711.94114A/5–845
The Acting Secretary of State to the Secretary of War (Stimson)
My Dear Mr. Secretary: I acknowledge the receipt of your letter of May 8, 1945, replying to our letter of April 23, 1945.60 In the last paragraph you suggest that the Department of State carefully check the activities of the Swiss Government in its capacity as protecting Power for United States interests in Japan and promptly bring to its attention any evidence of failure on its part to carry out its duties as protecting Power as diligently and vigorously as possible.
It is the Department’s opinion that the Swiss Government is, in general, doing the best that it can under difficult conditions. The difficulties which the Swiss representatives in the Far East have had to face come from the intransigence and truculence of the Japanese authorities and from the fact that the Japanese Government does not consider itself legally obligated to observe the provisions of the Geneva Convention.
[Page 345]Placed in the unpleasant situation of not being able to hold the Japanese Government legally to observance of the provisions of the Geneva Convention, the Swiss Government has invoked the provisions of the Geneva Convention on humanitarian grounds, regardless of Japan’s legal commitment or obligation to the Convention.
The Swiss authorities have faithfully presented the many strongly worded protests which this Government has found it necessary to address to the Japanese Government with regard to Japanese atrocities and maltreatment of American nationals, and strengthened this Government’s protests with representations of its own concerning the serious character of the charges and the failure of the Japanese Government to live up to the commonly accepted humanitarian standards of civilized nations.
The Swiss Government has also been untiring in its efforts to secure authorization from the Japanese authorities for regular inspection of camps where American nationals are held. As you are aware, the Japanese Government has from the beginning of hostilities refused to grant the right of a protecting Power to represent American interests in Japanese-administered territories outside of Japan proper and China. The Swiss Government has not only acted as agent for the numerous protests of the United States Government concerning the matter, but has urged upon the Japanese Government the desirability and necessity for a reversal of its position. In view of the intransigent attitude of the Japanese authorities, this has not always been an easy undertaking for the Swiss representative. Wherever the Swiss Government has been authorized to visit camps its representatives have been energetic in carrying out their responsibility. They have faithfully, and it would seem honestly, reported on the conditions in the camps and have called upon the Japanese Government to effect improvements. Their representations have not always met with success but this has not been due to failure on their part to press for reforms.
Another instance of the Swiss Government’s efforts is contained in a recent telegram from Bern.61 The Japanese Government requested the Swiss Government to assume protection of their interests in the United States.62 The Swiss Government informed the Japanese Government that it was prepared to take over Japanese interests in the United States subject to certain conditions which included granting greater facilities to Swiss representatives in Japan and Japanese occupied areas in fulfilling the functions of protecting Power in behalf of the United States and Great Britain.
[Page 346]However, if, at any time, there is reason to believe the Swiss Government foils satisfactorily to perform its duties as protecting Power for American prisoners of war and civilian internees in the Far East, I assure you that the Department will promptly bring the matter to the Swiss Government’s attention.
Sincerely yours,
- Neither printed.↩
- Telegram 2940, May 29, 7 p.m., not printed.↩
- The Spanish Embassy relinquished representation of Japanese interests in the United States on March 27. The United States accepted the Swiss Government as representative of these interests on July 21. For texts of notes exchanged on these matters, see Department of State Bulletin, April 8, 1945, p. 649, and July 22, 1945, p. 125.↩