740.00119 PW/9–1845
The Department of State to the State-War-Navy Coordinating Committee
Disposition of Equipment Surrendered to Allied Forces
I. The Problem
What disposition should be made of surrendered military equipment with respect to the claims on that equipment of the territorial sovereign.
II. Facts Bearing on the Problem
- A.
- On September 8 the Supreme Allied Commander of the Southeast Asia Command stated that he would temporarily allocate surrendered equipment for use by occupying forces or for use where movement from one area to another was involved and requested further guidance from the British Chiefs of Staff on the question of the use of surrendered equipment, inquiring if it might be used for the equipping of any Allied forces placed under his command for reoccupation duties, or for the rehabilitation of Allied countries; and in final disposition whether such equipment handed over in the territory of an Ally is to be regarded as the property of the Government of that Ally. A copy of the request was transmitted to the United States Joint Chiefs of Staff for possible comment.
- B.
- Current practice in Europe and United States policy in the Far East as indicated in SWNCC 58/5,30 which was revised to become 58/9,31 is to destroy surrendered equipment. It is understood, however, that the theatre commander is empowered to make surrendered material available to any local police force which he desires to use to maintain order. In no instance, however, may such equipment be used to equip and arm forces which might become a postwar army in any area nor is such equipment handed over in the territory of an Ally regarded as the property of the Government of that Ally.
III. Discussion
Equipment surrendered in Europe has in general been destroyed and it is United States policy in the Far East likewise to destroy surrendered equipment. There would be no objection, however, to the theatre commander using surrendered material in equipping a police force to maintain order, but accepted practice would permit objection to be raised to the arming of forces which might become a postwar army in any given area or to the handing over of such equipment taken [Page 621] in the territory of an Ally to become the property of that Ally. In view of the fact that the United States does not oppose the reestablishment of French, British or Dutch control over their former colonies but does not propose to be an active agent in supporting the reestablishment of their control by force, it seems desirable to extend the current policy to the Southeast Asia Command.
IV. Conclusions
It is concluded that equipment surrendered in the Southeast Asia Command should in general be destroyed or, in a limited degree, at the discretion of the theatre commander, be used to equip a police force to maintain local order. It would be undesirable to establish a precedent that an Ally should turn over to any territorial sovereign equipment seized in the territory of that sovereign.
V. Recommendation
It is recommended that the Joint Chiefs of Staff inform the Combined Chiefs of Staff of the above conclusion with the suggestion that a directive be issued to the Supreme Allied Commander of the Southeast Asia Command to that effect.