740.00116 PW/10–2948
The Acting Political Adviser in Japan (Sebald) to the Secretary of State
No. 697
[Received November 9.]
Sir: I have the honor to submit the following information in regard to the trials of former high ranking Japanese who have been held for [Page 881] approximately three years on suspicion of having committed war crimes in Class A category as defined by JCS Directive No. 40, April 24, 1946.
On October 19, 1948, the Supreme Commander for the Allied Powers preferred charges in Class B and Class C categories against two of these Japanese, Admiral Toyoda Soemu and Lt. Gen. Tamura Hiroshi. Enclosed1 are five copies of a press release issued by the Public Information Office of this Headquarters announcing these indictments.
On October 27, 1948, an order was issued by GHQ, SCAP, establishing Military Tribunals in Tokyo pursuant to the authority contained in the JCS Directive of April 24, 1946; five copies of this order, General Order No. 13, October 27, 1948, are enclosed. On the same date a further order was issued by this Headquarters constituting two Tribunals to sit in Tokyo; five copies of this order, Special Order No. 1, October 27, 1948, are enclosed. Also enclosed are five copies of a letter dated October 27, 1948, to Presidents of Military Tribunals prescribing the rules and regulations to govern trials before them. On October 27 a press release was issued by this Headquarters announcing the commencement of the trials of Toyoda and Tamura and describing the composition of the tribunals trying them; five copies of this press release are enclosed.
The indictments of Toyoda and Tamura are the first that have been returned against any of twenty-one former high ranking Japanese who have been detained as Class A war criminal suspects. The remaining nineteen are listed in enclosure no. 5. Officials of the Legal Section of this Headquarters state that indictments will be returned in the near future against a group—from eight to ten in number—of these remaining nineteen suspects; trial of this group for commission of Class B and Class C offenses will probably commence early in January 1949. Those suspects who are not indicted will probably be released for lack of evidence to support any charges.
Although there has been some doubt in Headquarters as to the extent of applicability to these trials of JCS Directive No. 40, which embodies a policy decision of the Far Eastern Commission (FEC–007/3, /4, April 3, 19462), invitations have been sent to each of the Far Eastern Commission countries to nominate judges to sit on the tribunals trying Toyoda, Tamura, and the remaining group of suspects. It is the opinion of this Mission that the trials contemplated by General Order No. 1, October 27, 1948 (enclosure 2), are within the scope of JCS Directive No. 40 and that therefore the international character of these courts must be recognized as prescribed by the directive under reference. Accordingly this Mission has, in its capacity as the Diplomatic Section of this Headquarters, pointed out to other sections oncerned [Page 882] that these tribunals cannot be considered as United States military commissions but are international courts within the meaning of JCS Directive No. 40, even though they may be called “GHQ; Military Tribunals”.
Officials of the Legal Section have also stated informally that, except for the trial early next year of eight to ten war criminal suspects before a GHQ military tribunal, the last indictments by Occupation authorities in Japan against war criminal suspects were returned on October 31, 1948 and that no further indictments will be returned by these authorities against war criminal suspects. Enclosed are five copies of a press release issued by this Headquarters on October 28, 1948, announcing the final indictments by Eighth Army military commissions of Japanese war criminal suspects. This release states that remaining war criminal suspects will be tried by GHQ military tribunals in Tokyo; as indicated above it is therefore probable that only one more trial of Japanese war criminal suspects will be held in Japan. Also enclosed are five copies of a press release issued by this Headquarters on October 18, 1948 announcing completion of the prosecution in Manila and in Japan by the Legal Section, GHQ, SCAP, of 1,000 Japanese war criminal suspects, with results ranging from 84 acquittals to 192 death sentences.
Respectfully yours,