740.00116 P.W./1–746: Telegram

The Acting Secretary of State to the Ambassador in the United Kingdom (Winant)

us urgent

678. For Hodgson. Urtels 177, Jan 7, and 303, Jan 10. Australian Legation note received Jan 21 forwards “First List of Major Japanese War Criminals”5 and “proposes that question of final determination of list of accused for trial be handled by Far Eastern Commission”.

Australian Govt, has nominated Chief Justice Sir William Webb as Judge and Mr. Justice Mansfield as Associate Prosecutor for International Military Tribunal in Tokyo.

Dept. does not consider War Crimes Commission should proceed at this time with listing or charging with crimes against the peace or humanity as proposed in Australian list in view of Australian proposal this matter be dealt with in Far Eastern Commission. Moreover, it is understood Prosecution Agency established at MacArthur’s headquarters, to which all nine signatories of the surrender instrument and Philippines and India are nominating Associate Prosecutors, has been given responsibility of determining list of major war criminals charged with crimes against the peace. This list of defendants will be first group brought before International Military Tribunal shortly to be established in Tokyo. Copy of Charter of this tribunal which [Page 393] has been issued in Tokyo6 will be forwarded as soon as received in Washington.

  1. Neither printed.
  2. For text of SCAP’s proclamation of January 19 on the International Military Tribunal for the Far East and its charter, see Department of State Bulletin, March 10, 1946, p. 361.