740.00116 P.W./11–145: Telegram
The Ambassador in the United Kingdom (Winant) to the Secretary of State
[Received November 1—6:10 a.m.]
11417. From Hodgson. Late on October 30th I was notified that consideration of following draft letter to United Kingdom Secretary for Foreign Affairs59 had been added to the agenda of War Crimes Commission meeting of October 31st:
“On August 29th the United Nations War Crimes Commission adopted and decided to refer to member governments certain recommendations regarding the measures which might most usefully be taken to ensure that Japanese war criminals, both major and minor, are brought to a speedy and just trial. These recommendations were based on the views expressed by delegates from the respective national war crimes offices at the United Nations Conference which met in London on May 31st, as well as on the practical experience of the military authorities in the European theatre and the provisions contained in the inter-Allied agreement of August 8th for the prosecution and punishment of the major criminals of the European Axis.
“Members of the Commission are agreed upon the desirability of bringing Japanese war criminals to justice with the least delay and are anxious to see the fullest cooperation between the United Nations to this end.
“Therefore and in accordance with the above mentioned recommendations they have asked me as their Chairman to request that His Majesty’s Government in the United Kingdom should convene as soon [Page 950] as possible an inter-governmental conference to consider carrying out such of the Commission’s recommendations as may require implementation.”
Draft letter was received with above notice. Please refer to Commissioner’s despatch No. 217 of September 1st. Upon receipt of draft letter and notice, I inquired of Chairman about proposal and was informed that it was proposal of Australian Government which he desired War Crimes Commission to consider at once. He insisted on matter being considered at October 31 meeting. At meeting on October 31, Chairman offered following alternative for last paragraph of draft letter:
“Therefore and in accordance with the above mentioned recommendations, they have asked me as their chairman to request that His Majesty’s Government in the United Kingdom should arrange as soon as possible for consideration to be given at an inter-governmental conference to the question of carrying out such of the Commission’s recommendations as may require implementation.”
At meeting I stated that due to shortness of time I was unable to take position upon the merits of the proposal and believed that it should be referred to special Far East and Pacific Committee for study. I proposed that consideration by Commission should be postponed until after Committee had studied it. This view was supported by Ambassador Wellington Koo. Lord Wright stated that Australia wanted action at once and he opposed both reference to Committee and postponement. He was supported by New Zealand representative. United Kingdom representative suggested postponement for 1 week. This was supported by Netherlands representative. French and Indian representatives said they were prepared to proceed at meeting but did not oppose postponement. It developed that China, United Kingdom, Netherlands and United States representatives had not received views of their Governments on recommendations contained in document C.145(1).60 Matter was finally postponed until meeting of Commission set for November 7th and representatives were requested to secure views of their governments on (1) recommendations contained in document C.145(1) and (2) draft letter quoted above. Instructions are requested upon both matters. [Hodgson.]