711.94114/12–2244

The Department of State to the Spanish Embassy

Memorandum

The Department of State refers to a memorandum dated December 11, 1944 (No. 250, Ex. 150.000) from the Spanish Embassy in charge of Japanese interests in the continental United States transmitting a memorandum from the Japanese Government dated December 9, 1944 protesting against the alleged rifling by American soldiers of the possessions of deceased Japanese soldiers.

The Spanish Embassy is informed with regard to the protest that the revolver and the sword alleged to have been removed from the body of a deceased Japanese officer are considered to be necessary war material susceptible of direct military use as prescribed in Annex to Hague Convention, No. IV, Article 53, Paragraph 214 which states that all kinds of ammunition of war may be seized even if they belong to private individuals. The removal, therefore, of the revolver and sword was in no way unlawful. The wrist watch might also be included in this category unless it were removed for personal gain. The War Department is accordingly informing the Theater Commander of all details concerning the alleged incident for corrective action if such may be found necessary.