393.115 Standard Vacuum Oil Company/7
Memorandum by the Legal Adviser (Hackworth)
Since Japan has refrained from declaring war against China and has not claimed the status of a belligerent, nor issued a list of contraband, it would seem to be clear that the alleged “confiscation” of the 114 cases of American-owned kerosene oil77 could not constitute an act of belligerency under the rules of war. Accordingly, Japan has the legal obligation to pay for the seized goods, and it would seem rather improbable that she would question that obligation or contend that the existing situation legally justifies “confiscation” of any American property.
Under the circumstances it would seem to be appropriate to ascertain the value of the seized property and to demand payment therefor from the Japanese Government.