740.00114A Pacific War/337: Telegram
The Minister in Switzerland (Harrison) to the Secretary of State
[Received February 23—10:45 p.m.]
1240. American interests Japan. Your 2416, October 23, Legation’s 5010, November 5, your 2529, November 12.12 Swiss Legation Tokyo telegraphs February 19, that as result representations Gorgé, Minister Tani13 addressed note February 17 of which following [is] substance:
“I have the honor to acknowledge receipt of Your Excellency’s notes October 29 and November 28 in which you informed me that American Government is in possession reports Japanese radio stations according which imperial authorities have intention bring before Council [of] War American prisoners of war because military operations in which they participated and to inflict upon them severe punishment including death and that the same Government requested Swiss Government ascertain precise cases in which penal processes have been instituted against American soldiers and if Japanese Government has authorized Swiss representatives to visit prisoners in question as well as requesting other relative information.
In response, primo: Imperial Government has intention bring before Court Martial and severely punish as enemies of humanity those members [of] crews [of] enemy planes who after having raided Japanese territory, Manchukuo or zones Japanese military operations fall in hands Japanese and who after inquiry reveal themselves guilty [of] cruel or inhuman acts. But it has no intention inflict upon them severe punishment because military operations in which they participate [Page 966] as American Government has been informed. This measure taken by Imperial Government is based upon supreme moral [law?] which tries to limit to minimum calamities of war by respect of humanity.
Secundo: Members of crews of American planes who fell into Japanese hands after raid April 18 last on Japan14 have intentionally bombed and set fire to non-military installations such as hospitals, schools and crowds situated far from military installations. What may be more stigmatized is the fact that they wounded and killed little innocent school children who played in the grounds of their school by machine gunning, deliberately mowing them down although recognizing them as such. The crew members in admitting this declared their act was natural and did not reflect adversely on their conduct. The American Government will understand that such persons are unpardonable as enemies of humanity. The Imperial Government cannot treat such guilty as prisoners of war.
Tertio: The guilt of such persons having been established by court inquiry, the death penalty was pronounced according to martial law. However, following commutation [of] punishment granted as special measure to larger part condemned, sentence of death was applied only to certain of accused.
Quarto: The Imperial Government has the intention to treat as prisoners of war those members of crew of enemy planes who fall into Japanese hands after a raid on territory Japan, Manchukuo and zones Japanese military operations who do not indulge in cruel or inhuman acts.”
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