Foreign Relations of the United States: Diplomatic Papers, 1945, The British Commonwealth, The Far East, Volume VI

740.00116 PW/11–1345

The Acting Political Adviser in Japan (Atcheson) to the Secretary of State

No. 52

Tokyo, November 13, 1945.
[Received November 21.]

Sir: I have the honor to refer to this office’s despatch no. 37, November 6, 1945, enclosing a copy of a memorandum addressed to General MacArthur recommending the completion of the arrests of the major Japanese war criminal suspects, and to our telegram no. 121, November 13, 1945,⁸⁰ listing the names of thirteen suspects for immediate arrest as guilty of crimes against peace.

There are now enclosed copies of the following:

Memorandum from the Chief of Staff, November 7, 1945, in reply to our Memorandum to the Supreme Commander of November 6, 1945;

Memorandum to the Supreme Commander, November 12, 1945, listing the thirteen names mentioned above, with brief biographical data.

The thirteen names in question were taken from the War Crimes Office lists prepared with the Department’s assistance.⁸¹ We are proceeding, on the basis of those lists, to draw up further lists for submission to General MacArthur. We understand that, as a result of our memorandum of November 6, he has instructed the Counter Intelligence Section of General Headquarters to prepare lists of suspects who should be arrested at this time, and we accordingly may expect that some action will be taken in the matter.

Respectfully yours,

George Atcheson, Jr.

[Enclosure 1]

Memorandum by Major General R. J. Marshall, Acting Chief of Staff to the Supreme Commander for the Allied Powers, Japan, to the Acting Political Adviser in Japan (Atcheson)

[Tokyo,] 7 November, 1945.

1. The Supreme Commander has considered your memorandum of November 6, on the subject of the arrest of war criminals. He has directed me to reply. The main difficulty is to determine just who are the war criminals in that directives to the Supreme Commander have been couched in such broad and general terms that he is unable to determine those individuals that the American Government or the Allied Governments wish to prosecute. In Germany the problem, so far as the military was concerned, was comparatively simple. Everyone accused of Naziism or that could be identified as a member of the Nazi Party was to be arrested and confined. Here, however, no such line of demarcation has been fixed. On the contrary, the Potsdam Declaration outlined that the Japanese Armed Forces, except those individuals definitely charged with some offense, were to be returned to their homes.

2. The Supreme Commander has asked the Government to define just what is desired, but to date has been unable to find out what is wanted. Secretary McCloy, in discussing the matter, also stated that they desire more arrests. An indefensible position under future review might well result if we seized and incarcerated men under the indefinite term of “war criminals” to find that we had no case against them, resulting in their ultimate release without trial. Such action might set up a dangerous precedent for the future as it would be in violation of present national and international codes. The Supreme Commander has no hesitancy whatever and is anxious to arrest and confine everyone against whom we can lodge a valid complaint, but as yet he has no basis except general directives which are inadequate to guide in wholesale arrests. The CIC⁸² is working day and night, but as you know it is a very small staff with a very definite limitation upon its potentialities due to the early discharge of most of its personnel.

3. The Supreme Commander would be glad to have you list those individuals who, in your view, should be arrested at this time with basis of evidence which would support a trial.

R. J. Marshall

[Enclosure 2]

Memorandum by the Acting Political Adviser in Japan (Atcheson)

Tokyo, November 12, 1945.

Memorandum for: Supreme Commander and Chief of Staff.

Reference your memorandum of November 7, 1945, suggesting that we list major Japanese war criminals suspects who, in our opinion, should be arrested at this time.

Enclosed is a list containing thirteen names of such major war criminal suspects, together with biographic data concerning each, which we consider sufficient evidence to support their arrest for trial under Section II, Article 6 (a), of the Four Power Agreement on War Crimes Trials:

“(a) Crimes against peace: Namely, planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing.”

Some of the persons listed are, of course, also guilty of war crimes (violations of the laws or customs of war) as defined in Section II (b) of the Agreement in question. These persons are believed, with others, to have been responsible through the policies which they advocated and the influence which they exerted for the initiation and carrying on of the attacks launched by Japan on Manchuria in 1931,⁸³ and on China proper in 1937,⁸⁴ and on the United States, Great Britain and others of our Allies in 1941.⁸⁵

The list specifies only thirteen of the more than fifty major suspects listed by the State, War and Navy Departments. Subsequent lists of persons believed to share responsibility with those named and of persons considered responsible for specific violations of laws or customs of war will be submitted to you in due course.

George Atcheson, Jr.

[Subenclosure]

List of Major Japanese War Criminals

Araki, Sadao, Baron and General (retired). Education Minister 1938–39, completely reforming educational system along ultranationalistic lines. Super militarist. Powerful in military circles. Reported an important influence behind Tojo. An ardent nationalist. Born 1877. Address: 63 Hatagaya Hon-Machi, 1–Chome, Shibuya-Ku, Tokyo.

Honjo, Shigeru, Baron and General. Commanding Officer, Kwantung Army 1931–35. Believed to have conceived and executed Mukden Incident without reference to Tokyo. Privy Councillor. Adviser, New Asia Movement of Imperial Rule Assistance Association, 1944. Has been termed “ring-leader of the Japanese war lords.” Born 1876. Address: 8 Henchara, Nakano-Ku, Tokyo.

