740.00116 Pacific War/6–944
The Chairman of the United Nations War Crimes Commission ( Hurst ) to the Secretary of State
Establishment of a Far Eastern and Pacific Sub-Commission
Sir: It has been contemplated from the outset that the execution of the United Nations’ policy of punishing war crimes might necessitate the creation, in addition to the main Commission in London, of regional branches or panels for the investigation of such crimes. The United Nations War Crimes Commission has now decided to establish such a branch at Chungking for the investigation of Japanese war crimes under the name of the Far Eastern and Pacific Sub-Commission.
I have been requested by the Commission to bring this decision to the notice of the member Governments which are directly affected by the war with Japan and to give the following further information regarding the Sub-Commission.
The United Nations War Crimes Commission has agreed that:—
- (i)
- The Sub-Commission may sit at places other than Chungking as its work may require.
- (ii)
- Recommendations for modifications of the principles and rules adopted by the main Commission which may be required by local circumstances shall be reported to the main Commission for approval.
- (iii)
- Recommendations to the Governments must be made through the Commission.
- (iv)
- The expenses of the Sub-Commission shall be met in the same manner as those of the Commission, that is to say, that each Government will pay the expenses of its representatives and the cost of preparing and transmitting cases to it, and the expenses incurred in the operation of the Sub-Commission itself will be met out of the budget of the main Commission. His Excellency the Chinese Ambassador in London, Dr. Wellington Koo, has been so good as to promise that his Government will provide the Sub-Commission with premises in China as is done in London for the main Commission by His Majesty’s Government in the United Kingdom.
The question of bringing Japanese war crimes before the main Commission was left open, but some members envisaged the possibility of their Governments bringing certain cases before the Commission. It was also the view of the Commission that the establishment of the Sub-Commission does not preclude the creation of other branches of the Commission.
The first task of the Far Eastern and Pacific Sub-Commission will be to study the numerous Japanese war crimes which some Governments are understood to desire to bring before it—cases evidence of which is in their possession and ready for examination. While some [Page 1328] other interested Governments may not at present be in a position to transmit cases to the Sub-Commission, it is the hope of the Chinese Government as expressed by its representatives and of the War Crimes Commission as a whole, that as many of those Governments as possible will appoint representatives on the Sub-Commission, and in this manner both demonstrate the common interest of the United Nations in the punishment of war crimes and cooperate in ensuring that all war crimes committed by the same enemy shall be dealt with in accordance with the same principles.
If, as is hoped, your Government intends to be represented on the Sub-Commission, the decision and eventually the name of the first representative should be notified to the Chinese Government and to the Secretary-General of the Commission.
The Commission has invited the Chinese Government to be so good as to arrange for the organizing meeting of the Sub-Commission at the appropriate time.
I beg to request that you will be so good as to bring the foregoing to the attention of your Government.
I am [etc.]