740.00116 PW/2–946: Telegram
Mr. Max W. Bishop, of the Office of the Political Adviser in Japan, to the Secretary of State
[Received February 10—4:15 p.m.]
94. ReDeptel 114, February 2.20 Copies of Charter of International Tribunal forwarded by airmail by Headquarters to Judge Advocate General January 21 and by this office to Department by despatch number 221, January 22.21 Presumed these have been received already and copy forwarded Moscow, and because probable garbles in transmission not being radioed.
Regarding status of associate prosecutors, SCAP advises International Prosecution Section functions as staff section of SCAP Headquarters with Mr. Keenan as Chief of Section. Associate prosecutors do not act independently but in association with chief prosecutor.
Following from Mr. Keenan:
“Departures from Nuremberg type charter have been designed to conform to events and circumstances existing here differing from those in Europe. Please say to Russian Authorities for International Prosecution Section that Russian contribution to the court and prosecution will be warmly welcomed, that the nature of case as here developed would not be at all appropriate to individual nations prosecuting: separate cases through such individual nations prosecutors. Nevertheless full consideration will be given to views expressed by prosecutor nominated by each nation and we feel that there will be accord as to procedure and substance of the case as planned.
Please expedite departure of judge nominated and prosecutor nominated, especially the latter, that we may be permitted to discuss mutually concerned matters seasonably to avoid undue delay in these trials, which would severely militate against their effectiveness.”