740.00116 PW/8–2047
Memorandum of Conversation, by Miss Katherine B. Fite of the Office of the Legal Adviser (Gross)
| Participants: | Le—Mr. Gross |
| Le/M—Mr. Yingling,51 Miss Fite | |
| A–H—Mr. Hemmendinger52 | |
| CAD, War Crimes Branch—Colonel Young53 | |
| Legal Section, SCAP—Mr. Carpenter54 |
The problem raised by SCAP in his telegram C52563, 12 May, 1947, CMIN 1908 regarding the disposition of the fifty class A Japanese war crimes suspects still being held in Tokyo was discussed.
It was indicated that the competent authorities felt that approximately 25 of the 50 suspects should be brought to trial on class A (aggressive war) charges. This number would include a few industrialists. It was possible, Mr. Carpenter said, that 3 or 4 of the 25 suspects could be tried on B and C charges under the program under his jurisdiction.
It was generally agreed that it was desirable to avoid further international trials. However, since the existing policy decision of the Far Eastern Commission requires the trial of class A charges by an “international court”, and in order to avoid having to go to the Commission for a new decision, Mr. Gross suggested that it might be suggested to General MacArthur that at his discretion a plan might be worked out in Tokyo with the appropriate representatives of the interested countries for setting up small panels of judges of two or three countries to try the remaining cases. He also suggested that if General MacArthur did not consider this feasible he might be advised that at his recommendation the Department of State would be prepared to go before the Far Eastern Commission to recommend an amendment [Page 280] of the policy decision. In doing this, he said, we might anticipate the possible Soviet position that no industrialists are now being tried internationally and that they should be, by announcing that the United States was prepared to try certain Japanese industrialists in American tribunals, and that it was desired to amend the policy decision to allow General MacArthur discretion in the type of tribunal to be utilized. Mr. Gross added that we might then be prepared to recede to a position permitting international prosecuting teams.
Colonel Young indicated that the War Department was awaiting a cable on the subject from Mr. Keenan, the Chief Prosecutor in the current international trial, and that upon its receipt, a cable along the lines suggested by Mr. Gross might be sent to SCAP. He said that he would keep the State Department informed of developments in the matter.
- Raymond T. Yingling, Assistant Legal Adviser for military affairs and occupied areas.↩
- Noel Hemmendinger, Office of the Assistant Secretary of State for Occupied Areas.↩
- Col. Edward H. Young, Chief, War Crimes Branch, Civil Affairs Division, War Department.↩
- Col. Alva C. Carpenter, Chief, Legal Section, GHQ, SCAP.↩