tude and one hundred twenty-four degrees thirty-seven minutes east longitude. All evidence points to the conclusion that the alleged attack upon the Yosino Maru was that referred to in the Department's memorandum of April 27, 1944, the substance of which was also sent to the American Legation at Bern for communication through Swiss channels 31 to the Japanese Government. A full account of the attack on January 26 is contained in the Department's memorandum of April 27 and there is no further information to add thereto. It is assumed that the Japanese Government at the time of making its protest in respect of the Yosino Maru did not yet have available to it the information set forth in that memorandum. It has been ascertained after careful investigation that no United States aircraft was operating in the vicinity of the alleged attack upon the Tatibana Maru during the night that it purportedly occurred. The United States Government accordingly disclaims all responsibility for the attack said to have been made upon the Tatibana Maru. WASHINGTON, June 10, 1944. 740.00117 P.W./116 The Department of State to the Spanish Embassy MEMORANDUM The Department of State refers to memorandum no. 94 (Ex. 111.00) of May 9, 1944 from the Spanish Embassy in charge of Japanese interests in the continental United States and to the Department's memorandum of May 16, 1944 32 in acknowledgment thereof concerning a message from the Japanese Government in respect of the reply made by the United States Government to the Japanese protest alleging attacks on the Arabia Maru and five other Japanese hospital ships. The United States Government reiterates its regret that accidental attacks should have been made upon Japanese hospital ships. The present opportunity is also availed of to repeat the assurances that all United States forces are strictly admonished to respect the immunity of hospital ships and are doing so to the maximum extent that is provided for by international usage and that the distinguishability of Japanese hospital ships permits. The United States Government disclaims responsibility for the attacks cited, however, since those that have been substantiated were made under circumstances that unavoidably precluded the according of immunity under international practice. WASHINGTON, June 14, 1944. 740.00117 P.W./111 The Department of State to the Spanish Embassy MEMORANDUM The Department of State refers to its memorandum of May 16, 1944 33 and to memorandum no. 97 (Ex. 111.00) of May 11, 1944 from the Spanish Embassy in charge of Japanese interests in the continental United States which transmitted the text of a message dated May 10, 1944 from the Japanese Government regarding the reply made by the United States Government to a protest from the Japanese Government concerning the Japanese hospital ship Buenos Aires Maru. Upon receipt of the Embassy's memorandum under reference the circumstances surrounding the attack upon a vessel alleged to have been the Buenos Aires Maru were subjected to a thorough re-examination during the course of which photographs were examined which were unavailable when the Department's previous communication on this subject was formulated. An analysis of these photographs which were taken from the bombing plane substantiates the United States Government's previously stated position regarding this matter. The Japanese Government in its rebuttal memorandum of May 10, alleges that the "sky was clear" at the time of the attack upon the ship but in the same statement admits that there were both stratus and cumulus clouds. Each of the two protests state that the bombing plane disappeared into clouds, and photographs taken during the attack show patches of stratus cloud formations below the plane. The original allegations of the Japanese Government claim that the bombing was done from an altitude of about 1,000 meters, and it is later estimated that the altitude was approximately 1,200 meters. From the photographs taken during the attack, knowing the length of the ship and the focal length of the camera, it is proven that the bombing took place at an altitude of slightly higher than 7,000 feet. The Japanese Government alleges in its recent memorandum that the white painting and green band, characteristics of hospital ships, must have been discernible at a glance from the attacking plane. However, the original protest of the Japanese Government admits that the bombing plane approached from the ship's stern, and the 23 Not printed; it acknowledged memorandum No. 97 from the Spanish Embassy. photographs in the possession of the United States Government prove that the bombing run was made approaching from the stern and on a course only slightly divergent from that of the ship's course, the plane passing directly over the ship. In approaching the ship from the stern neither the hull painting nor the green band would likely have been discernible. These photographs also show a narrow dark band extending lengthwise along the topworks amidships and distinctly broken in at least three places into segments of irregular length. Only one athwartship band is in evidence and this crosses at the funnel, is about four times the width of the longitudinal segments, and is distinctly of a different shade from the latter. The total impression is not of a Geneva cross but of lines, shadows and upper works such as might appear on a merchant vessel under certain light conditions. Furthermore, the point of bomb release was more than a mile astern of the ship and it is evident that at that point the alleged markings would have been even less indicative. The second protest of the Japanese Government alleges that there was a red cross over the poop deck with bars 11 meters long and 1.2 meters wide, and a red cross on the stern facing aft whose bars were 6 meters long and .6 meters wide. The aforementioned photographs disclose no evidence of any such crosses. In reference to the alleged machine gunning on December 1, 1943 of drifting lifeboats from the Buenos Aires Maru, supplementary information received since the reply of the United States Government