694.001/7–1351

The Acting Secretary of Defense (Lovett) to the Secretary of State

top secret

Dear Mr. Secretary: I am forwarding herewith for your information and consideration a copy of a memorandum from the Joint Chiefs of Staff, dated 11 July 1951, regarding the Japanese Peace Treaty with declarations appended thereto. A copy of this memorandum was forwarded informally to the State Department on 11 July.

With respect to Paragraph 3c of the memorandum of the Joint Chiefs of Staff, I share their view that the security interests of the United States will be jeopardized unless there is some provision that the bilateral security arrangement becomes effective simultaneous [Page 1193] with any Japanese Peace Treaty. This is particularly true with respect to the operations in Korea. I believe that the documents relating to the Japanese Peace Treaty should be strengthened to include some assurances that the Japanese Government will simultaneously ratify the Peace Treaty and the bilateral security arrangement with the United States.

I shall make further recommendations to you in connection with the views of the Joint Chiefs of Staff concerning the use of Japan as a base in the Korean operation or in a war other than the Korean operation in my comments on the text of the bilateral treaty, which you submitted on 10 July to the Department of Defense for comment.1 The Joint Chiefs of Staff and the Joint Secretaries have this matter under consideration.

Faithfully yours,

Robert A. Lovett
[Enclosure]

Memorandum for the Secretary of Defense

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Subject: Japanese Peace Treaty and Declarations Appended Thereto.

[Here follows comment by the JCS regarding the language of the proposed Declaration by Japan regarding war graves.]

3. The following are the comments and recommendations of the Joint Chiefs of Staff relative to the 3 July 1951 draft2 of the proposed Peace Treaty, as amended:

a.
It does not make provision for preventing the signing of the Treaty by China. In this connection, the Joint Chiefs of Staff note that the Secretary of State in his letter to you of 28 June 19513 has stated that he confirms “that China will not be permitted to sign this treaty.” The Joint Chiefs of Staff appreciate this assurance inasmuch as they consider it to be essential that Communist China not sign the Japanese Peace Treaty;
b.
Article 21 accords to China the benefits of Articles 10 and 14 (a) 2 of the Treaty. By the terms of this article, among other things, China is entitled to seize and retain all the property of Japan which is subject to its jurisdiction on the date of coming into force of the Treaty. The specific language of Article 14 (a) 2 and the implications thereof are not clear. In any event, the Joint Chiefs of Staff strongly object to according voluntarily to Communist China any right or benefit which that nation does not now de facto hold. They recommend, therefore, that Articles 21 and 14 (a) 2 be revised, in unmistakable terms, so as to prevent such eventuality; and
c.
There is no provision in the Treaty or in related documents which would make it possible to insure that the Treaty will not come into force before the conclusion of any bilateral security arrangements between the United States and Japan providing for both a United States garrison in Japan and the United States use of Japan as a base in the Korean operation or in a war other than the Korean operation. The Joint Chiefs of Staff emphasize their view that, under present and foreseeable world conditions, the security interests of the United States would be jeopardized unless such a bilateral security arrangement becomes effective simultaneous with any Japanese Peace Treaty. Further, if the United States fails to ratify the Japanese Peace Treaty, but other nations do ratify it, the United States must use its political influence to the maximum to insure that those nations do not conclude treaties which would be detrimental to the security interests of the United States in the Far East, specifically with respect to the operations in Korea.

4. The Joint Chiefs of Staff recommend that you take such action as you deem appropriate on their comments and recommendations above, upon your ascertaining that the enclosed documents in fact represent the current views of the Department of State relative to a Japanese Peace Treaty.

For the Joint Chiefs of Staff:
Omar N. Bradley

Chairman
Joint Chiefs of Staff
  1. See the enclosure to the letter of July 10 from Mr. Dulles to Secretary Marshall, p. 1187.
  2. Not printed, but see the Department’s circular telegram 9 of July 3, p. 1174.
  3. See footnote 1, p. 1156.