694.001/3–950

Memorandum by the Special Assistant to the Secretary (Howard) to the Assistant Secretary of State for Far Eastern Affairs (Butterworth)

top secret

Subject: Japanese Peace and Security Settlement

You will recall that in our meeting with the Secretary1 just before your departure for the Far East, we proposed consideration of an [Page 1139] agreement to restore normal political and economic relations with Japan while continuing unchanged the occupation arrangement with respect to security matters until a satisfactory security arrangement could be brought about. A U.S.-Japanese base agreement was considered to have serious political drawbacks. You will also recall that Dean Rusk commented that, although it might be necessary to fall back on our proposal as a second line, it would arouse the suspicion of our Allies if it were proposed as the preferred course of action. Moreover, as the considerable opposition expressed at the meeting evidenced, the proposal does give rise to admitted difficulties which Dean Rusk thought might be as great as the difficulties of proceeding directly to achieve a satisfactory security arrangement.

Dean Rusk therefore held a follow-up meeting2 to explore the course of going ahead with a direct attempt to solve the security problem. He suggested that consideration be given to the type of security arrangement the United States would regard as the most desirable. The security arrangement proposed in the attached memoranda was developed and presented to the Secretary.3 The Secretary appeared to regard the proposed security arrangement favorably, and asked us to prepare a memorandum for the NSC. He subsequently mentioned the general idea to the President, who replied that he considered it hopeful.4

The shorter of the two attached memoranda5 is intended for submission to the NSC for their approval as the position of the United States Government. The longer memorandum is intended simply for the information of the NSC in the form of the position of the Department of State. The Secretary has not yet seen these memoranda, which have been held up waiting your approval.

Clearances include FE (except for yourself), NA, S/P, L and UNA. The comments of EUR have been received and analyzed. The comments of GER have not yet been received. The comments of NEA have been received in part. Memoranda concerning these comments [Page 1140] would have to be included, together with the usual S/S outline, before the attached memoranda are sent on to the Secretary.

[Attachment]

Position of the Department of State on United States Policy Toward a Japanese Peace and Security Settlement

This memorandum sets forth the position of the Department of State on United States policy toward a Japanese peace and security settlement.

It is recommended:

1.
That this Government should as a matter of urgency conduct diplomatic discussions with other friendly governments for the purpose of obtaining their concurrence in going forward with the conclusion of a Japanese peace treaty and a Pacific collective security arrangement along the lines set forth below. Such a peace treaty and security arrangement would constitute additional elements in an affirmative and cooperative United States policy toward Asia, other elements of which include United States encouragement of a voluntary regional association of Far Eastern non-Communist countries for economic and cultural purposes, development of a coordinated Point IV program, and United States economic and military assistance to individual countries such as Korea, the Philippines, Indonesia and Indochina.
2.
That this Government should proceed simultaneously to determine the precise nature of foreseeable United States military requirements with respect to Japan under such a security arrangement.6

general considerations

1. The Need for an Early Peace Settlement

[Here follows a discussion under this heading.]

2. The Problem of Security

The root of the problem of proceeding with the negotiation of a peace treaty is the problem of the security of the United States and its friendly Allies in the post-treaty period. The essential objectives of the United States from both the political and the military standpoints are the denial of Japan to the USSR and the maintenance of Japan’s orientation towards the Western powers (NSC 49 and 49/1).7

The security problem relating to Japan has two aspects. The first aspect flows from Japan’s aggression which led to the war and from the fear of the victims of Japanese aggression concerning its possible resurgence in the future. The second aspect flows from the postwar [Page 1141] threat of aggression from Soviet-Communist expansion in Asia. The first aspect of the problem would normally be taken care of in a treaty of peace. The second aspect would not normally be part of a peace treaty. However, the two aspects overlap and it may be possible that a satisfactory security arrangement for one would materially assist in taking care of the other.

The problem of security against Soviet-Communist expansion also has two aspects. One aspect is defense against overt attack and invasion. The other aspect is protection against Soviet-Communist agitation, subversion and coup d’état. The two aspects are, however, closely related. On the one hand, a sound defense against armed attack contributes to the feeling of security among the Japanese necessary to political, economic and social stability and progress. On the other hand, rights to maintain armed forces and military bases on Japan would not contribute to Western military strength unless they rested on Japanese support founded on healthy political, economic and social conditions.

The underlying problem of a peace and security settlement with Japan is therefore to determine a course of action which will preserve or strengthen the security of the United States and its friendly Allies in the Far East through the creation of new and more stable political relationships with respect to Japan which will best assure the continued pro-Western orientation of the Japanese. It is impossible for any treaty or settlement or any course of action or inaction to assure unqualifiedly such an orientation of the Japanese. Our objective should be to determine the way which secures the greatest gains with the least risks.

