710.H Agenda/223
The Secretary of War (Woodring) to the Secretary of State77
Dear Mr. Secretary: Reference is made to your letter of November 25, 1937, (Le78), regarding a Project of Convention on the Prohibition of Aerial Bombardments to be submitted to the Eighth International Conference of American States by the Delegation of Mexico.
The War Department, on various occasions since 1923, has concurred in limiting bombardment from the air to military objectives and has favored the establishment, by international convention, of rules tending to prevent indiscriminate bombing and the useless slaughter of civilians by such means. The War Department adheres to its past position in this matter.
With regard to the subject Convention, there appears to be no military objection to Articles 1 and 2, and sub-paragraphs (a) and (c) of Article 3. In the opinion of the War Department, sub-paragraphs (b) and (d) of Article 3 are faulty for the reasons set forth below:
- Sub-paragraph (b): The acceptance of this provision would permit bombing of practically all industrial plants of a nation, irrespective of whether or not such plants are contributing at the time to the production of munitions. It is believed that air bombing of industrial plants should be limited to those plants actually engaged in the production of munitions.
- Sub-paragraph (d): This provision would permit the bombing of all rolling stock used on important strategical lines of communication. Rolling stock used solely for the transportation of sick, wounded, and civilians should be afforded the protection contemplated under the provisions of sub-paragraph (c) of Article 1, regardless of where such rolling stock is operated.
At a recent date the War Department obtained a copy of the Program and Regulations of the Eighth International Conference of American States, distributed by the Pan American Union. From an examination of this Program, the War Department was led to the belief that no matters of direct or great importance to National Defense [Page 47] would be taken up at the forthcoming Conference. The submission by Mexico of the Convention on the Prohibition of Aerial Bombardments, which Convention affects military operations and the employment of Army and Navy air forces, would seem to indicate that the agenda for the Conference may be expanded to include other matters of vital importance from a National Defense viewpoint. In such an event, it is requested that the views and recommendations of the War Department be sought and considered prior to the acceptance by our Delegates of any Convention affecting National Defense.
Sincerely yours,