INTERNATIONAL MILITARY TRmUNAL fon TH

INTERNATIONAL MILITARY TRmUNAL

fon TH]; FAn EAST

TRANSCRIPT OF PROCEEDINGS

4 December 194.6

r r. 1\) '1 $" 9 - I \ l~ 3 ~ .

DAVID NELSON SUTTON PURL: https://www.legal-tools.org/doc/c220cc/

PURL: https://www.legal-tools.org/doc/c220cc/

Doc. JiQ..s.

821

821B

2623

2611

2611

Pros. Det". _)if 0 ,_ -11£..&.

1307

1307A

1308

1309

l309A ~~e,.

I N D E X

Of

WITNESSES

NONE

I N D E X

Of

EXm?ITS

4 DECEMBER 1946

For In . I dent..!. Evidence

Pc. rent document: Collections of the Officie1 Announcements of the Foreign Ministry, No. 14, for 1935 11?68

Excerpt therefrom; Announc~ ad on October 31. Item 17. Est~b1ishm€nt of the Perm~nent Conciliation Commission Bet'ween Japan and the Natherl~nds 11768

st~tement.by Dr. Hubertus J~ V~n Mook, Lieutenant Governor-General of the Neth()rl~nds Indi,cs, Batavin

Book anti tIod: "Tr'e Nether ... lands Indies and Jnpnn, Battle on P":per; 1940~ 194111 by Dr. H. J. Van Hook 11776

11771

~\

Excerpt therefrom 11717


Doc. P:'os" Def" _No. TT

-1~;_~..::.- Eo.

21]'7E 1310

2748A ( 2) 1311

2748A(6) 1312

2748A (8) 1313

2748A (18) 1314

2748A(19) 1315

2748A(20) 1316

I N D E X

Of

EXHIBITS

(Cont.)

For In Description I dent. Evidence

Decision of Lioison Confe:.."once 27 JUly 1940 /8EO"-A 15/ Gist of Mnin Points in Rcgcrd to Dceling vn th the Si tnetion to I\,!ent tho Change in ~~Tor1d Conditions

DeID2nds AgDinst the Dutch Indies

Telegrnm from the Jeurneso En70y (Y:.OBAY1\S:Pl:) in Bctevie to Foreign Minister HATSUOICA dcted 13 September 1940

Telegrrm to Foreign Iitnister MllTSUOKA from D81egate KOBAYASHI dated 18 October 1940 .

Te}ogrc:m from HATSUOKA to SAITO dcted 3 Sentember 1940

Telegram from Jrppnosc Commerce 1Unister KOBAYASEI in Bntc:via to Foreign I'Iinistor T'ATSUOKA in Tokyo dDted 18 September 1940

TclegrDm from Dclegote SAITO to Foreign 11inistor EATSUOKA doted 25 October 1940

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11798

11813

11817

11821

11822

11835


Doc. Pros~ Def. ~ No. , No.

2137G 1317

2748A (10) 1318

2631 1319

2748A(12) 1320

2748A (13) 1321

274-8A(14) 1322

I N D E X

Of

EXHIBITS

(cont'd)

For In Description , ,Ident. ;Eviden..£§.

Cabinet Decision 25 October 1940 /SHOW.i\ 15/ Re HOasures for Economic Dev81opmont of Netherland East Indies. (A further document from exhibit No. 540 previously marked for IdentiflcotioD)

Te10gram from Delegate YO;3HIZN'!A in BatfJ ;ria tl' Fo:"'eign Llinister J.l;~TSUOKA d~ted 27 Jan-,l3ry 1941

Telcgram from Dolegrate Y')SHIZAWA in Batavia to F0reign Einister ULTSUOKA dated 6 February ~941

Telegraw fro~ Priwe Ulnistcr KOHOYE to the Japen8se Delegate in BataVia, YOSHIZAWA, doted 28 f,~arch 1941

Telegram from Foreign Linister I.1ATi:.-UO:fu.\ to the Japanese Delegate in Batavia, YOSHIZAWl~ G.ated 23 L1ny 1941

TEl" egrorn froT" thE; JapanElse De -ego te in BD tovia, YOSHIZ2'1~\, to Foro ign Hini ster 1.IATSUOKA, doted 7 June 1941

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118,6

11858

11864

11868

11874


Doc. Pros. Def. J!£:. J2.e- JIQz.

2748A(15) 1323

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26l2D

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I N D E X

Of

EXHIBTrS

(contrd)

For In ~~escri12t:lon Ident. Evidence

Telegram to the Japanese Delegate in Bntavi3, YOSHIZ!;.lNA, froI!l Foreign 1.1inister :.:':i.TSUOIQ\., doted 14 June 1941

Jopon Yoor Book for the ~~ear 1943-1944 11883

Excerpt therefrom(p o 205) (July 28, 1941)

Offj~iDl Report by the Bureau of East Asiatic Affairs of tte Netherlands Indies Govern~ent on the Organization of the Japaneso Intelligenco Service in the Netherlands Indies doted 27 Octowr 1941

Official Report of tho Notherlands East Indios Govorn~ent on Japflnvso "Subversive Activities in tho Nether-lands Indies 11893

Excerpt therefrom

Letter from r:r. KUBO, Totsuji doted 24 December 1938

Lotter dated 15 Dorch 1935 (Further excerpt from ex~ hibit No, 1326 for Identificotion)

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11883

11885

11893

11900

11905


2612C

2612E

1513

1585il.

