711.93114A/8–645
The Secretary of State to the Secretary of War (Stimson)
My Dear Mr. Secretary: I refer to your letter of August 1, 1945, with which you enclosed a report made by three Allied prisoners of war who escaped from Japanese custody.36 I have noted that the report indicates that American prisoners of war have been punished for escape attempts by court-martial sentences of ten years imprisonment.37 These sentences are, of course, in violation of the provisions [Page 399] of the Geneva Prisoner of War Convention of 1929 which provide that escape prisoners who have been retaken shall be liable only to disciplinary punishment.
I am enclosing for your information a copy of a note dated September 30, 1943, addressed to the British Chargé d’Affaires ad interim.38 This note concerns the punishment imposed by the Japanese Government upon certain American and British nationals who were imprisoned for lengthy periods for attempts to escape and sets forth the reasons why the Department of State felt at that time that no purpose would be served by further controversy with the Japanese authorities regarding the subject.39
In view of the cessation of hostilities it is believed that it would not be advisable at this time to raise this matter again with the Japanese authorities.
Sincerely yours,
- Letter and its enclosure not printed.↩
- Mr. Stimson’s letter indicated the sentences were based on charges of “desertion from the Japanese Army in time of war” and that further reports from escaped prisoners indicated this practice was continuing.↩
- Not printed.↩
- For reasons set forth by the Department, see bracketed note, Foreign Relations, 1943, vol. iii, p. 977.↩