Office of the Historian

740.00116 EW/2–646: Telegram

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

secret
priority
Washington, February 9, 1946—noon.

140. For Keenan. Following telegram received from Moscow, Feb. 6:

[Here follows text of telegram 356, printed supra.]

Reference point 1. Although Dept without exact information past experience suggests Soviet group will be sizeable. You may therefore wish to propose that a member of Soviet staff be designated as alternate judge. If this arrangement is acceptable it should be discussed with other prosecutors.

Reference point 2. Paragraph a, first sentence, is not in accordance with Article 14, Nuremberg charter, which provides for majority vote in five matters, one of which is approval of act of indictment. [Page 404] Reference to second sentence, paragraph a, French and English texts of Nuremberg charter make final provisions of Article 14 dependent upon equal division of vote whereas Russian text does not include word equal, but “division” as used in Russian would normally be construed in context to mean an equal division.

Subject to clarification of above points Soviet observations appear to be reasonable. Your suggestions requested to provide basis for recommended discussion of matter with Soviet Embassy, Washington.

Urgent reply necessary.

Byrnes