Foreign Relations of the United States: Diplomatic Papers, 1945, The British Commonwealth, The Far East, Volume VI

711.94114A/7–1245: Airgram

The Acting Secretary of State to the Minister in Switzerland (Harrison)

Washington, July 21, 1945.

A–58. Am[erican] Interests—Jap. Legtel 3347, June 28⁸¹ and 3541, July 12. Express Dept’s appreciation for Gorgés action in pointing out to Suzuki the obligation of Jap Gov under Article 4 of Red Cross convention and importance attached in western countries to death certificates. Department desires Gorgé to make further representations along following lines:

1) US Gov believes Article 76 and 77 of Geneva POW Convention and Article 4 of Red Cross Convention embody clear obligation of belligerents to furnish death certificates. US Gov has consistently furnished such certificates for Jap nationals dying in American custody to Intercross and to protecting Power when it functioned. US Gov continues to furnish death certificates to Intercross and in absence of protecting Power for Jap interests in US, US Gov is holding certificates until new protecting Power is designated.

2) Article 4 of Red Cross Convention which Jap Gov ratified refers to belligerents and reads in part “They shall draw up and forward to each other death certificates”. US Gov cannot understand how Jap Gov can interpret this provision to mean that it will prepare such certificates only when special request is made.

3) US Gov calls upon the Jap Gov to honor the clear and unequivocal obligation of Article 4 and to furnish death certificates to the US Gov for all Americans who die in Japanese custody.⁸²

Grew

81. Not printed; but for summary, see footnote 77, p. 352.
82. In airgram A–988, August 23, the Minister in Switzerland reported that the Swiss Legation in Japan had cabled the Swiss Foreign Office on August 18 of its intervention “with Japanese Foreign Office in emphasizing statements contained in your A–458”. (711.94114A/8–2345)