740.00116 PW/10–1345: Telegram
The Secretary of State to the Chargé in the United Kingdom (Gallman)
9132. For Hodgson. Urtel 10706 Oct 13 and your telephone conversation with General Weir47 October 15. No objection your attendance at War Office meeting October 16.
War Department with Depts concurrence replied to Commanding General, United States Forces, India Burma Theater, October 15 in part as follows:
“The opinion that ALFSEA48 military tribunal has jurisdiction to try war criminals for crimes committed against nationals of United States and other allied countries is concurred in. It is suggested that the War Crimes Branch continue forwarding names of suspected Japanese to Headquarters SEAC49 or other supreme authority in areas where the United States is not participating in occupation. Recommend that trial of such Japanese war criminals as may be apprehended by or delivered to you proceed before ALFSEA courts if British authorities are agreeable to this. Approval of United States War Crimes Office or United Nations War Crimes Commission will not be required before reference for trial. Policy is that a court of other allied nations may proceed to try a war criminal for an offense against a national of one of such nations who is also guilty of a crime against a United States national, with your office tendering full cooperation. If appropriate, you may request your office be represented in the prosecution. Suggest consideration be given to problems arising if death [Page 945] sentence is imposed by ALFSEA or India Burma Theater on war criminals who may be wanted as witnesses or defendants in trials held in Tokyo or in other locations.”