Our appraisal of Soviet intentions is that the USSR would probably now favor the early conclusion of a multilateral peace treaty if it could thereby secure the evacuation of United States troops from Japan, the legalization of Soviet territorial gains, a post-treaty voice in Japan and possibly some economic gains and opportunities for propaganda in Japan, with the ultimate objective of seizing power in Japan through the Japanese Communist Party. But Soviet actions, particularly the recent demand for the trial of the Emperor as a war criminal, the Sino-Soviet treaty of alliance directed against Japan and its Allies, and the purge of the Japanese Communist Party, indicate that the USSR may have given up hope of obtaining such a settlement in the near future and has determined to participate in a Japanese settlement only on its own terms. These actions suggest that the USSR has determined to concentrate its attention on China and Southeast Asia rather than on Japan and is preparing to cope with a situation formalized along the lines of an anti-Communist bloc including a pro-Western Japan and based on United States military power. For these purposes the USSR and Communist China [Page 1142] have substantial capabilities which cannot be ignored and which would be tremendously increased should there be further substantial Communist successes on the Asian continent.

Under these circumstances action by the United States and its friendly Allies in proceeding with a peace and security settlement which is acceptable to them and therefore probably not acceptable to the USSR and Communist China would not materially alter Soviet actions with respect to Japan or the Soviet timetable in Southeast Asia. Indeed failure to take such action exposes the United States and its friendly Allies to the blame within Japan for the Soviet-Communist pressures directed against Japan, without the Japanese at the same time enjoying the benefits and protection of such a settlement.

This is not to say that the United States should not seek a peace treaty with Japan which is fair and reasonable even in relation to the USSR. But the United States is under no legal obligation to the USSR either to sign a peace treaty on Soviet terms or not to sign at all. Such legal pretext as the Soviets might create out of the signature of a peace treaty without their participation would not be necessary to or change those actions which they considered justified in terms of political and power relationships. Should such a pretext be absent because the United States refrained from proceeding except on Soviet terms another pretext would be created by the USSR to serve a similar purpose.

At the same time, if it becomes necessary to conclude a peace and security settlement without the USSR and Communist China, the United States should proceed with as many as possible of its friendly allies in order to spread the burden of responsibility and to minimize the adverse effects of Soviet-Communist pressures upon the Japanese. Thus, in the conclusions of the NSC on the position of the United States with respect to Asia (NSC 48/2), it is stated that the United States should appraise the desirability and means of developing collective security arrangements bearing in mind the reluctance of India to join in an anti-Communist security pact and the necessity of sharing of the burden by all participating states.

peace and security settlement

The above considerations suggests these guides to a peace and security settlement:

1.
That an early peace treaty with Japan is in the interests of the United States provided concurrent measures are taken to preserve the United States military position in the Pacific.
2.
That the problem of security against Soviet-Communist expansion, which would not normally be covered by a peace treaty with Japan, should be dealt with separately from the peace treaty in a security arrangement for the post-treaty period.
3.
That post-treaty arrangements should promote the development of a framework of friendly allies for Japan so as to promote Japan’s pro-Western orientation and its reestablishment as a stable and peaceful member of the family of nations.
4.
That the United States and its friendly allies should, if there is a sufficient measure of agreement among them upon an acceptable settlement, proceed without the USSR and Communist China should this be necessary.

1. The Peace Treaty

A peace treaty should be concluded which is designed to restore Japan to a genuinely sovereign status with a minimum of restrictions and special disabilities. It should be of such a character as to appeal to Japanese interest and thus draw Japan into friendly relations with the non-Communist nations. The treaty should be brief as possible, but should deal clearly and specifically with all matters involved in the re-establishment of normal relations between the Allies and Japan. Pending the coming into force of the peace treaty the Japanese should be prepared for the task of maintaining internal security in Japan.

[Here follows detailed description of peace treaty desiderata.]

2. The Collective Security Arrangement

A collective security arrangement should be concluded consistent with the UN Charter for the purpose of maintaining peace and stability in the Pacific area and of promoting cooperative measures among the members for their collective self-defense. The membership would include, initially, the United States, Canada, the Philippines, Australia, New Zealand and Japan.

The major provisions of the arrangement would be along the following lines:

An undertaking by the parties to settle disputes by peaceful means and to refrain from the threat or use of force as provided in the UN Charter.

An undertaking by the parties to contribute to the further development of peaceful and friendly relations by the strengthening of free institutions, bringing about a better understanding, and promoting conditions of stability and well being; and to eliminate conflict in economic policies and encourage economic collaboration.

