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Historical documents

93 Mansfield to Evatt

Cablegram 52 TOKYO, 16 February 1946, 7.42 a.m.

SECRET

The suggestion has been made that the Japanese Government be
included in the indictment as a prosecuting party. [1] This is
based on the fact that by the terms of surrender the Japanese
Government accepted the provisions of the Potsdam agreement [2]
and that the latter included provision that stern justice be meted
out to war criminals. It is also suggested that the inclusion
would make trials more effective as far as the Japanese people and
the world in general are concerned.

It is not proposed that the Japanese Government be represented at
the trial by judge or prosecutor. Please advise Australia's
attitude towards the suggestion. Welcome with pleasure Major
Mornane's [3] appointment.

1 Cablegram 23 of 26 January from Tokyo reported SCAP officers'
confidential advice that MacArthur's proclamation on the
establishment of the International Military Tribunal for the Far
East was so drafted as to make the Japanese Govt a parry to the
prosecution of major war criminals.

2 See Volume VIII, Document 163.

3 T. F. Mornane, Assistant Crown Solicitor in Victoria, was
appointed as Mansfield's assistant, with the rank of Lieutenant
Colonel.


[AA:A1067, UN46/WC/15]
Last Updated: 11 September 2013
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