740.00116 PW/12–2845
The Department of State to the Australian Legation 33
Memorandum
The Acting Secretary of State refers to the Department’s note of October 18, 194534 regarding the trial and punishment of Japanese war criminals.
Inasmuch as this Government considers the constitution of an international military tribunal for the trial of individuals charged with crimes against peace a matter of immediate importance, the Department urgently requested the Supreme Commander’s views on the subject and now sets forth the following clarification of certain points raised by several of the interested governments.
It is proposed that the international military tribunal to be appointed by the Supreme Commander for the trial of major war criminals will consist of not more than nine nor less than three judges. The Supreme Commander will designate not more than one judge of [Page 989] any one country from among the nominees of the signatories of the surrender instrument. The Supreme Commander has urged that there shall be no alternates in view of the problems of accommodation, transportation and the difficulties of local arrangements. The President of the Court will be designated by the Supreme Commander. It is suggested that the rank of the nominee approximate that of a Major General in the United States Army or higher.
The jurisdiction of the Court will be the trial of individuals charged with “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”. Those individuals so indicted who are not now under the control of the Supreme Commander will be requested from the Allied Commander concerned. It is proposed that the Court and its rules of procedure will be established by the Supreme Commander. The rules including those relating to the admissibility of evidence will follow the Nuremberg pattern so far as it is appropriate in the Far Eastern Theater.
It is suggested that the prosecution staff will consist of Mr. Joseph B. Keenan, who has already been designated Chief of an International Prosecution Section at the Supreme Commander’s Headquarters, and his present staff, with the addition of associate prosecutors and assistants to be designated by the Supreme Commander from nominations submitted by the participating powers, the Philippines, and India.
The Supreme Commander has indicated that the earliest date for the return of the indictment has now been estimated for February 1, 1946. Accordingly, the Government of the United States urgently requests the Australian Government to nominate a judge and an associate prosecutor by January 5, 1946 because of the urgent necessity of proceeding with the trials at the earliest possible moment.
- Similar communications were sent on December 28 to the Missions of Canada, France, the Netherlands, New Zealand, and the United Kingdom (740.00116–PW/12–2845) and on December 29 to the Soviet Embassy (740.00116 PW/12–2345); sent also on December 28 to the Chinese Embassy except that the request was not made for Chinese nominations, the latter having already been received.↩
- See footnote 54, p. 947.↩