Subject: Disposition of Property of Convicted War
Criminals, Japan.
The annexed memorandum is submitted for the consideration of the
State–War–Navy Coordinating Committee & has the approval of the Dept
of State.
[Annex]
top secret
Reference: JCS
1380/15
Memorandum by the State Department Member,
SWNCC
Subject: Disposition of Property of Convicted War
Criminals, Japan.
the problem
1. To present to FEC through SWNCC the question of the disposition
of the property of war criminals who die before completion of trial
and of the property of convicted war criminals.
[Page 163]
facts bearing on the problem
. . . . . . .
discussion
6. The forfeiture of the property of convicted war criminals as such
is a form of punishment and should be inflicted by the tribunal as
part of the sentence if considered appropriate.
7. In principle forfeited property of convicted criminals and fines
paid by them should be used to alleviate the wrongs of which they
were convicted and, failing that, should be applied to the general
purposes of the punishing authority. It is not feasible to single
out among all those who suffered from Japanese acts victims of the
particular convicted persons. Their injuries are included in the
reparations bills of the aggrieved nations. So far as the forfeited
property is capable of yielding foreign exchange, it will in any
event be subject to measures for controlling foreign exchange. It
would be unwise to earmark the proceeds of confiscated property in
yen, because the Japanese Government is required in any event to
supply yen for such purposes as SCAP directs. Accordingly the proceeds of fines and
confiscated property should be applied to the benefit of the
occupying forces to help defray the costs of the occupation.
8. With respect to the property of accused who die pending trial, no
reason is perceived for a treatment different from property of
acquitted persons, unless the offenses charged relate specifically
to the property, or unless its acquisition or disposition is covered
by other policy directives, in which case appropriate measures can
be taken by SCAP.
conclusions
9. The property of convicted war criminals should not be forfeited in
absence of an order by the tribunal.
10. Property forfeited and fines levied pursuant to an order of a war
crimes tribunal should be applied by SCAP to defray costs of the occupation.
11. The property of accused who die before completion of trial should
be returned to the legal heirs, unless it is claimed that its
acquisition was unlawful, or inconsistent with occupation policy
directives, or unless its release to the legal heirs would be
inconsistent with such directives. In such cases, the death should
not prevent its forfeiture or other treatment pursuant to occupation
policy directives.
recommendations
“12. It is recommended that:
- “a. The foregoing conclusions
be approved by SWNCC;
- “b. After approval by SWNCC the State
Department be requested to forward the substance of the
paper to the US representative on the Far Eastern
Commission for presentation to that Commission with a
view to obtaining a policy decision on this
matter;
- “c. Copies of the approved
paper be forwarded to the War and Navy Departments for
their information;
- “d. The Joint Chiefs of Staff
be requested to transmit the substance of the
Conclusions to SCAP for
his information.”
