740.00117 Pacific War/61
The Secretary of State to the Secretary of the Navy (Knox)
My Dear Mr. Secretary: I refer to the Navy Department’s letter of September 18, 1943 stating that the charges made by the Japanese Government in the protest forwarded to the United States Government through its protecting Power in this country regarding alleged attacks on six Japanese hospital ships have been fully investigated by the Joint Chiefs of Staff and transmitting the text of a proposed reply to that protest. Mention is also made of the fact that a similar protest has been received by the British Government, and attention is called in that connection to an agreement reached by the Combined Chiefs of Staff that consultation shall take place between the British and United States Governments before a reply is made to a protest concerning the same incident that is addressed by the enemy to both Governments.
As requested by the Navy Department, the text of the proposed reply to the Japanese protest was communicated to the British Embassy64 for consideration by the appropriate British authorities.
In a recent telephone conversation, Captain Hale of the Central Division of Operations of the Navy Department was apprised by an officer of this Department that according to oral information that had been received from the British Embassy the British Government had expressed its disagreement with the reply to the Japanese protest proposed on the part of this Government and that the Embassy suggested that a meeting be arranged between certain of its representatives and others of this Government as a means of achieving an agreement of views with respect to the replies to be made to the protest by the United States and British Governments. Captain Hale stated on October 29, 1943 during a subsequent telephone conversation that he had conveyed the suggestion of the British Embassy to the Secretary of the Joint Chiefs of Staff but that the latter was of the opinion that a written communication setting forth the views of the British Government in the matter would be required for purposes of study. This information was communicated to the British Embassy, and a written statement dated November 2, 1943, a copy of which is enclosed,65 has now been received from that source. There are also enclosed a copy of this [Page 1042] Department’s memorandum of September 30, 1943 and a copy of the British Embassy’s memorandum of August 5, 194366 that are referred to in the statement.
The views of the Joint Chiefs of Staff in regard to the sense of a further communication to be addressed to the British Embassy on this subject would be appreciated.
In the event, however, that it should eventually be agreed that a reply to the Japanese protest be made substantially in the terms set forth in the Navy Department’s letter of September 18, 1943, I offer for the consideration of the appropriate military authorities the following suggested amendments in the text of that proposed reply in the belief that if so amended it would be more likely to result in a favorable response from the Japanese Government:
- (1)
- The fourth paragraph which immediately precedes
subparagraph “a” to be deleted and a
paragraph in the following sense to be substituted therefor:
“The United States Government desires that the Japanese Government be informed that the United States Government has every intention of continuing to respect the immunity of hospital ships in accordance with its assumed obligations and international practice. It is observed, however, that it is not always possible for aircraft under modern conditions to make out the markings on hospital ships. The United States Government has accordingly placed additional markings on its hospital ships and urges the Japanese Government to do likewise. In this connection, the mutual adoption of the following policies is advocated:”
- (2)
- The following new paragraph to be inserted between
subparagraphs “c” and “d”:
“In addition, the United States Government proposes the mutual adoption of the following policies in clarification of international practice as set forth in the provisions of Article 4 of the Tenth Hague Convention:”67
- (3)
- If these suggested amendments are adopted, the final paragraph of the previously proposed reply (that following sub-paragraph “g”) to be deleted.
A further protest of the Japanese Government transmitted to this Government through the channels of the International Red Cross Committee alleging attacks on nine hospital ships, including the six referred to in the earlier protest transmitted through the protecting Power and the additional three that form the subject of the Navy Department’s letter of September 29, 1943, was similarly transmitted to the British Government. The British Embassy informed this Department68 in that connection that the British Government does [Page 1043] not propose to reply to this second protest, since it is considered that the International Red Cross Committee has no standing in this matter, and inquired regarding the action which the United States Government proposes to take. In replying to the Embassy,69 it was stated that this Department had already informed the Chairman of the American Red Cross, through whom it received the message from the International Red Cross Committee, that the Japanese Government had previously complained of six of the alleged attacks through the Spanish Government in charge of Japanese interests in the continental United States and that the reply of the United States Government, when it is communicated to the Japanese Government through Spanish channels, will be transmitted to him in substance for his information. It was also stated that it had been indicated to the Chairman that the same procedure will be followed when investigations are completed in connection with the other three alleged attacks on Japanese hospital ships. The Embassy stated on October 4, 194370 that it was informing the British Government of the proposed action of the United States Government in this regard.
No further word has been received from the British Embassy concerning the Japanese protest transmitted through the channels of the International Red Cross Committee. In view of the policy formulated by the Combined Chiefs of Staff, however, no definitive action will be taken by this Department in replying to either protest alleging attacks on Japanese hospital ships without first obtaining the concurrence of the British Government.
Sincerely yours,
Assistant Secretary
- September 30, not printed.↩
- Not printed; it expressed the view of the British Government that presentation of “the facts in regard to the individual cases, might prove a more effective reply to the specific Japanese allegations than would the statement of agreed principles set forth in the Department of State’s draft.” (740.00117 Pacific War/61)↩
- Neither printed.↩
- Foreign Relations, 1907, pt. 2, p. 1229.↩
- In a letter of September 17, not printed.↩
- Reply of September 30 not printed.↩
- Letter not printed.↩