Foreign Relations of the United States, 1946, The Far East, Volume VIII

740.00119 Control (Japan)/2–2446: Telegram

Mr. Max W. Bishop, of the Office of the Political Adviser in Japan, to the Secretary of State

secret

Tokyo, February 24, 1946.
[Received March 1—10:40 a.m.]

118. Cite C–58287. This is No. 118 to Department and No. 14 to Moscow. Following from Kennan [Keenan] for AmEmbassy Moscow:

“ReDeptel 163, February 21.⁵¹ Answering points raised:

1. Chief of Counsel is appointed by and represents SCAP with duties as described in Article 8, sub-paragraph A of the Charter. State Department telegrams 77 of 15 January and 110 of 19 January were apparently misleading, as appointment of Chief of Counsel necessarily prerogative of SCAP acting in behalf of the Allied powers. It is left to your discretion whether this point need be further clarified with the Soviets.

2. Your paragraph 2 stating ‘In selection of each person to be indicted general plan is that a majority of the prosecutors will determine in first instance, subject to final approval of SCAP, who should etc.’ is correct.

3. Category A is found in sub-paragraph A. of Article 5, Section 11 of Charter, which is quoted in event you have not received copy of Charter: ‘A. Crimes against peace: namely, the planning, preparation, initiation or waging of a declared or undeclared war of aggression, or a war in violation of international law, treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing.’

4. There is critical housing situation in Tokyo but it is not believed that there is any need for substantial addition to numbers of lawyers now engaged in this prosecution although the Russian prosecutor may name any reasonable number of assistants whose cooperation will be welcomed. United Kingdom has named 1 associate prosecutor and 3 assistants; Canada 1; Australia 1; New Zealand 1; China 1 and 1 assistant; France 1; and Netherlands 1. It is suggested that Russian prosecutor be asked to proceed forthwith and it is felt certain that when he arrives and surveys existing situation, there will be no difference of opinion on this subject. All nations want this trial to proceed as soon as practicable in conformity with proper preparation. While it is desired to keep to a minimum the staff of the Soviet Associate Counsel, references to critical housing situation in Tokyo are left to your discretion. It might be helpful to point out to the Soviets the small staffs selected by other United Nations. Hope Russian prosecutor and his assistants will not be long delayed.”

Bishop

51. Not printed; it repeated questions raised in telegram 494, February 20, 2 p.m., from Moscow (not printed), to be answered by Mr. Keenan (740.00116 P.W./2–2046).