740.00116 PW/11–945

Memorandum by the Acting Chairman of the State-War-Navy Coordinating Committee (Matthews) to the Secretary of State
SWN–3508

Subiect: Apprehension and Punishment of War Criminals (Japan).

References: a. SWNCC 57/6/D.75
b. SWNCC 57/7/D.76

By informal action on 8 November 1945, the State-War-Navy Coordinating Committee agreed that the attached message should be sent by the Joint Chiefs of Staff to the Commanding General, U.S. Army Forces in the Pacific.77

The Secretary, Joint Chiefs of Staff, has been requested to forward this message, after approval by the Joint Chiefs of Staff.

It is requested that the Department of State make further representations to speed action by the other governments interested (so that, if such action proves not to be possible within a reasonable time, trial before U.S. Military Commission may later be authorized).

For the State-War-Navy Coordinating Committee:

H. Freeman Matthews
[Annex]
Draft Message for General of the Army Douglas Mac Arthur

Further to Warx 81029 and CA 54138.78

Position of U.S. Government is that Tojo, his cabinet and other persons charged with crimes in category A in paragraph 1 of Appendix C of JCS 151279 should be tried by an international tribunal.

Other Allied signatories to Japanese surrender document have been requested to nominate panel of their nationals for appointment by you [Page 961] as members of such international tribunal. Transmission to Allied governments of U.S. policy contained in JCS 1512 commits the U.S. to afford such governments a reasonable opportunity to participate in trials by international tribunal. State Department is making further representations to expedite action by other signatories. If the latter delay unduly or do not desire to participate, it is probable that the U.S. will proceed on unilateral basis along lines suggested by you.

Subject to the above, you are already fully authorized to proceed immediately with trial of war criminals for offenses in categories B and C of paragraph 1 of Appendix C of JCS 1512. Such trials should be held as soon as possible.

  1. October 31, not printed.
  2. November 2, not printed.
  3. Gen. Douglals MacArthur.
  4. Latter presumably is quoted in SWNCC 57/7/D, not printed.
  5. See SWNCC 57/3, September 12, p. 926.