740.00116 PW/1–846: Telegram

The Acting Secretary of State to the Chargé in the Soviet Union ( Kennan )

us urgent

36. Supreme Commander is constituting early in February an international military tribunal in Tokyo to try major Jap war criminals charged with crimes against the peace. Supreme Commander is appointing judges and associate prosecutors as nominated by signatories of Jap surrender instrument. Dept requested such national nominations in identic notes to missions in Washington on October 18, November 20 [21] and December 28.90 Final note requested nominations by January 5. China and New Zealand have made nominations and UK, Australia, France, Neth and Canada have indicated they expect to participate in the trial and will make their nominations within a few days.

Please reiterate to FonOff this Govt’s hope that Soviet Govt will participate in tribunal. You should further state that the Supreme Commander’s urgent recommendation that the trial of the major planners and directors of Jap war of aggression begin in early February has been approved.

You should emphasize this Govt not only desires an early opening of trial but expects to avoid protracted proceedings and that it is therefore most important that the Soviet associate prosecutor should join the prosecution agency as soon as possible.