The United States Government shares the profound indignation of all civilized people for the desecration and profanation of the bodies of men who have fallen on the field of battle. This Government by its commitments to observe the Geneva Convention gave recognition to this fact. It considers violations of the bodies of the dead shameful and assures the Japanese Government that it does not countenance such depravity. It is the desire of the United States Government that the traditional respect which men of all faiths have from time immemorial rendered the dead should during the period of hostilities be observed as scrupulously as possible.

The United States Government informs the Japanese Government that the form in which the advertisement appeared was entirely unofficial, having been devised and printed by a small civilian group. The United States Government did not endorse the action of these individuals and the advertisement never received the official sanction of either the Marine Corps Headquarters or of the Navy Department. So far as is known the form is no longer in circulation.

Prior to the receipt of the Japanese Government's protest, there had come to the attention of the military authorities of the United States Government the incidents referred to by the Japanese Government. The War Department thereupon issued a message to its commanding generals in the Pacific theater directing that all army personnel be reminded of the provisions of the Geneva Convention governing the treatment of the enemy dead, and to the rules of land warfare on this subject. The War Department message also directed that necessary action be taken to make decent and honorable disposition of such parts of enemy bodies as were not yet interred. Since these steps were taken by the authorities, no further offenses of this nature have come to their attention.

The United States Government, however, points out to the Japanese Government that deeply as American sentiment is appalled by profanation of the dead it is equally appalled by cruelty to the living. In considering the Japanese protest, the many and terrible outrages committed upon American soldiers by their Japanese captors must therefore be taken into account. As the Japanese Government is aware, American soldiers in the Philippine Islands were thrown, while living and in full view of their comrades, into their grave and those who tried to rise were beaten down with shovels and buried. The malevolence of the Japanese troops who relentlessly beat and tortured the American airman who parachuted to earth near Aitape, made of his suffering a public spectacle and then, to loud shouts of joy, with six slashes of the saber decapitated him must also be recalled. Another act of horrible cruelty was the pitiless suffering inflicted upon the American private near Arayat, Pampanga, Philip

pine Islands. As the Japanese Government knows, he was taken by his Japanese captors to a cemetery, was tied to a tree with barbed wire and used for bayonet practice until he was dead. These are but a few of the terrible acts committed by the Japanese armed forces.

Such vicious conduct on the part of the enemy could not fail to have a profound effect on the men of the United States forces. While the great body of these men do not condone or sanction, under any circumstances, the desecration of the dead, it is not difficult to understand that in certain instances men who had witnessed their comrades tortured in life by the Japanese forces should have failed to treat the bodies of the Japanese dead with the respect to which they are entitled. With regard to the memorial presented to the President of the United States to which the Japanese Government refers in its communication, the Japanese Government is informed that the proffered gift was refused by the President and that he ordered it to be returned with the suggestion that decent burial be accorded it.

The United States Government desires to emphasize that it considers its obligation to accord honorable burial, even to unidentified bodies of the enemy dead, to be absolute, and that the Commanders and men of the theaters in which American forces are operating against the Japanese forces are committed to this obligation. The United States Government expects that the Japanese Government will likewise fulfill its obligation and cause its armed forces to desist from their savage behaviour toward the Americans taken captive by them. The civilized and honorable treatment which the Japanese Government expects for the dead, and which American soldiers are prepared to extend to their Japanese opponents both living and dead, can best be assured by humane and civilized conduct on the part of the Japanese armed forces.

WASHINGTON, December 5, 1944.

711.94114/11-1744

The Department of State to the Spanish Embassy

MEMORANDUM

The Department of State refers to memorandum (No. 234, Ex. 113.00 G) dated November 2, 1944 from the Spanish Embassy 12 in charge of Japanese interests in the continental United States transmitting the request of the Spanish Embassy for a report on the fatal shooting at the Fitzsimons General Hospital, near Denver, Colorado, of three Japanese prisoners of war, Kuzunori Makino, Saburo

12 Not printed.

Nakagawa and Sadamu Okada, who were being treated at the hospital for tuberculosis.

Exhaustive investigations were conducted on November 5, 1944 in the cases of each of the three deceased prisoners. Thirteen witnesses, constituting all of the persons who had any knowledge regarding the events leading up to and in any manner connected with the incident in question, were examined in each case.

The three prisoners were admitted to the hospital on May 18, 1944. From the time of their arrival they were confined in the Japanese section of Ward B-1, with the exception of a few days during which they were convalescing from abdominal wounds resulting from their attempt to commit "hara kiri". On September 1, 1944 the three prisoners refused all food for a period of about ten days.

