Foreign Relations of the United States, 1952–1954, Eastern Europe; Soviet Union; Eastern Mediterranean, Volume VIII

761.5622/11¶1152: Telegram

No. 536
The Acting Secretary of State to the Embassy in Japan¹

top secret
priority

Washington, November 17, 1952—7:16 p.m.

1246. Embtel 1513² re Sov overflights. JCS 923816 to CINCFE³ authorizes action to intercept, engage, and destroy combat or reconnaissance aircraft in Korea over Jap home islands and Okinawa or territorial waters three miles to seaward thereof which commit hostile acts, are manifestly hostile in intent, or which bear mil insignia of USSR or satellites and which do not immed obey signals to land unless properly cleared or obvious in distress. Unarmed transport aircraft shld be forced down if feasible but not be destroyed.

JCS 923828⁴ requests comments re desirability, possible contents and timing public announcement this matter. It also calls attn to State question re accuracy statement in CINCFE’s CX 57735⁴ to effect US has contracted by treaty to protect Jap terr.

Our comments latter pt fol. Although it publicly stated US pol to protect Jap from hostile attack US in Security Treaty has not “contracted by treaty to protect” Jap terr and it undesirable estab precedent on presumption Treaty contains such automatic commitment. However interception and destruction Sov aircraft can be publicly justified on basis maintenance security US forces stationed in Jap under Security Treaty “to contribute to maintenance of intl peace and security in FE and to security Jap against armed attack from without”.

After concurrence CINCFE you are authd inform Jap Govt officially of US policy as set forth first para this tel.⁵

Dept also interested soonest ur and Jap Govt comments re public announcement and prior warning USSR either officially or by public announcement. In this connection see Moscow’s 790 rptd Tokyo.⁶

Bruce

1. Drafted by Robert J. G. McClurkin, Deputy Director of the Office of Northeast Asian Affairs, cleared by Joseph B. Phillips and Barbour and Davis of EE, and signed by U. Alexis Johnson for Bruce. Repeated for information to Moscow as 496.
2. Document 536.
3. Not found in Department of State files.
4. Not found in Department of State files; see Document 533.
4. Not found in Department of State files; see Document 533.
5. In telegram 1979 from Tokyo, Dec. 21, Ambassador Murphy explained that he and General Clark had agreed to postpone approaching the Japanese Government on this matter pending the arrival in Japan of F–86 fighter aircraft and the resolution of the complicated Japanese political situation. (761.5622/12–2152)
6. Supra. In telegram 1603, Nov. 19, Ambassador Murphy “heartily” concurred in the action authorized by the Joint Chiefs of Staff. Murphy did not believe it would be necessary or wise to notify the Soviet Government of the intended U.S. action or to make any public announcement concerning the new policy. (761.5622/11–1952) Telegram 1302 to Tokyo, Nov. 21, drafted and signed by Johnson, agreed that prior announcement of policy or notification to Soviet authorities of intended action was not desirable but that some advantage would derive from a Japanese Government protest to the Soviet Government regarding overflights which had already taken place. (761.5622/11–1952)