An undertaking by the parties to consult whenever their territorial integrity, political independence, or security is threatened.

Agreement that an armed attack against any member should be considered an armed attack against all the members, and that each would take such action as it deemed necessary, individually or in concert with other members, to assist the member attacked. All measures taken would immediately be reported to the Security Council and would be terminated when the Security Council had taken measures necessary to restore and maintain peace and security.

An undertaking by the parties, by means of continuous self-help and mutual aid, to cooperate in the maintenance and development of measures for their defense against armed attack. In particular the parties [Page 1144] would undertake to conclude special agreements in accordance with which they would make available according to their respective capacities armed forces, assistance, and facilities, including rights of passage, necessary for carrying out the purpose of the security arrangement. (Note—Pursuant to this provision a special agreement fixing such rights to bases on Japan as are necessary could be concluded.)

The establishment of a council, on which each member would be represented, to consider matters concerning the implementation of the arrangement.

Provision for the admission, by unanimous agreement, of other Pacific powers as members.

Provision for review of the arrangement at the end of every five years or at any time requested by a majority of the parties.

Provision of the right to cease to be a member after twenty years upon the giving of notice of denunciation of the arrangement.

Advantages—The advantages of such a Pacific collective security arrangement concluded apart from the peace treaty are briefly as follows (fuller comments are given below):

The United States would gain allies in the Pacific area while its own commitments would not be materially different from existing United States responsibilities in the Pacific.

The arrangement would facilitate the signature by other members of a non-punitive peace treaty with Japan and help to assure them against a resurgence of Japanese aggression.

It would strengthen Japan’s resistance to Soviet-Communist pressures and facilitate restoration of normal political and economic relations between Japan and other members.

India and other countries which are reluctant to join any anti-Communist association would be enabled to participate in an unobjectionable peace treaty with Japan and at the same time, since they are not proposed for membership in the security arrangement, would not be squarely confronted with the necessity of openly choosing sides in the East-West conflict on a military issue.

The proposed security-arrangement would reenforce measures for the strengthening of Indochina and other non-communist South East Asian countries and provide a backstop that would assist in their protection against Soviet-Communist expansion.

3. Procedure

The procedure to be followed for the conclusion of the peace treaty and its security arrangement should, so far as the peace conference is concerned, aim at a course in which the break to be expected with the USSR and Communist China would probably come on procedural issues rather than substantive issues and would come in a forum which makes it clearly a break with a large group of nations and not with the United States alone. Also the procedure should rest as fully as possible on the 1947 precedent of the peace conference proposal.

A procedure along the following lines is therefore recommended.

The first step is to arrive at a United States Government position. This step would include Congressional consultation.

[Page 1145]

The second step would be to negotiate as much as possible of the peace treaty and the security arrangement with friendly FEC countries through diplomatic channels. Such a step is necessary in any event to obtain adequate assurance of agreement with our friendly Allies on content and procedure before going forward. Japan’s views would also be discreetly explored at a late stage in this step.

Third, the United States would renew its invitation of 1947 for an FEC-power peace conference, designating time and place and proposing again a two-thirds voting procedure. The first task of the conference would be to determine its voting procedure. At an appropriate stage the non-FEC nations and then Japan would be invited to participate in some way. The conference would be as brief as possible with most of the time devoted to the views of non-FEC nations and Japan. After any modifications had been made the ceremony of signature would take place. As many countries as possible would be given an opportunity to participate in the signature of the peace treaty. (Modification of the above procedure may be required if the USSR proposes a peace conference before the United States is ready to issue invitations to such a conference.)

Fourth, immediately following conclusion of the peace treaty the nations to be included in the security arrangement would proceed with the final negotiation of the agreement for a security arrangement. Any special agreement fixing such bases on Japan and rights incident thereto as may be necessary could also be informally agreed upon, possibly subject only to adoption under the regional arrangement when that arrangement entered into force.

Fifth, the peace treaty and security arrangement would be submitted simultaneously to the Senate for ratification.

Finally, in order to avoid a gap in time between the entry into force of the peace treaty and the security arrangement, the ratifications necessary to bring both into force might be deposited on an agreed date. Japan’s act of ratification of the security arrangement could immediately follow its act of ratification of the peace treaty, both acts having been previously authorized by the Japanese Diet.

The above procedure assumes that a representative of the Chinese Communist Government would already have been admitted to the FEC. This would be the ground for justifying the inclusion of the Communist Government in the invitation to the peace conference even though it might not yet have been recognized by the United States and possibly certain other FEC powers.

