740.00116 PW/12–2645
Memorandum by the State-War-Navy Coordinating
Committee
SWN 3661
Washington, 26 December,
1945.
Memorandum for the Secretary of
State:
Subject: Trial of War Criminals.
| References: |
a. SWNCC 211/1. |
|
b. SWNCC 211/2. |
|
c. SWNCC 211/3. |
By informal action on 22 December 1945, the State-War-Navy
Coordinating Committee approved SWNCC 211/1,28 as amended by
SWNCC 211/2.29
[Page 987]
In approving SWNCC 211/1 as amended, the Committee amended the
conclusions in paragraph 2 therein in order to make them
consistent with the directive as amended by the Joint Chiefs of
Staff.
A copy of the paper as amended (SWNCC 211/3)30 is forwarded for guidance and
appropriate implementation.
A copy of this paper has been forwarded to the Joint Chiefs of
Staff for transmittal of the directive at the Appendix to the
addresses listed therein.
Copies of this paper have been forwarded to the War and Navy
Departments for their guidance and appropriate
implementation.
For the State-War-Navy Coordinating Committee:
James Clement Dunn
Chairman
[Annex]
Memorandum by the State-War-Navy
Coordinating Subcommittee for the Far Fast
[SWNCC 211/3]
[Washington,
December 26, 1945.]
Trial of War Criminals
- 1.
- SWNCC 211/D31
directed the Subcommittee to recommend whether
directives should be issued by the Joint Chiefs of Staff
to the Commanding General, U.S. Forces, India-Burma
Theater, and to the Commanding General, U.S. Forces,
China Theater, authorizing the trial of war criminals by
courts convened by them respectively, and to prepare
drafts of such directives if deemed necessary.
- 2.
- It is concluded that:
-
a.
- Primary responsibility for the apprehension,
trial, and punishment of war criminals in India
rests with the Government of India.
-
b.
- Primary responsibility for the apprehension,
trial and punishment of war criminals within the
boundaries of the Southeast Asia Command rests
with the Supreme Allied Commander, Southeast Asia
Command, or upon such United Nations Governments
as assume responsibility in any area of Southeast
Asia Command.
-
c.
- Primary responsibility for the apprehension,
trial, and punishment of war criminals in China
rests with the Chinese Central Government.
-
d.
- The United States may, however, at its option
elect to prosecute in any case in these areas
where a war crime has been committed against an
American national.
-
e.
- The Commanding General, U.S. Forces,
India-Burma Theater, and the Commanding General,
U.S. Forces, China Theater, should provide
evidence, information and appropriate assistance
with respect to war criminals to the authorities
indicated above.
-
f.
- In the case of war criminals who have
committed crimes against U.S. personnel and who it
is considered should be tried by a U.S. or
international tribunal, full report should be made
to the Joint Chiefs of Staff.
-
g.
- War criminals returning to Japan from India,
the Southeast Asia Command and China are subject
to seizure and trial in Japan by the Supreme
Commander for the Allied Powers.
-
h.
- It is contemplated that certain war criminals
may be tried by international tribunals according
to the procedure indicated in SWNCC 57/3.32
- 3.
- It is also concluded that a directive substantially as
indicated at the Appendix be approved for issuance to
the appropriate Commanders.
- 4.
- It is recommended that:
-
a.
- This report be forwarded to the Joint Chiefs
of Staff for comment from a military point of
view; and
-
b.
- Upon approval by the State-War-Navy
Coordinating Committee of the conclusions in
paragraph 2 above and of the draft directive at
the Appendix, this paper be transmitted to the
Joint Chiefs of Staff for implementation and to
the State, War and Navy Departments for
guidance.
