Foreign Relations of the United States, 1958–1960, Japan; Korea, Volume XVIII

112. Telegram From the Department of State to the Embassy in Japan⁰

Washington, December 2, 1959, 7:56 p.m.

1328. Embtels 1607, 1623.¹

I. You may inform GOJ we prepared agree to minute of understanding regarding Indirect Aggression on following basis:

In view of fact that words “armed attack” occur in other security treaties (e.g. SEATO, Rio Pact,²NATO, ANZUS, US-Phil, US-Korea) Dept would prefer not tie minute on “indirect aggression” to those words in Article V. Japanese proposal would also equate “indirect aggression” with “armed attack” as used in UN Charter. It would therefore raise serious complications. Furthermore, despite reference in Senate Report, US Govt has never defined armed attack in terms of indirect aggression in any formal agreement or minute with another government. Believe Japanese point might be covered by Minute along following lines:

Japanese Plenipotentiary:

“It seems obvious that any internal disorder or revolution aided and abetted by an outside power might constitute a threat to the security of Japan. If such an internal disorder or revolution is considered by the two Governments to be of this character, it is understood that the United States would be prepared upon the request of the Japanese Government to assist Japan to meet this threat by taking such measures as may be deemed appropriate by both Governments.”

Statement by United States Plenipotentiary would be as follows:

“Under the circumstances you have set forth, it is understood that the United States would be prepared upon the request of the Japanese Government to assist Japan to meet this threat by taking such measures as may be deemed appropriate by both Governments.”

You may point out to FonOff that in no treaty has United States undertaken to do more than consult in case of “indirect aggression” and that we consider Japanese proposal as well as our redraft in effect amount to commitment to consult.

If necessary above proposal could refer in text to Article IV or VI of the Treaty.

II. Minute of understanding on Article III islands still under consideration.

Defense concurs.

Herter

0. Source: Department of State, Central Files, 794.5/11–2259. Secret; Limit Distribution. Drafted by Sneider; cleared with L/FE and OSD/ISA, and with L in substance; approved by Steeves. Repeated to CINCPAC exclusive for POLAD and Admiral Felt, COMUS/Japan exclusive for General Burns, and Naha exclusive for General Booth and Blankinship.
1. Document 106 and footnote 2 thereto.
2. Inter-American treaty of reciprocal assistance, opened for signature at Rio de Janeiro September 2, 1947, and entered into force for the United States December 3, 1948. For text, see 4 Bevans 559.