390.1115/4378: Telegram

The Secretary of State to the Minister in Switzerland (Harrison)

2048. Your 3672, August 8. Request the Swiss Government to inform the Japanese Government:

1.
That the American Government has observed:
a.
That visits to American prisoners of war and civilian internees, made in accordance with the provisions of Article 86 of the Prisoners of War Convention by representatives of Switzerland, the Protecting [Page 816] Power for American interests in Japan, have been restricted to camps and places of detention in Japan proper and in Shanghai where there are only a small proportion of the total number of American nationals held by Japan.
b.
That visits by delegates of the International Red Cross Committee have been restricted to the same areas, with the addition of Hong Kong, contrary to international customs and usages governing the activities of such delegates, and contrary to the practice of the American Government, which permits free access by delegates of the Committee to all places where Japanese nationals are held on American and American controlled territory and expects the Japanese Government reciprocally to grant the same privilege to delegates of the Committee in Japan and in territory under Japanese control.
2.
That the American Government views with disquiet the restriction by the Japanese Government of the right of visit by official neutral observers to places of internment of American nationals held by the Japanese, and reminds the Japanese Government that the right of visit is guaranteed by accepted international usage and specifically provided for in Article 86 of the Prisoners of War Convention in the following words:

“Representatives of the Protecting Power or its accepted delegates shall be permitted to go to any place, without exception, where prisoners of war are interned. They shall have access to all places occupied by prisoners and may interview them, as a general rule without witnesses, personally or through interpreters”.

3.
That in this connection the American Government further reminds the Japanese Government that this right of visit is among the most important of the rights granted by the Convention, in that it furnishes both a method of control to safeguard the carrying out of the other provisions of the Convention and forms a means by which contending belligerents may mutually and reciprocally reassure one another of their fulfilment of the provisions of the Convention with regard to the nationals of the other power, and that as a result the refusal of this right may lead to the conclusion that the prisoners and internees in places to which access is refused are being denied the benefit of other provisions of the Convention.
4.
That the American Government desires to know whether the Japanese Government will henceforth give full effect to the provisions of the Geneva Convention and will promptly permit representatives of the protecting power for American interests to have access to all places of internment of American nationals held by the Japanese, either by allowing these representatives to travel to territory under Japanese control to all of these places of detention, wherever they may be within that territory, or by speedily and safely removing to those territories to which it now permits access by representatives of [Page 817] the protecting power, all of the American nationals held by the Japanese in such restricted areas without exception whether prisoners of war or civilians.

It would be appreciated if the Swiss Government would request its representatives promptly to report whether or not the Japanese Government gives effect to any assurances that it may give in response to the above representations concerning the permitting of visits to all places where Americans are detained without any exception whatsoever.

Hull