393.115/216: Telegram
The Secretary of State to the Ambassador in China (Johnson)
Washington, March 8, 1938—6
p.m.
98. Your 132, February 28, 10 a.m. If claimants desire to file claims of the character mentioned they should be handled in the manner indicated in paragraph 7th of the Department’s 78, February 18, 7 p.m. However, should responsibility be admitted with respect to particular incidents and a desire be manifested by the authorities to settle such claims locally and informally, the procedure set out in paragraph 4th may be followed. In claims of this character claimants’ attention may be invited to the following considerations:
- First: While it is a general principle of international law that a government is obligated to take all reasonable steps necessary to protect the property of aliens within its jurisdiction, a government is not ordinarily regarded as internationally responsible for losses sustained by aliens as a result of the acts of private individuals in the absence of evidence of complicity or neglect on the part of its authorities.
- Second: In situations in which military forces have occupied and are in control of a particular area their responsibility in the matter of protecting the property of aliens against acts of private individuals [Page 288] is not believed to be any greater than that which would have normally rested upon the regular civil authorities who were supplanted.
- Third: In claims of this character claimants should endeavor to establish either (a) that the authorities were put on notice with respect to, or reasonably should have anticipated the occurrence of, illegal acts of the nature complained of, and negligently failed to take adequate steps to prevent the acts; or (b) that the authorities negligently failed to take adequate steps to apprehend and punish the offenders. It should also be shown, if possible, that sufficient police or soldiers were available to prevent the acts had the authorities been disposed to take steps to that end.
Hull