390.1115/7114: Telegram
The Minister in Switzerland (Harrison) to the Secretary of State
[Received April 4—1:35 a.m.]
2079. American interests, prisoners of war, China. Legation’s 167, January 9, and 1660, March 20 [12],37 Swiss Legation, Tokyo, telegraphs:
“[In] answer [to] Gorgé representations [that escapees?] be treated according Geneva Prisoners of War Convention, Japanese Government [Page 977] stated articles 50, 54, and 56 this Convention only apply simple attempts escape. According Japanese authorities case Teeters, Cunningham, Smith not simple attempt escape but conspiracy followed by attempt group escape. This comes under article 3, law 38, March 1, 1905 as follows:
‘Prisoners who plot group evasion subject following punishment: (a) plot chief’s deportation for term or under aggravating circumstances death penalty, (b) others imprisonment forced labor or under attenuating circumstances prison minimum 6 months, maximum 5 years.’
Law referred to modified March 9, 1943. Legation endeavoring obtain text. Will forward when available.”38
Swiss Foreign Office adds:
“Form Japanese reply indicates other attempts escape besides Teeters, Cunningham, Smith, therefore requested Swiss Legation endeavor obtain details particularly information regarding following: (1) Were there other attempts prisoners of war escape besides Teeters, Cunningham, Smith; (2) did above three and other American prisoners of war who attempted escape organize attempt together or isolated groups.”39
Swiss Legation, Tokyo, telegraphs following separately.
“Japanese Government informs Legation engineer Teeters considered prisoner of war since worked Wake for American Navy. Persons employed by enemy armed forces place designated later will be considered treated prisoners war.”
[The question as to what action should be taken by the Department regarding Japanese treatment of prisoners of war attempting concerted escapes received intensive study by Assistant Secretary Long, the Legal Adviser, the Division of Far Eastern Affairs, and the Special Division. Telegrams to the Minister in Switzerland were drafted on April 9 and May 22, but were not sent. In commenting on the May 22 draft, the Chief of the Division of Far Eastern Affairs (Ballantine) stated that a protest might not be advisable because “our legal position may be none too strong” and because of “the possibility that our further insistence concerning the Geneva Convention, to which Japan is actually not a party, will only serve to irritate the Japanese Government possibly to a point where that Government may withdraw its assurance that it will adhere to the provisions thereof”.
In a note of September 30 to the British Chargé (Campbell), the Department amplified the reasons why it felt that no purpose would [Page 978] be served at that time by further controversy with the Japanese authorities, as follows:
(1) “It was believed that no change in the Japanese position or amelioration of the conditions of the prisoners of war would result from such further representations”; (2) “It was thought that the earlier instructions to the American Legation in Bern adequately covered the position of the United States, and that little more could be said than to repeat and amplify the position therein set forth”; (3) “It was feared that further protests in the matter might result in worse treatment by the Japanese of those prisoners who were in their hands, and might lead the Japanese authorities to denounce their undertaking to abide by the provisions of the Convention”; and (4) “It was believed that this was not a point upon which it would be desirable to enter into a lengthy legal argument with the Japanese authorities, as our position from a strictly legal point of view might be less strong in comparison with Japanese arguments than would be our legal position on many other questions involving the treatment of prisoners of war.” (711.93114A/2)]
- Latter not printed.↩
- Telegram No. 2662, April 30, not printed.↩
- In telegram No. 2436, April 19 (390.1115/7234), the Minister in Switzerland stated that Cunningham, Smith, and Teeters had organized the attempted escape, a British officer had participated and four American Marines had been implicated. In telegram No. 4113, July 12 (390.1115/8120), the Minister reported that Cunningham, Smith, and the British officer had been sentenced to 10 years imprisonment; Teeters to 2 years; and the Marines to 4 to 9 years.↩