H. REPATRIATION OF GERMAN AND JAPANESE PRISONERS OF WAR 63. STATEMENT BY THE DEPARTMENT OF STATE, On the afternoon of February 1, 1950, the Soviet Ambassador handed a note to the Secretary of State proposing the early appointment, in accordance with a Far Eastern Commission policy decision of April 3, 1946,3 of a special International Military Court to try as war criminals the Emperor of Japan and several former Japanese generals on charges of crimes against humanity. The timing and content of the Soviet note coming as it did 4%1⁄2 years after the surrender and many months after the war crimes trials in Japan had been terminated-strongly suggest that the principal motivation of the note is to divert attention from Soviet failure to repatriate or otherwise explain the fate of over 370,000 Japanese prisoners detained in Soviet-held territory. Following repeated efforts by General MacArthur's headquarters to obtain information on the fate of these prisoners, the Secretary of State sent a note on December 30, 1949, to the Soviet Ambassador urging that his Government agree to the designation of an international humanitarian organization charged with making a complete survey of the situation. No reply, not even an acknowledgment, has been received to this note. The minutes of the seventh meeting of the Far Eastern Commission on April 3, 1946, show that the Commission approved the policy decision referred to by the Soviet Ambassador with the express understanding that the directive to be forwarded to the Supreme Commander embodying the Far Eastern Commission decision should be so worded as to exempt the Japanese Emperor from indictment as a war criminal without direct authorization. Since the directive to the Supreme Commander was so worded, he can accordingly take no action against the Japanese Emperor without a new policy decision by the Far Eastern Commission. These facts are known to the Soviet Government, which could have introduced a policy proposal in the Far Eastern Commission, in accordance with normal procedure, along the lines of the recommendations contained in its note. That the Soviet Government did not elect to do so but made these belated charges in a sensationalized manner raises obvious questions about the real motive behind the Soviet note. 3 1 Department of State Bulletin, Feb. 13, 1950, p. 244. Not printed. Activities of the Far Eastern Commission: Report by the Secretary General, February 26, 1946-July 10, 1947 (Department of State publication 2888; 1947), pp. 97-100. Department of State Bulletin, Jan. 16, 1950, pp. 102-103. The note was transmitted to the Soviet Embassy Jan. 3, 1950. 64. STATEMENT BY THE FOREIGN MINISTERS OF THE UNITED STATES, THE UNITED KINGDOM, AND FRANCE, MAY 13, 1950 1 The three Foreign Ministers have noted with surprise and deep concern the Soviet statement of May 4 which declared that the repatriation of German prisoners of war from the Soviet Union to Germany has now been completed. They recall the repeated efforts made by the three Western Occupation Powers to secure the Soviet Government's compliance with the quadripartite agreement to repatriate all German prisoners of war by December 31, 1948.3 The Soviet statement stands in sharp contradiction with the fact that a very large number of German families are still awaiting the return of their relatives taken prisoner of whom they have had direct news during their captivity in the Soviet Union. The Ministers note furthermore the inconsistencies among the scant data furnished at different times by the Soviet Government concerning the numbers, whereabouts and fate of German prisoners of war and deported civilians. This situation reveals a grave disregard for human rights. It is moreover apparent that this is not an isolated incident since the Soviet Government has also failed to repatriate numerous nationals of German occupied countries taken prisoner during the war as well as more than 300,000 Japanese nationals who still remain unaccounted for in Soviet territory. The Ministers have agreed that they will take all possible steps to obtain information bearing on the fate of prisoners of war and civilians not yet repatriated from the Soviet Union and to bring about repatriation in the largest possible number of cases. 65. NOTE FROM THE DEPARTMENT OF STATE TO THE SOVIET EMBASSY AT WASHINGTON, JUNE 8, 1950 * 4 The Department of State acknowledges the receipt of note No. 74 of May 11, 1950 5 from the Embassy of the Union of Soviet Socialist Republics. The note calls attention to Circular No. 5 "Clemency for War Criminals" issued by command of General MacArthur on March 7, 1950. It is alleged that the circular runs counter to the Charter of the International Military Tribunal for the Far East and 1 Department of State Bulletin, June 19, 1950, p. 1018. 