761.5622/11–1752: Telegram

No. 616
The Acting Secretary of State to the Embassy in Japan1

top secret
priority

1246. Embtel 1513,2 re Sov overflights. JCS 9238163 to CINCFE 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 obviously in distress. Unarmed transport aircraft shld be forced down if feasible but not be destroyed.

JCS 9238283 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 you are authd inform Jap Govt officially of US policy as set forth first para this tel.

Dept also interested soonest Br 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.5

Bruce
  1. Drafted in NA; repeated to Moscow.
  2. Document 613.
  3. Not printed.
  4. Not printed.
  5. Dated Oct. 25; see footnote 1, Document 613.
  6. Dated Nov. 14, not printed. (761.5622/11–1452) For an indication of its substance, see telegram 1603 from Tokyo, Document 618.