740.00116 PW/10–345

The Secretary of State to the Chinese Ambassador (Wei)54

The Secretary of State presents his compliments to His Excellency the Chinese Ambassador and has the honor to enclose a memorandum concerning the policy of the United States in regard to the apprehension and punishment of war criminals in the Far East.55

The Supreme Commander for the Allied Powers who has received a directive in accordance with this statement of policy, has requested the designation by the interested Allied Nations of suitable individuals for appointment to the international courts to be established for the trial of Far Eastern war criminals.

Accordingly, the Government of the United States is requesting the Governments of China, the United Kingdom and the Soviet Union each to designate five, and the Governments of Australia, Canada, France, the Netherlands and New Zealand to designate three, military officers or civilians qualified for membership on the international military courts described in the first four sentences of paragraph 5 of the enclosure, in order to permit the Supreme Commander for the Allied Powers to appoint suitable members. It is considered desirable that there should be civilian representatives on these courts and it is accordingly suggested that the selection of suitable civilians as well as military members be considered. The designation of individuals who speak English would make for substantial administrative and other practical advantages.

Although it is expected that the apprehension and trial of Far Eastern war criminals will be a subject for discussion in the Far Eastern Advisory Commission, it is hoped that the Chinese Government may see fit promptly to designate personnel for appointment to the international military courts in order that there may be as little delay as possible in this matter.

  1. Identic notes were sent on the same date to Chiefs of Mission in Washington from Australia, Canada, France, the Netherlands, New Zealand, the Soviet Union, and the United Kingdom.
  2. The memorandum consisted of Appendix C (enclosure 3) to SWNCC 57/3, September 12 (as amended October 2), p. 926.