233. Memorandum From the Deputy Director of the Office of Northeast Asian Affairs (Ockey) to the Assistant Secretary of State for Far Eastern Affairs (Robertson)1

SUBJECT

  • Proposed Action are Japanese Class A War Criminals

The Japanese have requested that the United States take the initiative in urging the governments represented on the International Military Tribunal for the Far East to reduce sentence to time served in the cases of the Class A parolees. Without White House intervention, the Clemency and Parole Board is prepared only to take this action in regard to the three civilian cases, plus termination of parole supervision in the remaining seven military Class A cases.2

To resolve this impasse and enable the United States to move ahead on this problem, NA has gained the informal concurrence of L/FE and the Executive Secretary of the Clemency and Parole Board to the following course of action: To convene a meeting of officers of the Washington embassies of the seven other governments represented on the Tribunal and outline the Japanese request and the action which the [Page 510] United States is prepared to take. The United States representative would indicate the reluctance of our own Board to reduce sentence to time served in the seven military cases but state that the United States would concur in a majority decision of the governments concerned to do so.

In view of past actions of the other governments, it is quite likely that a majority would favor reduction of sentence to time served in all the cases.

Implementation of the foregoing proposal is contingent upon obtaining the approval of the Clemency and Parole Board to the United States representative informing the other governments that the United States would concur in a majority decision to reduce sentences to time served in the seven military cases. The Executive Secretary of the Board is of the opinion that the Board members would approve such action.

The next Board meeting will be held about October 11. Mr. Lyons has been appointed as the Defense representative on the Board.

Recommendation: That you authorize raising the proposal described above with the Clemency and Parole Board.3

  1. Source: Department of State, Central Files, 611.9426/10–457. Confidential. Drafted in NA on October 3.
  2. Telegram 44 to Tokyo, July 9, reported in part that the Board’s opposition to reduction of sentence to time served in the remaining Class A military cases was based on the “nature of crimes.” (Ibid., 694.0026/7–957)
  3. Robertson initialed his approval of the recommendation on the source text. In a memorandum dated October 25, Ockey stated that he had met on the previous day with representatives of the seven member countries of the International Military Tribunal for the Far East. Ockey set forth the U.S. position as outlined above and subsequently approved at the Clemency and Parole Board’s meeting held October 21, and all the other members stated that they would bring the matter to the attention of their governments. (Ibid., 611.9426/10–2557)