The USSR and Communist China might refuse to attend the conference because of their disagreement with the proposed forum and voting procedure. Or they might consent to attend, possibly with an indication that an FEC-power conference would be acceptable provided the big power veto were maintained (this was the position of the Nationalist Chinese Government in 1947). In either event, the conference would proceed and would adopt a two-thirds voting procedure without a veto. If the USSR and Communist China had come to the conference, they would probably walk out of the conference at this stage. If not, their continued presence could do little damage [Page 1146] because of prior agreement among the friendly allies on substance and because of the brief nature of the conference.

Signature by a large number of countries would give a solid international backing to the peace treaty in spite of the refusal of the USSR and Communist China to participate.

Because it is unlikely that the pre-conference negotiations with other friendly countries could be carried out without leaks occurring, this Government should at an appropriate time after the initial negotiations issue a statement concerning its proposals.

4. Other Related Action

Other action related to the recommended peace treaty and security arrangement includes:

United States encouragement of a voluntary regional association of Far Eastern non-Communist countries for economic and cultural purposes.8

United State assistance to Indochina (NSC 64).9

United States programs of Point IV, MDAP and other assistance to countries of the Far East not proposed for membership in the security arrangement.8

comments

1. The military basis of the security arrangement is principally United States sea and air power in the Pacific and the Pacific island bastions, on which the parties to the arrangement depend for their security. The arrangement formalizes existing United States responsibilities in the Pacific. The arrangement would broaden the base of sharing in these responsibilities and would provide for making as effective as possible use of the available security means for the common defense, in a manner consistent with the UN Charter. The arrangement, being designed for the Pacific area, probably would not by its terms permit the use of bases in Japan in the event war should break out in Europe, although a separate understanding might be reached with the Japanese on this point.

The defense-against-Japan aspect of the security problem, as contrasted with the defense-of-Japan aspect dealt with in the preceding paragraph above, would be dealt with as follows. The control over reactivation of Japanese armed forces would be exercised through the peace treaty mechanism of review. The mechanism of the regional arrangement would strengthen the controls normally exercised through diplomatic channels over any activities in Japan which might have adverse consequences in the security field. The majority interests of the parties in both cases should be sufficiently identical [Page 1147] to permit the exercise of both types of controls in a consistent manner for a common purpose.

2. Because of the regional nature of the arrangement and its conformity with the purposes and principles of the UN Charter, Japan’s role would be substantially different from that under a bilateral base agreement with the United States, which would appear to be more in the nature of an outright military alliance. Nevertheless, in entering the arrangement Japan would have to choose not to remain militarily neutral. This choice would be considerably easier than it would be under a bilateral base arrangement. Japan would be one of several members of the arrangement, contributing to peace and stability in the Pacific. It would face the possibility of eventual rearmament of a limited nature geared into the collective defense of the Pacific area. Japanese interests would not under such an arrangement appear to be subordinated to the interests of the other Allies. The security arrangement’s regional framework of friendly Allies would lessen any sense of insecurity the Japanese might feel should they be cut off by the USSR and Communist China economically and politically.

Such a security arrangement offers the best assurance available of continued Japanese pro-western orientation, which in turn is a prerequisite to the effective realization of any rights to maintain forces and bases in Japan in the post-peace treaty period. Without continuing Japanese consent, the maintenance of Allied forces and bases in Japan would not only be ineffectual in promoting United States security but might have an adverse effect on our security. Thus, if sabotage and other local acts of violence against the Allied bases on Japan were not adequately prevented by domestic measures taken with the full cooperation of the Japanese people or if the Japanese people became openly hostile in their attitude, a situation would be created which would have dangerous consequences for relations between the United States and Japan, for the prestige of the United States among the peoples of the Far East and for stability generally in that area.

It is proposed therefore that, within the context of the twenty-year collective security arrangement, any special agreement with respect to bases on Japan should be for an initial five-year period with provision for automatic renewal for subsequent five year periods unless Japan or a majority of the members should withdraw their consent. It is further proposed that any such agreement, made in pursuance of the security arrangement, should be a multilateral agreement rather than a bilateral agreement between the United States and Japan, and that Australia should be persuaded to continue its forces in Japan to supplement United States forces, under the overall direction of an American commander.

