740.00116 P.W./10–345
Memorandum by the Acting Chairman of the State-War-Navy Coordinating Committee (Matthews) to the Secretary of State
Subject: Request for Assignment of Officers and Civilians on International Military Courts
Reference: SWNCC 57 Series.
At the twenty-sixth meeting of the State-War-Navy Coordinating Committee, a policy and a directive respecting the Apprehension and Punishment of War Criminals (Japan) were approved (see SWNCC 57/3 enclosed herewith35).
Pursuant to the terms of the policy and the directive, the Supreme Commander for the Allied Powers has power to appoint special international military courts composed of military and naval officers, or civilians, of two or more of the United Nations for the trial of Far Eastern war criminals (see paragraphs 5 of the policy and of the directive).
Under date of 24 September 1945, General MacArthur requested the War Department to ask interested Allied Nations to designate suitable officers for membership on such courts and to direct them to report for duty to the Supreme Commander for the Allied Powers at the earliest convenient date. He advised that no such officers were presently available in Tokyo. He was informed that, upon final approval of the directive in this matter, the State Department will be asked to request the Chinese, Soviet and United Kingdom Governments each to assign five (5) individuals qualified for membership on the military courts (and, if the State Department desires, also the Netherlands, Australian, Canadian, French, Philippine and New Zealand [Page 939] Governments each to assign three (3) persons for membership on such courts). These designations (military and/or civilian) should be made at the earliest convenient date in order to permit the Supreme Allied Commander to appoint suitable members for the international military courts from among those representatives assigned by the several governments.
It is accordingly requested that the Chinese, Soviet and United Kingdom Governments (and, if the State Department desires, the Netherlands, Australian, Canadian, French, Philippine and New Zealand Governments) be requested to assign at their earliest convenience, to the Supreme Commander, suitable officers or civilians from whom the Supreme Commander may select judges for these international courts. It is also requested that in approaching these governments the State Department point out that administrative and practical advantages will ensue from the assignment of officers or civilians who speak English. In this manner the language difficulties of the type encountered in Europe may be minimized. It is considered desirable furthermore that there should be civilian representatives on these courts and it is requested that the governments when approached be urged to consider the assignment of suitable civilian as well as military members.
For your information, the Joint Chiefs of Staff are also being requested to send to General MacArthur a message suggesting that he request the local commanders or representatives of the Allied Powers to seek assignment to them of suitable officers or civilians for these courts.
For the State-War-Navy Coordinating Committee: