America at war! (1941–) – Part 5

7556

First meeting of the Protocol Subcommittee

Present
United States United Kingdom Soviet Union
Mr. Dunn Mr. Brook Mr. Gromyko
Mr. Matthews Mr. Ward Mr. Kozyrev
Mr. Cohen Mr. Dean Mr. Lavrentyev
Mr. Bohlen
Mr. Yost 
740.00119 (Potsdam)/7-2645

U.S. Delegation Memorandum

Potsdam, July 26, 1945

Meeting of Protocol Subcommittee, July 26, 1945

Mr. Gromyko was elected chairman of the subcommittee.

It was agreed that the Protocol of the Berlin Conference should follow exactly the form of the Protocol of the Crimea Conference.

  1. It was agreed that the title of the first heading should be “Establishment of a Council of Foreign Ministers” which should be followed by the text which has already been approved by the Conference. There would then be inserted the approved text of the invitation to be sent by the three governments to the Governments of China and France.

  2. It was agreed that the title of the second heading should be “The Political and Economic Principles to Govern the Treatment of Germany in the Initial Control Period” and that this should be followed by two sections “(A) Political Principles” and “(B) Economic Principles.” The first of these subheadings would be followed by the text already approved.

  3. It was agreed that the third section would have to do with Poland and that the title of the section would be suggested by the USSR. This would be followed in the first instance by the text on the Polish question already approved by the Conference.

A draft of these first three headings of the Protocol is attached hereto.

It was agreed that the following subjects would be dealt with under succeeding headings:

  • IV Tangier
  • V Iran
  • VI Western Frontier of the USSR.
  • VII Territorial Trusteeship
  • VIII Government in Austria
  • IX Turkey and the Straits

The exact title of all of these will be subject to further consideration. The text will be supplied by the Delegations which raised the questions before the Conference. In other words, the Soviet Delegation will present texts on Tangier, the Western Frontier of the USSR, Territorial Trusteeship and Government in Austria. The British Delegation will present texts on Iran and Turkey and the Straits.

It was also agreed that decisions taken by the subcommittee are purely tentative and subject to revision after the various representatives have consulted their foreign ministers.

The next meeting of the subcommittee was fixed for Friday, July 27, immediately after the Big Three meeting.

7557

Conversations among U.S. officials regarding war criminals, 9 p.m.

Present
Secretary Byrnes Colonel Cutter
Mr. Justice Jackson Mrs. Douglas
Mr. McCloy Colonel Gill
Brigadier General Betts Colonel Gerhardt
Miss Fite Major Coleman
Mr. Fahy 
740.00116 EW/7-2745

The Assistant Secretary of War to the Secretary of State

Washington [Babelsberg], 27 July 1945
Confidential

Dear Mr. Secretary I send you herewith a copy of our minutes of the conference held in your office yesterday evening on war crimes.

Sincerely yours,
JOHN J MCCLOY

[Enclosure]

Memorandum of Conference in the Office of the Secretary of State, 2 Kaiser Strasse, Babelsberg, 26 July 1945 at 2100 Hours

Present: The Secretary of State, Mr. Justice Robert Jackson, Mr. John J. McCloy (Assistant Secretary of War), Brigadier General Ed C. Betts (J. A., ETO), Miss Katherine Fite, State Department, Mr. Charles Fahy (USGCC Legal Adviser), Colonel R. Ammi Cutter (Office of The Assistant Secretary of War), and Mrs. Douglas (Mr. Justice Jackson’s secretary)

Mr. Justice Jackson reviewed the course of his negotiations with the Russians, French and British in an attempt to reach a protocol governing the trial of the principal war criminals. He also urged that there be established promptly a policy and procedure on the surrender of war criminals and renegades requested by any of the United Nations or by Italy. The substance of the pending IPCOG paper on the subject was reported by Mr. McCloy, Miss Fite and Colonel Cutter.

