740.00116 PW/2–1146: Telegram
General of the Army Douglas MacArthur to the Secretary of State22
[Received February 11—2:10 p.m.]
CA 57758. Reference Lozovski letter translated in State serial 14023 in the order of points raised:
Charter has been officially published by SCAP but amendment is not precluded. However, since it is anticipated that there will be nine members of the tribunal, seven countries each having already nominated one, it is still believed that the addition of an alternate for each member will unduly handicap and make unwieldy the administration of the tribunal and accentuate the housing problem which is critical in Tokyo. View of size of tribunal and policy of hastening trial it was decided that the occasional absence of one or two members at any one time during trial should not delay proceedings. Trial will take place in spring when there should [apparent garble] prosecutor has the right to present any evidence he believes necessary and is entitled to any addition to specific charges against any accused, subject to the majority vote of prosecutors.
Each prosecutor is being given right to preliminary interrogation of any witness or suspect, but all of above is subject to the determination and ruling by SCAP, who will necessarily have the obligation of passing upon individuals to be named defendants as well as those to be interrogated where matters of policy involving implementing the surrender or occupation may so require.
It is hoped Russian prosecutor will arrive as speedily as possible to assist in determining form of examination of witnesses. It is also agreeable that each prosecutor may make such introductory remarks and concluding speech as he may desire and may be replaced by an assistant. It is not anticipated that simultaneous translation system of Nuremberg will be employed here, since other countries have obligingly nominated English-speaking judges. However, there is no objection to having Russian prosecutor present questions or address court through English-speaking interpreter.
Article 14 concerning trial in Tokyo follows Nuremberg Charter Article 22. No other trial now contemplated before this tribunal: which is intended to include in one trial all major war criminals and especially those in category A. It is intended to present all important and pertinent evidence against each defendant. All prosecutors will be accorded the utmost consideration as to defendants to be tried and evidence to be introduced.