Foreign Relations of the United States, 1949, The Far East and Australasia, Volume VII, Part 2

740.00116 PW/2–2449

Memorandum by the Assistant Secretary of State for Occupied Areas (Saltzman) to the State–Army–Navy–Air Force Coordinating Committee

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[Washington,] March 3, 1949.

For the Secretary, SANACC

Subject: Draft Directive regarding Trial of Japanese War Criminals

There is enclosed a draft directive prepared on the basis of a policy decision approved at the 142nd meeting of the Far Eastern Commission on February 24, 1949, under the provisions of Paragraph II, A, 1 of its Terms of Reference.

It is requested that the enclosed draft directive be forwarded to the Joint Chiefs of Staff for transmission to General MacArthur for his guidance in accordance with Paragraph III, 1, of the Terms of Reference of the Far Eastern Commission.¹ It is assumed that if the Joint Chiefs of Staff have any question regarding the draft directive they will refer the matter to the Department of State for clarification before transmitting a directive on the subject.

The Secretary General of the Far Eastern Commission has informed the Secretary of State that the Commission, in adopting the policy decision regarding Trial of Japanese War Criminals, agreed that it should be released to the press after the appropriate directive had been received by the Supreme Commander.² Therefore, in accordance with normal procedure, acknowledgement of the receipt of the directive by SCAP is requested.

C. V. Hulick

for Charles E. Saltzman

[Annex]

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[Washington, February 28, 1949.]

Draft Directive Regarding Trial of Japanese War Criminals

The following directive prepared by the State Department to implement the policy adopted by the FEC on February 24, 1949, under the provisions of Paragraph II, A, 1, of its Terms of Reference has been received from the State, Army, Navy, Air Force Departments for transmission to you for your guidance in accordance with Paragraph III, 1 of its Terms of Reference:

The Far Eastern Commission decides as a matter of policy that:

No further trials of Japanese war criminals should be initiated in respect of offenses classified under paragraph 1a of the policy decision of the Far Eastern Commission entitled “Apprehension, Trial and Punishment of War Criminals in the Far East” (FEC–007/3), passed by the Commission on 3 April 1946.

1. Directive, serial no. 99, was sent to SCAP and reported on March 16 by SANACC to the Department (740.00116 PW/3–2449).
2. For press release of April 1, see Department of State Bulletin, May 1, 1949, p. 570.