The following decisions of policy were made by the Secretary of State after full discussion:

  1. With respect to the surrender of war criminals and renegades requested by the United Nations or by Italy, the Secretary of State took the position that this matter should be dealt with by the U.S. military commander having custody of the demanded prisoner. The U.S. commander should make surrender upon presentation of a request from such a government, accompanied by a reasonably full statement that charges were pending or had been made that the prisoner had committed acts constituting either a war crime or an offense constituting him a traitor or renegade. In cases of doubt the military commander should refer the matter to the Control Council to be disposed of without reference to Washington, unless political or other guidance was affirmatively desired by the U. S. representative on the Control Council. (It was understood that Mr. Justice Jackson, Mr. McCloy, General Betts, and the others would go over the pending IPCOG paper on war criminals and the pending EAC paper on United Nations Renegades and Quislings and determine whether these papers in all particulars complied with the policy mentioned above).

    Mr. McCloy pointed out that this decision to leave the matter to the decision of the military commander was in some degree a departure from the United States’ traditional policy of affording asylum to political offenders. Despite this the Secretary of State expressed the opinion that the only practical place for the decision of these questions was in the field, where the military commander had full access to the facts, under a policy which left him free in cases of doubt to throw the request into the Control Council for decision.

  2. With respect to the arrangements being negotiated by Mr. Justice Jackson, the Secretary of State expressed the view that Mr. Justice Jackson should not make any sacrifices of or deviations from principle, either as to the place of trial, procedure, or definition of the criminal offenses. He should not make any agreement which he felt in any way derogated from fundamental axioms of justice. He should make reasonable attempts to reach an agreement for complete Russian participation on a sound basis. If he found it impossible within a fairly short time to effect such an agreement, satisfactory to him, the Secretary of State would approve his reaching an agreement with the Russians and the others, or any of them, but preferably including the Russians, defining in general terms the criminal offenses to be tried and providing for the trial by each nation (or any group of one or more of the four nations) of the criminals in their own custody, in accordance with procedures satisfactory to the nations conducting the trials. Secretary Byrnes suggested that there was ample reason for adopting this view (which could be duly explained to the public at the proper time) in (1) the administrative difficulties (due to language, differences in the national jurisprudences, etc.) of a four-party trial; (2) in the inevitable delays in reaching agreement; and (3) in the necessity for speedy trials on a basis which the United States would regard as fair.

  3. With respect to the substance of the protocol for the trial of the principal war criminals, the Secretary of State expressed the view that this was in general a matter committed by the President to Mr. Justice Jackson and to be decided by him. In this respect he referred to such matters as the substantive law to be applied, definitions of crimes, provisions governing procedure, etc.

Following the meeting above-mentioned, a further meeting was held at #1 Dom Strasse with all of the above present, except Mr. Byrnes. In addition, there were present Colonel Gill, Colonel Gerhardt and Major Coleman.

It was agreed:

  1. That the IPCOG paper on War Criminals and the SWNCC paper on United Nations Renegades and Quislings conformed to the policy stated by the Secretary of State and could be carried out in detail by the U.S. Military Government, which properly under the directive could prescribe regulations as to the form of requests, the extent to which proof of the existence of charges of war crimes should be required, and the standards for determining when the request should be referred to the Control Council;

  2. that the matter of requests by former satellite nations should be considered further, but that probably they should be granted (in the absence of unusual circumstances) where concurred in by the U.S. representative on the Control Council of the former satellite; and

  3. that the regulations governing requests worked out by the Control Council or the U.S. Zone Commander should be communicated to the other United Nations through diplomatic channels.

7558 
501.AA/7-2645

Proposal by the U.S. Delegation [?]

[Babelsberg,] July 26, 1945
Top secret

Admission to the United Nations

The Three Governments consider it desirable that the present anomalous position of Italy, Bulgaria, Finland, Hungary and Rumania should be terminated by the conclusion of Peace Treaties, so that as soon as possible thereafter relations between them and the ex-enemy States can, where necessary, be reestablished on a normal footing. They trust that the other interested Allied Governments will share these views.

