Italian authorities on two grounds: (1) the American character of the institution which was injured and (2) as a signatory of the Red Cross Convention we have a secondary interest in seeing that the provisions of the agreement are carried out with respect to American institutions, even those institutions which are operating in the war zone without the approval of this Government.
- 5.
- On the other hand, it must be borne in mind that we have urged American missionaries in Ethiopia on numerous occasions to leave the country. If, acting contrary to our advice, they continue to remain in the danger zone it is at their own risk and we have a clear right to refuse to afford them protection if such seems to be the proper course. Furthermore, it is not apparent that a protest if made to the Italian authorities would have any greater effect than that already made by the International Red Cross authorities. In addition it is not altogether clear that the hospital at Dessie is a 100 per cent American institution.
- 6.
- We are informed in the latter connection by the Seventh Day Adventist headquarters here in Washington that the land on which the hospital is built was furnished by the Ethiopian Emperor who likewise contributed 15,000 thalers (about $5,000 at the then existing rate of exchange) toward the cost of the building. The Adventist headquarters is rather certain that the deed to the property is held by their organization or by one of its members, but before advising us officially to that effect they consider it necessary to obtain information from their London office which has direct supervision over Ethiopian activities of the church. Apparently the bulk of the funds used in supporting the hospital come from the United States but it is possible that funds are contributed from various European countries where the church has branches. Moreover, we know definitely that some of the personnel of the hospital are not American citizens.
- 7.
- The Seventh Day Adventist headquarters here have also raised [Page 905] informally the question of submitting a claim to the Italian Government for the damage done to their property at Dessie. The Legal Adviser’s Office is of the opinion that such a claim could be supported only if it can be shown that the hospital was immune from attack (that now seems to be the case) and that the building was damaged not merely as a casualty of war but was wilfully attacked. It would be most difficult to establish that the Italian attack was wilful, for the Italian authorities would undoubtedly contend that the bombardment was intended as an attack upon the concentration of Ethiopian troops at Dessie and that the falling of bombs on the hospital was an incident which could not be avoided unless the Italian planes descended to an altitude which would have unduly exposed them to Ethiopian fire. Under the circumstances it seems unlikely that a claim could be established.
- 8.
- In view of all the circumstances as set forth above, it would appear to be wise to refrain from making any protest to the Italian Government at this time.
- 9.
- It would appear to be proper, however, to consider the advisability of bringing to the attention of the Italian Government the fact that several American institutions are located in provincial towns in Ethiopia and request that this information be brought to the knowledge of Italian military authorities in East Africa. Similar action, it will be recalled, was taken with respect to American institutions at Addis Ababa and there is no good reason why the same information should not be conveyed with respect to property outside the capital. Before taking even that action, however, it would seem to be prudent to obtain definite information from the missionary organizations in the United States as to the extent of American interests in their lands and buildings in Ethiopia. If you agree with this conclusion we shall communicate with the missionary organizations here and seek the information desired.