Itagaki, Seishiro, General. Commander-in-Chief Korea 1941–45. War Minister 1938. A leader of the so-called “Young Officers group. Took major part in the Manchurian Incident of 1931. Close friend of Tojo. Commanding Officer Singapore 1945. Reported a Black Dragon.⁸⁶ Born 1885.

Kanokogi, Kazunobu, Black Dragon. Councillor of Imperial Rule Assistance Association. Chairman, Board of Directors of Press Patriotic Association, 1942. Long involved in secret society and nationalistic activities. Reported close associate of Mitsuru Toyama. Born 1884. Address: 617, Jomyo Ji, Kamakura.

Koiso, Kuniaki, General. Premier of Japan 1944. An ardent imperialist, one of most enthusiastic proponents of Japanese expansion, both on continent and in South Seas. Former Chief of Staff of Kwantung Army 1932–35, and a leader in Manchurian occupation. Governor General of Korea 1942, where known as “The Tiger.” Born March 1880. Address: 271–Chome, Morimoto-Cho, Azabu-Ku, Tokyo.

Kuhara, Funanosuke. Prominent politician, industrialist. Close friend and supporter of Baron Tanaka,⁸⁷ General Araki. Advocate of strong policy toward China. Involved in Incident of; February 26, 1936.⁸⁸ Ardent nationalist, closely associated with military circles and aims.

Kuzuu, Yoshihisa. Head of Black Dragons since 1937. Director, Imperial Rule Assistance Association 1944. Reported right hand man of Mitsuru Toyama.

Matsuoka, Yosuke. Foreign Minister and a leading expansionist in 1941. The Tripartite Axis Pact was signed shortly after he became Foreign Minister in 1940.⁸⁹ Anti-American. Popular with Army and patriotic societies. Born 1880. Address: 381, Sendagaya, 2–Chome, Shibuya-Ku, Tokyo.

Matsui, Iwane, General (retired). Leading Army extremist. In command during rape of Nanking, bombing of Panay, and attempted bombing of British gunboat and shelling of HMS Ladybird.⁹⁰ Long active exponent of “Asia for the Asiatics,” “Japan’s Divine Mission.” Director General, Great East Asia Headquarters of Imperial Rule Assistance Association 1944. President, Great Japan New Asia Society 1945. Born 1878.

Mazaki, Jinzaburo, General. Army extremist, close associate of Koiso, Araki. Leader of “Young Officers”, reported to have inspired Young Officers Revolt,⁹¹ their candidate for Premier. Inspector General, Military Education 1934–38. Member, Supreme War Council 1936. Military Adviser to Japanese Expeditionary Forces in China 1944. Born 1876.

Minami, Jiro, General. Privy Councillor. Oppressive rule as Governor General of Korea 193–42. President, Political Association of Greater Japan, March 1945. War Minister during the Manchurian Incident in 1931. Prominent member Army clique. Born August 1874.

Shiratori, Toshio. Foreign Office Adviser, Koiso Cabinet, also in 1940 and 1941. An ardent nationalist. Has been described as “the most rabid of all the militarists.” Declared to press in March 1941 that Japan’s true aim was to drive the white race out of Asia.

Yamada, Otozo, General. Ardent expansionist. Close associate Doihara,⁹² Sugiyama,⁹³ Tojo. Commanding General, Kwantung Army 1944–45. Inspector General, Military Education and Supreme War Councillor 1939–44. Commanding General, General Defense Headquarters 1941. Reported favorable Young Officers clique. Top policy maker.

80. Telegram 121 not printed.
81. A list dated September 14 and sent to SCAP, Tokyo, included the names of 45 persons as major Japanese war criminal suspects; two supplemental lists, dated September 21 and 28, named 16 persons.
82. Counter Intelligence Corps.
83. See Foreign Relations, 1931, vol. iii, pp. 1 ff., and Foreign Relations, Japan, 1931—1941, vol. i, pp. 1 ff.
84. See Foreign Relations, 1937, vol. iii, pp. 1 ff., and ibid., Japan, 1931–1941, vol. i, pp. 313 ff.
85. See Foreign Relations, 1941, vol. iv, pp. 728 ff., and ibid., vol. v, pp. 374 ff.; also ibid., Japan, 1931–1941, vol. ii, pp. 786 ff.
86. The Black Dragon Society (Kokuryukai) was founded by Mitsuru Toyama who died in October 1944.
87. Gen. Baron Giichi Tanaka, Japanese Prime Minister, April 1927–July 1929.
88. For documentation on the assassinations in Japan, February 26, 1936, see Foreign Relations, 1936, vol. iv, pp. 719 ff.
89. For Three Power pact of assistance signed at Berlin, September 27, 1940, by Germany, Italy, and Japan, see League of Nations Treaty Series, vol. cciv, p. 387, or Documents on German Foreign Policy, 1918–1945, series D, vol. xi (Washington, Government Printing Office, 1960), p. 204. For negotiation of treaty, see Foreign Relations, 1940, vol. i, pp. 647 ff.
90. See ibid., 1937, vol. iii, pp. 781 ff., and ibid., vol. iv, pp. 485 ff.; also ibid., Japan, 1931–1941, vol. i, pp. 517 ff.
91. February 26, 1936.
92. Gen. Kenji Doihara, already arrested its suspected war criminal.
93. Field Marshal General Sugiyama, who committed suicide after the Japanese surrender.