For their part the Three Governments have included the preparation of a Peace Treaty with Italy as the first among the immediate important tasks to be undertaken by the new Council of Foreign Ministers. Italy was the first of the Axis Powers to break with Germany, to whose defeat she has made a material contribution, and has now joined with the Allies in the struggle against Japan. Italy has freed herself from the Fascist regime and is making good progress towards the reestablishment of a democratic government and institutions. The conclusion of such a Peace Treaty with a recognized democratic Italian Government will make it possible for the Three Governments to fulfil their desire to support an application from Italy for membership of the United Nations.

The Three Governments have also charged the Council of Foreign Ministers with the task of preparing Peace Treaties for Bulgaria, Finland, Hungary and Rumania. The conclusion of Peace Treaties with recognized democratic Governments in these States will also enable the Three Governments to support applications from them for membership of the United Nations.

As regards the admission of other States, Article IV of the Charter of the United Nations declared that:

  1. membership in the United Nations is open to all other peace-loving States who accept the obligations contained in the present Charter and, in the judgment of the organisation, are able and willing to carry out these obligations;

  2. the admission of any such State to membership in the United Nations will be effected by a decision of the General Assembly upon the recommendation of the Security Council.

The Three Governments, so far as they are concerned, will support applications for membership from those States which have remained neutral during the war and which fulfil the qualifications set out above.

The Three Governments feel bound however to make it clear that they for their part would not favor any application for membership put forward by the present Spanish Government, which, having been founded with the support of the Axis Powers, does not, in view of its origins, its nature, its record and its close association with the aggressor States, possess the qualifications necessary to justify such membership.

7559 
740.00119 Potsdam/7-2645

Proclamation by the Heads of Governments, United States, China and the United Kingdom

Potsdam July 26, 1945

  1. We, the President of the United States, the President of the National Government of the Republic of China and the Prime Minister of Great Britain, representing the hundreds of millions of our countrymen, have conferred and agree that Japan shall be given an opportunity to end this war.

  2. The prodigious land, sea and air forces of the United States, the British Empire and of China, many times reinforced by their armies and air fleets from the west are poised to strike the final blows upon Japan. This military power is sustained and inspired by the determination of all the Allied nations to prosecute the war against Japan until she ceases to resist.

  3. The result of the futile and senseless German resistance to the might of the aroused free peoples of the world stands forth in awful clarity as an example to the people of Japan. The might that now converges on Japan is immeasurably greater than that which, when applied to the resisting Nazis, necessarily laid waste to the lands, the industry and the method of life of the whole German people. The full application of our military power, backed by our resolve, will mean the inevitable and complete destruction of the Japanese armed forces and just as inevitably the utter devastation of the Japanese homeland.

  4. The time has come for Japan to decide whether she will continue to be controlled by those self-willed milita[r]istic advisers whose unintelligent calculations have brought the Empire of Japan to the threshold of annihilation, or whether she will follow the path of reason.

  5. Following are our terms. We will not deviate from them. There are no alternatives. We shall brook no delay.

  6. There must be eliminated for all time the authority and influence of those who have deceived and misled the people of Japan into embarking on world conquest, for we insist that a new order of peace, security and justice will be impossible until irresponsible militarism is driven from the world.

  7. Until such a new order is established and until there is convincing proof that Japan’s war-making power is destroyed, points in Japanese territory to be designated by the Allies shall be occupied to secure the achievement of the basic objectives we are here setting forth.

  8. The terms of the Cairo Declaration shall be carried out and Japanese sovereignty shall be limited to the islands of Honshu, Hokkaido, Kyushu, Shikoku and such minor islands as we determine.

  9. The Japanese military forces, after being completely disarmed, shall be permitted to return to their homes with the opportunity to lead peaceful and productive lives.

  10. We do not intend that the Japanese shall be enslaved as a race or destroyed as [a] nation, but stern justice shall be meted out to all war criminals, including those who have visited cruelties upon our prisoners. The Japanese government shall remove all obstacles to the revival and strength[en]ing of democratic tendencies among the Japanese people. Freedom of speech, of religion, and of thought, as well as respect for the fundamental human rights shall be established.

  11. Japan shall be permitted to maintain such industries as will sustain her economy and permit the exaction of just reparations in kind, but not those industries which would enable her to re-arm for war. To this end, access to, as distinguished from control of raw materials shall be permitted. Eventual Japanese participation in world trade relations shall be permitted.

  12. The occupying forces of the Allies shall be withdrawn from Japan as soon as these objectives have been accomplished and there has been established in accordance with the freely expressed will of the Japanese people a peacefully inclined and responsible government.

  13. We call upon the Government of Japan to proclaim now the unconditional surrender of all the Japanese armed forces, and to provide proper and adequate assurances of their good faith in such action. The alternative for Japan is prompt and utter destruction.

HARRY S TRUMAN
WINSTON CHURCHILL

by H S T
President of China
by wire

7561 
740.00119 Potsdam/8-745: Telegram

The Ambassador in China to the President and the Secretary of State

[Chungking,] 26 July 1945
Top secret
urgent

(The following message is top secret and urgent for the eyes alone of the Secretary of State James F Byrnes Potsdam, Germany for the President from Ambassador Hurley)

The following message is from the Generalissimo, Chiang Kai Shek, for President Truman.

I concur in the proposed proclamation to Japan, with the single alteration that paragraph (1) should be revised to read ‘We, the President of the United States, the President of the National Government of the Republic of China and the Prime Minister of Great Britain, representing the hundreds of millions of our countrymen etc, etc, etc’ since the proclamation is to be by the heads of the three governments concerned, CHIANG KAI SHEK

Concurrence given to me by Chiang Kai Shek at Yellow Mountain, 0930 hours Chungking time July 26th. Delay in transmission due to fact I had to return to Chungking by ferry Yangtze River because lack of communications. Foregoing message handed both Army and Navy for transmission at 1105 hours Chungking time July 26th.

7562 
790.00/1-2050

The Secretary of State to the Soviet Foreign Commissar

[Babelsberg, July 26, 1945]

I am transmitting herewith for your information copy of a declaration which is being issued by the President of the United States, the President of the National Government of the Republic of China, and the Prime Minister of Great Britain, on the aims and purposes of the war against Japan.

This declaration has been given to the press for release and publication tomorrow morning.

7563

The Pittsburgh Press (July 26, 1945)

DEFEATED CHURCHILL RESIGNS
British swing left; Attlee takes over

Laborite emphasizes need for new order for war prevention

…

7564

QUIT OR BE KILLED, JAPS TOLD
3 more cities battered by 350 B-29s

104 ships sunk or damaged

…

7565

Landing off Malaya by Allied reported; Japs claim victory

Invasion of island north of Singapore, if confirmed, may be aimed at big naval base

…

7566

Petain accused of failing France

Ex-senate chief hits one-time national idol

…

7567

Full surrender still U.S. policy

…

7568

Kaiser announces two new autos

One will sell for less than $1,000

…

7569

Free medical care asked for mothers and children

Nonpartisan Senate group submits plan; service would cost $100 million first year

…

7570

48,000 workers on B-29 strike

5 Wright, one Dodge factory closed
By the United Press

…

7571

Beef, lamb, veal points reduced

Values on others remain unchanged

…

7572

U.S. casualties rise 5,741 to 1,058,842

WASHINGTON (UP) – U.S. combat casualties reached 1,058,842 today, an increase of 5,741 over last week’s compilation.

The total included 920,220 Army and 138,622 Navy, Marine Corps, and Coast Guard casualties.

The week’s increase was about evenly divided between the two major services. The new total included 248,137 killed.

The table:

Army Navy TOTAL
Killed 196,918 51,219 248,137
Wounded 569,696 72,066 641,762
Missing 35,708 11,578 47,286*
Prisoners 117,898 3,759 47,286
TOTALS 920,220 138,622 1,058,842

Of Army wounded, 349,197 have returned to duty, and 94,965 of the Army prisoners have been liberated.

7573

I DARE SAY —
Look homeward!

By Florence Fisher Parry

…

7574

Truman: War fought for freedom

President reviews troops at Frankfurt
By Merriman Smith, United Press staff writer

…

7575

Power to use troops urged for President

Controversial issue debated in Senate

…

7576

Adm. Mountbatten, Stalin confer on war in Pacific

Parley prompts predicts Russia soon may join in fighting against Japs

…