740.00117 Pacific War/60
The Acting Secretary of the Navy (Forrestal) to the Secretary of State
Sir: Reference is made to Department of State letter of 6 July 1943 enclosing a copy of a memorandum from the Spanish Embassy regarding alleged attacks on six Japanese hospital ships.
The Department of State’s letter with enclosure was referred to the Joint Chiefs of Staff who have had the charges fully investigated. It appears that most of the attacks on hospital ships alleged by the Japanese did [not?] occur. None of the attacks were deliberate. For the information of the Department of State detailed data concerning the six alleged attacks is enclosed herewith59 as Enclosure “A”, and a letter addressed by General Douglas MacArthur60 to the Prime Minister of Australia61 in connection with this protest is also enclosed as Enclosure “B”.
It is understood that a similar protest was made by the Japanese to the British Government. In this connection an agreement of the Combined Chiefs of Staff provides that if a protest concerning the same incident is addressed by the enemy to both the United States and British Governments, consultation shall take place before a reply is made. A copy of this letter is being furnished to the British Chiefs of Staff, as well as to the U. S. Chiefs of Staff. It is requested that the appropriate British authorities be consulted before a reply to the Japanese protest is made in this case.
In accordance with a request in your referenced letter, the following detailed reply to the Japanese Government is recommended:
“The alleged attacks on six Japanese hospital ships have been carefully investigated. Only in the cases of the Urabu Maru and Huso Maru is there evidence that the attacks did occur. These were accidental attacks and occurred only because the ships were inadequately marked as hospital ships.
“In the cases of the other hospital ships mentioned there is no evidence that attacks were made on these ships. Military operations were in progress in the vicinity at the approximate time of the alleged attacks. Possibly the hospital ships were in too close proximity to the military objectives, or being improperly or insufficiently marked, were, through mistake, the objects of attacks themselves, though all the reports available indicate that all attacks were made on ships of a different character.
“The terms of the Hague Convention outlining the markings, use, and immunity of hospital ships, have been made known to all concerned in the armed forces of this Government. The fact that they are known by the personnel of the armed forces and that such personnel [Page 1039] make every effort to observe them, is repeatedly indicated by reports of the sighting of hospital ships which have not been molested when recognized as such.
“This Government desires to take every practicable step to avoid attacks on hospital ships. To this end it is considered that hospital ships should carry out the following policies:
- a.
- In order to acquire right to immunity at night, hospital ships must be illuminated continuously from sunset to sunrise.
- b.
- In order to acquire right to immunity at night, the funnels and hulls of hospital ships must be illuminated from sunset to sunrise to show the red crosses, white painting and green band. Distinctive markings which must at all times be displayed on the decks for identification from the air must be similarly illuminated at night.
- c.
- If markings are not illuminated at the time of an attack at night, no complaint can be entertained. It is not, however, illegal for a hospital ship to darken ship at her own risk on necessary occasions such as when lying in a port, passing through defensive minefields or in company with the fleet.
- d.
- Any form of maneuvers or strategems at sea such as practiced by naval vessels to deceive an enemy is not permitted to hospital ships, except when alteration of course is necessary in special circumstances to avoid compromising an operation.
- e.
- A ship which has been designated as a hospital
ship may carry the following:
- (1)
- The regular personnel assigned to the ship.
- (2)
- Combatant and noncombatant personnel only if wounded, sick, or shipwrecked, except that strictly medical corps personnel and personnel of an officially recognized relief society traveling either as units or as casuals may be carried for passage in either direction.
- (3)
- Supplies incident to and for use on board the ship.
- (4)
- Regular medical supplies and equipment, exclusive of ambulances and all other vehicles.
- (5)
- No other passengers, materials, mail, or stores may be carried.
- f.
- A hospital ship in company with legitimate targets is not because of that fact a legitimate target for attack, but is placed in jeopardy and accepts the risk of accidental attack under such circumstances.
- g.
- A hospital ship operating in the vicinity of military objectives accepts the risk of damage incidental to attacks upon the military objectives.
“If the Japanese Government will carry out such policies with regard to the operation of hospital ships, the chances of mistaken attacks occurring against these ships will be greatly reduced.”
Respectfully,