At about 9 o'clock p. m. on October 29, 1944 the three prisoners were given a bottle of milk. One of the prisoners threw the bottle at the guard. It broke and spilled the milk on the floor. The prisoners adopted a belligerent attitude toward the guard who at about 9:25 p. m. called the Corporal of the Guard and informed him that there was trouble in Ward B-1. The Corporal, accompanied by two sentinels armed with clubs, proceeded to Ward B-1. Upon arrival they were informed by the guard on duty of the milk bottle incident. Thereupon they opened the door which led into the Japanese prisoners' section, gave one of the prisoners a broom and ordered him to clean up the floor. Nakagawa said something in Japanese to his compatriots who then refused to obey the orders. Nakagawa seized the club from one of the sentinels and Nakino and Okada rushed the other, grasped him by the throat and tried to strangle him. The guard fired a shot into the floor in order to frighten the prisoners, but they continued their attack upon the sentinel who appealed to the guard for his gun. Upon obtaining it he ordered the prisoners back into their section. Instead of obeying, Nakagawa attacked him. The sentinel fired. Nakagawa fell to the floor. Thereupon the other two prisoners attacked the sentinel who fired at them both. Makino fell and Okada ran into his room. Upon examination all three prisoners were found to be dead.

According to the medical report Makino's death was caused by a gun shot wound described as "Wound, perforating, result of bullet, left cranial cavity; entrance left frontal region; exit left tempero-occipital region, with destruction lateral inferior portion left cerebral hemisphere".

Nakawaga died of a gun shot wound, described as "Wound, perforating, result of bullet entering right inferior anterior neck, through superior mediastinum, left innominate vein, left common carotid, left

phrenic nerve, left upper lobe lung, left 5th rib, skin left axilla, left humerus, left radial nerve, exit over left deltoid".

The cause of Okada's death was described as "Wound, perforating, result of bullet, entrance through right anterior thorax, through right rib (5th), right middle lobe lung, pericardial sac, right ventricle heart, left lower lobe lung, left leaflet diaphragm, left lobe liver, left 8th rib, exit left 6th interspace".

The sentinel, when examined by the medical authority at about 10 p. m. was found to have sustained "a severe contusion of the midoccipital parietal region of the skull". The medical authority testified that in his opinion the injury was caused by some blunt object "used with considerable force".

In each case the board which conducted the investigation found that the prisoner in question was engaged in a mutiny at the time of his death, that the sentinel "was acting in the execution of his duty as a sentinel" when he inflicted the fatal injuries, and that the shootings were in self defense.

The Spanish Embassy presents its compliments to the Department of State and has the honor to transmit the following memorandum received from the Japanese Government through the "Ministerio de Asuntos Exteriores" in Madrid:

Memorandum, December 9, 1944.

"Dispatch dated 1st November sent to New York Herald Tribune from Dagami by Frank Kelly attached to U.S. Seventh Division in Leyte, contains an account of battle on the day preceding All Saints' Day given by Lieutenant Bronks of New York State which is to following effects.

Harry Travers of New Orleans killed Japanese Captain who rushed on from right hand side of Dagami Cemetery with sword and revolver in hand. Private named Will Carry who had been wounded by Japanese Captain with revolver, took sword from deceased. Curney Mill, who had been wounded with sword took revolver and Travers who had killed Japanese Captain looted latter's wrist watch.

Above fact shows that United States troops took no steps to protect Japanese soldiers killed in battle from looting and ill treatment. Above mentioned conduct of U. S. soldiers is violation of Article 3 of 1929 Geneva Convention regarding amelioration of condition of wounded, and Japanese Government therefore file protest with United

States Government and demand them to give instructions to their forces in order to prevent any recurrence of such unlawful conduct in future."

The Spanish Embassy presents its compliments to the Department of State and has the honor to transmit the following Memorandum from the Imperial Japanese Government, received through the "Ministerio de Asuntos Exteriores" in Madrid:

Memorandum-December 9, 1944.

"A dispatch from Newsweek correspondent in Saipan dated 28th August, which was published in United States, reveals the fact that whole Japanese male civilians interned in Saipan ranging between ages of sixteen and fifty-five are registered for work and are engaged in work from eight hours a day on airfields, etc.

It is presumed from above report that Japanese civilian internees in Saipan are forced to work and if so, Japanese Government wish to point out that it is contrary to understanding between Japan and United States relating to mutual treatment of civilians. Even if work is not compulsory it is needless to say that it is unlawful to engage internees in construction of military airfields.

Japanese Government, therefore, protest to United States Government against this unlawful employment of Japanese civilian internees and demand United States Government immediately put a stop to it." WASHINGTON, December 11, 1944.

740.00115 P.W./11-3044

The Department of State to the Spanish Embassy

MEMORANDUM

The Department of State refers to memorandum No. 140, Ex. 113.00 T-2, dated June 6, 1944 from the Spanish Embassy in charge of Japanese interests in the continental United States transmitting a memorandum dated June 3, 1944 from the Japanese Government concerning the shooting of Soichi Okamoto (Shoiza) at the Tule Lake Relocation Center.

13 Acknowledged by the Department on December 22.

554-184-65-73