390.1115/6099: Telegram

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

5807. American interests—prisoners of war, China. Legation’s 5107, November 11.70 Swiss Foreign Office reports following undated telegram received from Swiss Consulate General Shanghai:

“Japanese Government has informed American Government [it] had decided apply mutatis mutandis Geneva Convention July 27, 1929, regarding treatment prisoners [of] war but without any way changing effect Japanese laws in force.

Plan escape made by persons in question constitutes grave violation dispositions law number 38 of February 28, 1915, regarding punishments inflicted prisoners war, their chief in this case Commander Cunningham liable death penalty according this law. Nevertheless Japanese authorities showed clemency and condemned them to punishment which considered very light compared gravity accusations. As consequence Japanese Government does not see itself in position entertain protest of American Government.”

Swiss Foreign Office states will forward any further information this subject received from Swiss Legation Tokyo or Consulate General Shanghai.

  1. Not printed.