on February 5, 1944 establishes that a motor launch and about 20 small boats were strafed at a position 3 degrees south, 149 degrees east. The only identification visible from the attacking plane was a Japanese flag carried on one of the small boats. The motor launch carried a weapon or weapons of a nature permitting effective use against the aircraft which is proven by the fact that the plane was hit and its nose damaged. The fact that the launch carried such weapons and fired on the plane was sufficient in itself to confirm the pilot's identification of the boats as legitimate targets. For these reasons the United States Government disclaims all responsibility for the alleged attack on the Buenos Aires Maru and on lifeboats from the Buenos Aires Maru and rejects the protests of the Japanese Government as being entirely without validity. The records of the United States military and naval authorities show moreover, that hundreds of contacts with Japanese hospital ships have been made by American submarine and aircraft which were thus in a position to attack but refrained from doing so in view of the immunity enjoyed by hospital ships. WASHINGTON, July 27, 1944. 740.00117 P.W./9-2644 No. 210 The Spanish Embassy to the Department of State 34 Ex. 111.00 MEMORANDUM The Spanish Embassy presents its compliments to the Department of State and with reference to its Memorandum dated May 9, regarding a reported attack on Japanese hospital ships in Pacific waters, begs to transmit a new complaint from the Japanese Government regarding the same matter received through the "Ministerio de Asuntos Exteriores" in Madrid, which reads as follows: "Memorandum-September 26, 1944 In the two replies of the United States Government on the protest of the Japanese Government against the unlawful attacks made by the United States forces on the Arabia Maru and five other Japanese hospital ships, it is alleged that the hospital ships were in the vicinity of Military objectives or that the marking of the ships or its illumination was imperfect. Based on such false representation of facts, the United States Government attempt to excuse the acts of their forces which were perpetrated either deliberately or through lack of due care. The Japanese Government estably and refute [totally refutes] 35 these allegations in view of the indisputable facts which have been clearly stated in their two former communications. The Japanese Government regret that the replies of the United States Government are most unsatisfactory, and hereby confirm their notification to the United States Government that the Japanese Government reserve all rights relating to the unlawful attacks made on the Arabia Maru and five other Japanese hospital ships." The Spanish Embassy presents its compliments to the Department of State and has the honor to transmit below a memorandum received 34 In a letter of December 1, 1944, Acting Secretary of State Stettinius informed Admiral William D. Leahy, Chief of Staff to the Commander-in-Chief of the United States Army and Navy, that "the Department is merely acknowledging the receipt of these communications" of September 26 and October 18 (see footnote 35, below) "from the Spanish Embassy and is informing the British Embassy in the premises." Both of these actions were taken on December 1. The British Government had been presented with a virtually identical Japanese protest. (740.00117 P.W./11–1544) 35 Correction based on memorandum No. 230, Ex. 111.00, October 18, from the Spanish Embassy (not printed). 36 The Department made acknowledgment on December 20. from the Japanese Government through the "Ministerio de Asuntos Exteriores" of Madrid, in which it complains of the attack made on the Japanese hospital ship Tatibana Maru: "Memorandum-December 2nd, 1944. "Japanese hospital ship Tatibana Maru while sailing about one kilometre off Capones Lighthouse which stands in southwest direction from San Antonio in Philippines at about 10:00 AM on 6th November, was machine-gunned by enemy formation of deckbombers from low altitude. Ship was exposed to serious danger as she was attacked at closest range. Weather was fine and visibility good. Ship's name and particulars of her identification marks had been formally notified to United States Government in December, 1943. From circumstances at time of attack it is evident that attack was intentionally perpetrated. Against this unlawful attack Japanese Government protests of United States Government and demand them promptly to institute inquiry into affairs, punish those responsible, and guarantee prevention of such attacks in future. In order to show how carefully Japanese forces always pay attention to enemy hospital ships, Japanese Government point out fact that on 12th November at about 8:00 AM while Japanese army special attack corps air unit was raiding enemy surface craft in Leyte Gulf, one of Japanese planes was about to swoop down to ram itself against its objective, but on finding that it was hospital ship, plane refrained from attack and turned away to engage another ship defying interception attempted by P-38's. Chivalrous act of Japanese plane which in midst of severe fighting and in spite of highest imminence of its own peril desisted from attacking enemy hospital ship lying so close to other enemy craft, makes fine contrast with criminal act of above mentioned enemy planes." WASHINGTON, December 4, 1944. 740.00117 P.W./12-2744 The Spanish Embassy to the Department of State 37 MEMORANDUM No. 259 Ex. 160.000 The Spanish Embassy presents its compliments to the Department of State and has the honor to transmit below the contents of a telegram received from the Japanese Government through the "Ministerio de Asuntos Exteriores" in Madrid, regarding the sinking of the hospital ship Muro Maru outside the port of Manila: Memorandum-December 27th, 1944. "(1) On 13th November 1944 formations of United States planes began to raid Manila at 7:40 AM (Japanese time, so are times mentioned below). Japanese hospital ship Muro Maru which was outside 37 The Department made acknowledgment on January 8, 1945. |