Foreign Relations of the United States, 1947, The Far East, Volume VI

740.00116 PW/10–947

The British Embassy to the Department of State

Aide-Mémoire

Ref: 302/34/47

The Foreign Office have heard from Tokyo that the United States Chief Prosecutor to the International Military Tribunal which is trying Japanese war criminals has been considering whether further trials of Japanese who might be charged with crimes under paragraph 1 (a) of the Far Eastern Commission’s policy, FEC–007/7,⁸⁰ are necessary.

2. His Majesty’s Government in the United Kingdom feel that the trial at present in progress has gone on so long as to detract seriously from its value and they would not wish to take part in any further international trials of Japanese war criminals, if indeed any are envisaged. They hold the view that the Far Eastern Commission’s policy does not make it obligatory to hold further international trials for the following reasons:

(a) The Prosecuting Agency has already selected the defendants against whom there was thought to be a case in respect of crimes against the peace when the defendants in the present trial were selected. The presumption is that the other suspects were not charged because the case against them was considered to be insufficient.

(b) Whatever case there may be against some of the suspects under detention in Japan in respect of offences under paragraph 1 (a), of the Commission’s policy, it is the view of the Foreign Office that the case is no stronger than that against the less important defendants in the trial at present in progress. It now seems unlikely that all the defendants in the present trial will be convicted of crimes against the peace; moreover at Nuremberg ten of the twenty-two German defendants were acquitted of such crimes. It therefore seems that it would be futile to set in motion the elaborate machinery of an international trial if, as for these reasons seems likely, the case against those who might be accused is either no better or weaker than that against those defendants in the present trial who are likely to be acquitted.

(c) Experience has shown that the present type of international tribunal with eleven different countries represented on the tribunal and on the prosecution is slow and inefficient. On practical grounds alone, therefore, the Prosecuting Agency should recommend that any further trials should be held before national courts under paragraph 7 of FEC–007/7.

3. The Foreign Office hope that these considerations will be taken into account by the appropriate United States authorities and that it will not be found necessary to hold further international trials.

Washington, 9th October, 1947.

80. April 3, 1946; for text, see Activities of the Far Eastern Commission, p. 97.