740.00119 Control
(Japan)/9–645
Memorandum by the Director of the Office of
Far Eastern Affairs (Ballantine)15
[Washington,] September 6,
1945.
The Department’s representatives on the SWNCC16 subcommittee for the Far East find it
necessary to take a position on the question of the policy which
should be followed in the trial of war criminals. I feel that
this is a matter which should be decided by the policy officers
of the Department and I attach a memorandum prepared by Dr.
Quincy Wright setting forth the issue before the committee and
his recommendations in regard thereto, in which I concur. You
will note that he states that it would be desirable to have a
decision on this matter by Friday morning, September 7.
I would therefore appreciate your indicating whether you concur
in the recommendation or whether you desire that some other
position be taken.17
[Annex]
Memorandum by the Consultant of the Office
of Far Eastern Affairs (Wright), to the Director of the Office
(Ballantine)
[Washington,]
September 6, 1945.
Subject: Directive Concerning Prosecution of
War Criminals in Japan
- 1.
- The question has arisen in a special Sub-committee of
SWNCC concerning the policy which should be followed in
the trial of war
[Page 920]
criminals. Every one in the special Sub-committee has
agreed upon the procedure to be followed in regard to
war criminals other than major war criminals. There is,
however, disagreement in regard to the prosecuting
agency and tribunals to deal with major war criminals
such as those charged with the initiation of aggressive
war.
- 2.
- It has been suggested that a directive should be sent
with approval of the Joint Chiefs of Staff to the
Supreme Commander for the Allied powers to establish a
prosecuting agency to prepare cases against such major
war criminals and to establish international military
tribunals consisting of officers or civilians from
Allied countries as well as from the United States for
the trial of such major war criminals.
- 3.
- In support of this suggestion it is contended that
such a procedure would eliminate the delays and
difficulties which have been encountered in Europe in
establishing and conducting a prosecuting agency and a
tribunal by international action. It is also contended
that such a procedure would assist in establishing the
authority of the Supreme Commander to act in all matters
for the Allied powers.
- 4.
- On the other hand it is contended that our Allies
might feel that when dealing with a matter of obvious
international importance directives to the Supreme
Commander for the Allied powers ought to be approved by
all the powers for which he acts, and furthermore that
it would be of great advantage if the tribunal which
tries major war criminals acted directly under
international authority. Such a tribunal would command
greater respect in establishing precedents and in
impressing the Japanese people, and would also take some
of the onus, certain to attach to the trial of major war
criminals, from the shoulders of the United
States.
- 5.
- With the above considerations in mind the Department
of State representatives on the special Sub-committee
would like to take the following position:
- (a)
- No directive should be sent to the Supreme
Commander in the matter of the international
prosecuting agency and the international tribunal
for major war crimes until cleared by our
principal Allies.
- (b)
- The policy should be adopted of establishing a
unified agency under the Supreme Commander for
prosecuting war criminals. On the other hand the
tribunal for the trial of such war criminals
should be established by agreement among the
principal Allies and should act under their
authority.
- (c)
- A note stating these policies should at once
be sent to Great Britain, China, the Soviet Union
and perhaps other Allied countries asking for
their approval of these policies.
- (d)
- As soon as that approval has been obtained a
directive should be sent to the Supreme Commander
to organize the prosecuting agency and steps
should be taken to establish the tribunal.
- 6.
- We would appreciate knowing whether this procedure has
your approval, if possible before the meeting of the
special Sub-committee Friday morning, the 7th
September.