2 Cf. TASS statement of May 5, 1950; ibid., Sept. 11, 1950, pp. 433-434. 3 Agreement of Apr. 23, 1947; ibid., Jan. 16, 1949, p. 78. 4 Ibid., July 10, 1950, p. 60. $ Ibid., pp. 60–61. FEC doc. 314/18. See also The Far Eastern Commission: A Study in International Cooperation, 1945 to 1952 (Department of State publication 5138; 1953), p. 196. 1 Trial of Japanese War Criminals (Department of State publication 2613; 1946), pp. 39-104. the decision of the Far Eastern Commission of April 3, 1946,1 relating to the apprehension, trial and punishment of war criminals in the Far East. The Government of the United States is urged to take measures to have Circular No. 5 revoked. Inasmuch as the matters referred to in the note are within the jurisdiction of the Far Eastern Commission, the request of the Soviet Government should have been addressed to the Commission. In this connection the attention of the Soviet Government is called to the minutes of the 193d meeting of the FEC, May 18, 1950 which contain a statement of the views of the United States on the parole of Japanese war criminals. Nevertheless, as the position of the Soviet Government is at variance with the views of the Government of the United States, those views are set forth for the Soviet Government's information. The Supreme Commander for the Allied Powers is the sole executive authority for the Allied Powers in Japan, and as such, has the responsibility for carrying out the judgments of any international courts appointed by him. This is specifically recognized by Article 17 of the Charter of the International Military Tribunal for the Far East and by paragraph 5 (b) (1) of the Far Eastern Commission policy decision of April 3, 1946. Under Article 17 of the Charter of the International Military Tribunal for the Far East the Supreme Commander for the Allied Powers may "at any time" reduce or otherwise alter a sentence of the Tribunal except to increase its severity and paragraph 5 (b) (2) of the Far Eastern Commission policy decision of April 3, 1946, confirms that he has "the power to approve, reduce or otherwise alter any sentences," imposed by any international courts appointed by him. Whether the Supreme Commander can exercise his power to reduce or otherwise alter a sentence "only while considering the question of the approval of this sentence" as contended in the Soviet Government's note or whether this may be done "at any time" as provided by Article 17 of the Charter quoted above is unnecessary to consider at this time as no reductions or alterations in the sentences imposed by the International Military Tribunal for the Far East have been made by the Supreme Commander and none are contemplated by him. The Soviet Government is apparently under the impression that paroles such as are provided for by Circular No. 5 are alterations of the sentences imposed by the International Military Tribunal. This is fundamental error. A parole is in no sense an alteration of a sentence but permission by the appropriate authority for the convicted criminal to serve part of his sentence outside of prison under certain conditions and controls and subject to being returned to prison for serving the remainder of the sentence if the conditions of the parole 1 Activities of the Far Eastern Commission: Report by the Secretary General, February 26, 1946–July 10, 1947 (Department of State publication 2888; 1947), pp. 97-100. The Far Eastern Commission: A Study in International Cooperation, p. 198. are violated. This method of dealing with convicted criminals is in accordance with the practice in enlightened and democratic countries. For the reasons indicated the Government of the United States declines the request of the Soviet Government that it take measures looking to the revocation by the Supreme Commander of his Circular No. 5. 