[Page 1148]

3. The peace treaty should not, for political reasons, authorize the reactivation of Japanese armed forces. Nevertheless, the peace treaty should not foreclose the possibility of Japanese rearmament at some future time if this course should appear to be in our best interests or in the event Japan should become involved in armed conflict. Our objective under present conditions of the cold war is the prevention of the outbreak of war rather than measures of military defense against actual armed attack by the USSR. The premature diversion of United States aid and Japanese efforts and resources to the maintenance of a Japanese military establishment would upset the balance in the concentration of such aid, efforts and resources, on the one hand, upon the accomplishment of the foregoing objective and, on the other hand, upon the achievement of economic and social progress which in the long run will greatly influence the continued orientation of Japan towards the United States. Moreover, authorization of rearmament in the peace treaty without the expressed will of the Japanese through voluntary amendment of their constitution would appear to have been imposed upon the Japanese for the purpose of promoting the strategic military interests of the United States and would cast serious doubts among the Japanese and other peoples in the Far East as to the sincerity of United States purposes and the validity of the objectives of the occupation. Both consequences would weaken United States influence and the influence of democratic principles in Japan, both of which are necessary to offset Communist influence in Japan. Finally, a present proposal to rearm Japan would probably be viewed unfavorably by the Philippines, Australia, New Zealand and other Allied Powers that continue to fear a renascent nationalistic and aggressive Japan.

4. It is highly important that Far Eastern countries excluded from the security arrangement—particularly Indochina, Siam, Burma, Korea and Indonesia—not feel that they have been abandoned to Soviet Communism. As in the case of the exclusion of Greece and Turkey from the North Atlantic Pact, it is important that there be advance and tangible assurances of continuing United States interest in the countries excluded from the collective security arrangement. It is important that the countries of South East Asia, which are the immediate target of Soviet Communist pressures, should have their resistance to such pressures strengthened rather than weakened by the conclusion of the offshore security arrangement. These countries would have to be convinced that the security arrangement covering the Pacific area would be a backstop that would materially assist in the protection [Page 1149] of continental Asian areas and would in no sense be a retreat or abandonment of these areas to Soviet-Communist aggression.

In the case of Indonesia, it is believed that membership should be deferred at least so long as its internal order and strength are inadequate to enable it to make a substantial contribution to the security arrangement. Indonesia should, however, be informed of the proposed arrangement at an early stage.

It must be understood that the UK, France, and possibly the Netherlands may have objections to a collective security arrangement in the Pacific excluding them which would have to be taken into consideration. In the case of the UK, it should be pointed out that its interests and the interests of the Commonwealth are adequately represented through the membership of the three Commonwealth nations in the security arrangement; that the inclusion of the UK, France and the Netherlands in the arrangement would require in turn the inclusion of Hong Kong, the Malayan States, Indochina and Indonesia with a consequent unacceptable extension of the security commitment of the participating nations and with the consequent introduction of an unfortunate imperialistic aspect into the arrangement; and that British prestige in the Pacific should be adequately assured through the security system of the British Commonwealth of nations. In the case of France, it is believed that adequate assurance of aid to Indochina would be sufficient to justify exclusion of both Indochina and France. Similar considerations would appear to apply to Indonesia and the Netherlands.

Although the Philippines and Australia in particular would probably not relish association with Japan in the proposed regional arrangement, their vital interest in a closer security association with the United States and the importance of the defense of Japan against Soviet-Communist domination to their defense might well cause them willingly to join the arrangement after initial hesitation. Although Canada is not a “Pacific island” power its inclusion has the advantage that it is a western power like the United States yet is not a target of propaganda against imperialism.

  1. On January 18, 1950.
  2. On February 7. Exact attendance at this meeting is uncertain. A memorandum of February 1 from Mr. Howard to Mr. Rusk, not printed, included discussion of a “Pacific Pact” and formed the basis of discussion at this meeting. (794.5/2–150)
  3. On February 20; exact attendance uncertain. On February 10 Mr. Rusk had forwarded to the Secretary a revision, not printed, of the paper mentioned in the preceding footnote. (794.5/2–1050) The paper printed here is a further revision of the preferred alternative presented in it.
  4. In his memorandum of his conversation held with President Truman on February 20, Secretary Acheson stated with regard to a Japanese peace treaty: “In a general way I sketched out for the President some of the ideas presented to me at the meeting this morning, and asked whether the preparation of a NSC paper along these lines seemed sound to him. He said that he had been worrying about this matter and thought the ideas we had seemed hopeful. He approved going forward with the preparation of the paper.” (694.001/2–2050)
  5. Not printed. No record that it was considered in the full NSC has been found in State Department files.
  6. The substance of the preceding two numbered paragraphs forms the conclusion of the paper mentioned in the preceding footnote.
  7. An unsigned State Department paper of September 30, 1949 was circulated as NSC 49/1 on October 4. For text, see Foreign Relations, 1949, vol. vii, Part 2, p. 870.
  8. For pertinent documents, see pp. 1 ff.
  9. Of February 27, 1950, p. 744.
  10. For pertinent documents, see pp. 1 ff.