793.94/14315
The Japanese Ministry for Foreign Affairs to the American Embassy in Japan
Note Verbale
The Imperial Ministry of Foreign Affairs presents its compliments to the American Embassy in Tokyo and has the honor to acknowledge the receipt of the latter’s note verbale dated September 12, 1938, in which the views of the American Government concerning the safety of the rights and interests of third countries in a specified area at Hankow were set forth.
In the above-mentioned note verbale, the American Government urgently requested that the Japanese authorities so conduct their military operations in China as to avoid injury to the lives and property of American nationals. The fact that the Imperial military forces are [Page 625] already to as great an extent as possible, strictly adhering to a policy of giving consideration to the safety of the lives and property of the nationals of third countries has previously been made clear by frequent communications and public statements by the Japanese Government, and has been substantiated by past examples. Accordingly, even if a lack of concurrence and cooperation on the part of the Chinese authorities should unhappily prevent the implementation of the arrangement between the Japanese Government and the Powers concerned looking toward the safety of the lives and property of the nationals of third countries as a whole in a specified area at Hankow, there will be of course no change in the policy followed up to the present.
When the Chinese military forces utilize the rights and interests of third countries for military operations, that is, when they offer military resistance from points in close proximity to such interests or use such interests as cover, it becomes practically impossible to avoid the occurrence of unforeseen damage to the rights and interests of third countries. Nevertheless, according to reports from all sources, the Chinese military forces are utilizing the rights and interests of third countries, within and without the area in question, they are building military emplacements, and they are storing arms, ammunitions, military supplies, et cetera. It is important that the Powers concerned, if they are desirous of securing the safety of those interests, should take effective and appropriate measures to prevent acts of the Chinese forces which can be anticipated to jeopardize or injure such rights and interests. If, on the contrary, measures which should appropriately be taken are not taken, and the Powers concerned demand of the Japanese Government alone satisfaction in regard to the results of damages to rights and interests, such demands cannot be said to be just. For this reason the Imperial Government must continue to hold the view, as set forth in its note verbale dated September 3, 1938, that in such circumstances the Japanese Government cannot assume responsibility for damages to rights and interests.