66. NOTE FROM THE SECRETARY OF STATE TO THE SOVIET CHARGÉ D'AFFAIRES AT WASHINGTON, JUNE 9, 1950 1 1 The Secretary of State presents his compliments to the Chargé d'Affaires ad interim of the Union of Soviet Socialist Republics and refers to the Secretary's note of December 30, 1949, 2 requesting the cooperation of the Soviet Union in the matter of repatriating or otherwise accounting for over 370,000 Japanese nationals who, according to figures considered reliable, are in areas under Soviet control, dead or alive. The note under reference alluded to the repatriation obligations of the Soviet Union under the Potsdam Declaration of July 26, 1945,3 and pointed out that the prolonged detention of prisoners after the cessation of hostilities is in patent conflict with accepted international concepts of fundamental human rights and freedoms and with humanitarian principles as set forth in the Geneva Convention of 1949 relative to the treatment of prisoners of war which was signed by some sixty Powers including the Soviet Union. In the interests of resolving a problem of long-standing concern to the Allied Powers and Japan, the note specifically requested that the Soviet Government agree to the designation of an international humanitarian body or organization charged with making a complete first-hand survey of the situation with a view to obtaining exact information on Japanese held in Soviet areas since the cessation of hostilities. The Embassy is reminded that the note under reference has not been answered or acknowledged, directly or indirectly, since its delivery over five months ago and that an early indication of the reaction of the Soviet Government to the United States Government's proposal would be appreciated.5 1 Department of State Bulletin, Aug. 14, 1950, p. 257. 2 Ibid., Jan. 16, 1950, pp. 102–103. 3 A Decade of American Foreign Policy, pp. 49-50. The Soviet Union, in its declaration of war against Japan, Aug. 8, 1945, "joined in the declaration of the Allied Powers of July 26." Geneva Conventions of August 12, 1949, for the Protection of War Victims (Department of State publication 3938; 1950), pp. 84-161. 5 See Soviet reply of July 16, 1950; Department of State Bulletin, Sept. 11, 1950, p. 435. 1 FROM THE AMERICAN 67. NOTE AMBASSADOR AT MOSCOW TO THE SOVIET FOREIGN MINISTER,2 JULY 14, 19503 The Ambassador of the United States of America presents his compliments to the Minister of Foreign Affairs of the Union of Soviet Socialist Republics and on instructions from his Government has the honor to refer to the Soviet press announcement of May 5, 1950,* stating that the repatriation of German prisoners of war from the Soviet Union to Germany has been completed with the exception of 9,717 persons convicted of grave war crimes, 3,815 persons whose alleged war crimes are in the process of investigation, and 14 persons detained owing to illness. The Government of the United States shares the shock and concern of the German people over this public announcement, and is unable to give credence to the Soviet statement that there are only 13,546 German prisoners of war in its custody. These figures are completely at variance with the information in the possession of the Government of the United States, showing that large numbers of German prisoners of war known to have been in the Soviet custody have not yet been returned to their homes. 6 The Soviet Government is again informed that, in accordance with the agreement reached by the Council of Foreign Ministers at Moscow in April 1947 for the repatriation before December 31, 1948, of all German prisoners of war in the custody of the four occupying powers, the United States, the United Kingdom, and France did in fact repatriate all German prisoners of war in their custody prior to the agreed date. The United States, on its part, actually completed its program of repatriation of German prisoners of war as early as June 30, 1947. The Government of the Soviet Union has repeatedly failed to respond to requests for pertinent information of its actions under the agreement of April 1947. On January 24, 1949, the Soviet Minister of Foreign Affairs, in acknowledging receipt of one of these inquiries, admitted that an unspecified number of German prisoners of war were still held in Soviet custody, failing however to furnish any information concerning them, but stating unequivocally that the Soviet Government would complete the repatriation of German prisoners of war remaining in its custody during 1949. It is clear from the announcement of May 5, 1950, that the Soviet Government has failed to honor 3 1 Adm. Alan G. Kirk. 2 Andrei Y. Vyshinsky. Department of State Bulletin, July 24, 1950, pp. 132-133. The British and French Embassies also sent notes to the Soviet Government. 'Reprinted in Annex V, U.N. General Assembly, Official Records, Fifth Session, Annezes, Agenda Item 67 (A/1339). See Bundestag resolution of May 5, 1950; ibid., Sept. 11, 1950, p. 434. * Printed as Annex II, U.N. General Assembly, Official Records, Fifth Session, Annezes, Agenda Item 67 (A/1339). See Germany, 1947-1949: The Story in Documents (Department of State publication 3556; 1950), pp. 119 ff. 8 Ibid., pp. 122-123. |