740.00116 European War 1939/841

Memorandum by Mr. Edwin F. Stanton of the Division of Far Eastern Affairs

Mr. Tsui7 telephoned yesterday afternoon and stated that the Ministry of Foreign Affairs had received a communication from the British Embassy at Chungking in regard to the proposed establishment of a War Crimes Commission.

Mr. Tsui stated that the Ministry of Foreign Affairs had telegraphed the Chinese Embassy here and asked the Embassy to ascertain (1) whether the United States Government is in favor of such a Commission, (2) whether we think membership on the Commission should be restricted (in this connection paragraph 5 of London’s 1608, March 5, 9 p.m. states that the British assume that membership on the Commission should be restricted to the four major United Nations, the Dominion Governments, if they so desire, and Allied Governments in London and that arrangements will have to be made for French representation); and (3) the name of the American representative. Mr. Tsui also stated that the Ministry of Foreign Affairs had indicated that the Chinese Government would welcome an American as Chairman of the Commission. Mr. Stanton told Mr. Tsui that he would look into the matter and give him an oral reply as soon as possible.

Mr. Stanton discussed the foregoing this morning with Mr. Hackworth,8 who is handling this matter. Mr. Hackworth stated that as regards the first inquiry he felt it would be in order to inform Mr. Tsui that this Government was in favor of the establishment of [Page 405] this Commission. As regards the other points, Mr. Hackworth suggested that Mr. Tsui be orally informed that these matters were being given careful consideration but that no definite decisions have yet been made. Mr. Tsui has been orally informed in the above sense.

  1. Tswen-ling Tsui, First Secretary of the Chinese Embassy.
  2. Green H. Hackworth, Legal Adviser.