199. Telegram From the Department of State to the Embassy in Japan1
68. Substance per curiam Supreme Court decision2 Girard case favorable US Government follows:
“United States had decided not to exercise, but to waive, whatever jurisdiction it might have in the case. The Secretary of State and the Secretary of Defense decided that this determination should be carried out. The President confirmed their joint conclusion.
A sovereign nation has exclusive jurisdiction to punish offenses against its laws committed within its borders, unless it expressly or impliedly consents to surrender its jurisdiction. ‘schooner Exchange v. M’Faddon,’ 7 Chranch 16, 136. Japan’s cession to the United States of jurisdiction to try American military personnel for conduct constituting an offense against the laws of both countries was conditioned by the covenant of Article XVII, section 3, paragraph (c) of the Protocol that [Page 426] ’ …3 The authorities of the State having the primary right shall give sympathetic consideration to a request from the authorities of the other State for a waiver of its right in cases where the other State considers such waiver to be of particular importance.’
The issue for our decision is therefore narrowed to the question whether, upon the record before us, the Constitution or legislation subsequent to the Security Treaty prohibited the carrying out of this provision authorized by the Treaty for waiver of the qualified jurisdiction granted by Japan. We find no constitiutional or statutory barrier to the provision as applied here. In the absence of such encroachments, the wisdom of the arrangement is exclusively for the determination of the Executive and Legislative Branches.
The judgment of the District Court in No. 1103 is reversed, and its judgment in No. 1108 is affirmed.
Mr. Justice Douglas took no part in the consideration or decision of this case.”
Affirmance in No. 1108 related to District Court refusal grant habeas corpus.4
- Source: Department of State, Central Files, 711.551/7–1157. Unclassified; Niact. Drafted in NA and approved for transmission by Becker. The time of transmission is illegible on the source text.↩
- On July 11.↩
- Ellipsis in the source text.↩
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In telegram 121 from Tokyo, July 15, the Embassy reported on the reception of the Court’s decision in Japan:
“Supreme Court decision Girard case received with gratification and relief in Japanese official circles. Prime Minister Kishi informed Ambassador he was very happy about ruling and felt decision would result in closer and stronger relations between two countries. While Foreign Minister informed press no formal government statement would be issued he ‘praised’ decision saying it manifested ‘good sense’ of US. Justice Minister likewise expressed belief decision ‘proper’ and would aid in deepening Japan-US friendship.”
The Embassy stressed also the “heavy and uniformly favorable” press coverage of the decision. (Department of State, Central Files, 711.551/7–1557)
Aiichiro Fujiyama and Toshiki Karasawa had become Foreign Minister and Justice Minister, respectively, on July 10.
Girard’s trial began on August 26 and concluded on November 19, when the Japanese Court found him guilty of causing bodily injury resulting in death, and imposed upon him a sentence of 3 years imprisonment, which was suspended. Girard then returned to the United States, where he was discharged from the Army in December.
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