Office of the Historian

740.00116 PW/2–1446: Telegram

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

secret
us urgent
Washington, February 18, 1946—1 p.m.

1598. For Hodgson. Urtel 1859, Feb. 14. If despite Ambassador’s discussions with Prime Minister and FonOff question of preparing list of major Japanese war criminals should be reopened, you are instructed to continue take position Commission does not have sufficient evidence to take proposed action and International Prosecution Section of SCAP should finally determine list of major war criminals to be brought to trial in accordance with policies, principles, and standards formulated by Far Eastern Commission.

Should Commission nevertheless vote to proceed to prepare and adopt list of major Japanese war criminals, using Australian list as basis, or furnish advice as to list on basis evidence available London, you are instructed to state USGov considers position of Emperor as war criminal should not be discussed by Commission. This question has far-reaching political implications involving also military security and should only be discussed at highest governmental level.

Reference penultimate paragraph Dept understands National War Crimes Office already transmitted Australian list to International Prosecution Section, Headquarters Supreme Commander Allied Powers, Tokyo. Dept perceives no objection to reference of Australian list to International Prosecution Section SCAP as suggested first paragraph. Copies SCAP order establishing International Military Tribunal and Soviet-Anglo-American communiqué of Dec. 27 concerning Far Eastern Commission49 have been dispatched.

Byrnes
  1. For the communiqué of December 27, 1945, see Department of State Bulletin, December 30, 1945, p. 1027. Cf. telegram 131, December 28, 1945, to Canberra, Foreign Relations, 1945, vol. vi, p. 894.↩