Foreign Relations of the United States Diplomatic Papers, 1938, The Far East, Volume IV

493.11/2132

The Department of State to the Netherland Legation

Aide-Mémoire

In the aide-mémoire of the Royal Netherlands Legation³⁴ which was recently left at the European Division of the Department certain inquiries are made relating to questions which are stated to have arisen in connection with claims of Netherlands subjects arising out of the present conflict in China.

As stated orally to the Counselor of the Royal Netherlands Legation on May 17, 1938 by a member of the staff of the Legal Adviser, the Secretary of State, at a press conference held on August 27, 1937, informed the correspondents that this Government had notified both the Japanese and Chinese Governments³⁵ that this Government reserved all rights on its behalf and on behalf of American nationals with respect to damages to or loss of American property or on account of death or injuries sustained by American nationals as the result of the activities of Japanese or Chinese armed forces in the course of or incident to military operations now in progress in China.

As the Counselor was further orally informed, no claims arising since the beginning of the present conflict have thus far been presented to either Government by this Government except those in which responsibility in connection with particular incidents has been admitted and a readiness indicated to grant compensation covering the damages sustained by American nationals as a result of such incidents. The question of the applicability of the “Regulations respecting the Laws and Customs of War on Land” annexed to the convention signed on October 18, 1907 at The Hague was not raised in connection with the above-mentioned cases, nor was the question raised relating to the ownership of real property in China, to which reference is made in the penultimate paragraph of the Legation’s aide-mémoire.

Washington , June 1, 1938.

34. Ante, p. 316.
35. See note No. 781, August 27, 1937, from the American Ambassador in Japan to the Japanese Minister for Foreign Affairs, Foreign Relations, Japan, 1931–1941, vol. i, p. 490, and Department’s telegram No. 185, August 26, 1937, 8 p.m., Foreign Relations, 1937, vol. iv, p. 289.