1559A

2612F

P:;"OS(I Def. -1!..0-2- ~ 1326D

1362E

1327

1328

1329

1330

I N D E X

Of

EXHIBITS

(cont'd)

For In DescrirtiQD Jdent. Evid0ncu

FurthGr excerpt from exhibit 1326 ~nd reproducod 33 on JpP8ndix to thut 8xhibit

Lotter d~t0d 30 Gay 1940 (Furthor exc(;rpt frcEi exhibit No. 1326 for Id011tific&tion)

Excerpt fraIl exb1bit Fa. 803 (for Identification) being on Intercopted 1e1ugl"OID sont from Bat,!)vio to Tokyc on 2 Septorrber 1941. (SendGr, YOSHIZN'lA, Jap:JDGSe ConsulGonarD1 in Batavia)

List of Questions DroVln up for the Liaison Conference Betwoen the Govornm0nt :::md Imporial H03dquorters at the Ene of October, 1941

Answors to n bove Questj_ons

Intercepted Tologram sent by the Japanese ConsulGeneral in Batavia to the J:'uonese Gonsuls in v?rious places in the Netherlonds Indies on 29 Novomber 1941 (Excerpt fror exhibit No. 2612)

11907

11910

11915

11923

11928

11938


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Wednesday, 4 December, 1946

INTERNATION..'\.L 1.1ILITARY TRIBUNll.L FOR THE FAR EAST

Court House of the Tribunal War Ministry Building

Tokyo, Japan

11,758

The Tribunal met, pursuant to adjournment,

at 0930.,

Appearances:

For the Tribunal, samo as before~

For the Prosecution Section, same as before.

For the Defense Section, same as before.

T he j~ccuse(1:

~nl pre sent except OKL''!A, Shumei, who is

represented by his counsel~

(English to Japanese and JopJncsc

to English interpretation was mado by the

Langu:J go Section, II:1TFE.)


11,759

D 1 MARSHAL OF THE COllRT: Tbe International u d 2 Mil:Ltary Tribuna'l for trle Far East is now in sess ion.' a

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d e r

3 THE PRESIDENT: Major Moore.

4 LANGUAGE ARBITER Offajor I'"oore): Mr. Presi-" ,

5 dent~ I intended to present a lsnguege correction

6 this morning, but it seeJ11.S ,the Language Section is

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not ready to put it in simultaneously and I could

present :Lt tomorrow morning, witr the Tribunal's

permiss ion •.

THE PHESIDENT! Mr. Justice ~!ansfield .

Justice Mansfield, we ~re all very much concerned /

Mr.

wi th the l,enf!:tr' of the evidence dealing w:i.th conven-,

tional war crimes, that .is, alleg€d atrocities. It

is not very clear iet to what extent the accused

can be associated with ~hat particular ~lass of

I crime. I knowtrat you will contend that tre Burma-r '

Trailand :;',oilway was a military project and trat the

prisoners of war Vl,ere unJ.av.lfully employed tf ereon.

There i$~lso evidence ttet tbat particular project

was, authorized by the Japanese Cabinet, and there

was G report to the accuse~ TOJO covering operations

on the line and the treatment of prisoners. The

aecuse.d SHIGEMITSU is also mentj.oneo. in that rega.rd.

But trere are other conventional war crimes with

V'Thich the association .of the accused has not been


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1 made so clear up to date. It would, of course, be

2 regrettable sbo~ld we heEr a vast amount of evidence

3 exte~ding over Many weeks, only to discover that

4 t~e accused could ~ot be associated wit~ the matteri

'5 dealt with. Could you give us any assistence on

6 that?

7 MR. JFSTICE MLNSFIELD: If the Trj_bunal

8 please, the cese for t~e prosecution rests upon

9 several factors. First of all, t~ere are certain

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admissions i~ the interropations of the accused

V'dth regErd to these 'war crimes, which have not yet

been put bef'ore the TriJ:mnal.· Secondly, thete are

certain direct acts of some of the accused with

regard to orders, and the formulation of, for ex

ample, tbe Prisoner of "'ar Pvnishment Act and the

I ect under whicll the American aviators who were shot

down in Japan were executed witrout trial.

~itb ~egard'to the accused TOJO~ in addition

to the offj_ce which ~e reId at tbe releve.nt time,

1:e d:i.rectly announced on one occasion t.r~at Japan

would not follow the Geneva Convention. In addi-

tion, he gave instructions to camp commanders, at

meetings of camp commanders, whjch were· contrary to

the rules of internattonal warfare.

TEE rHBSIDEPT: 1rTell, I think you have sa.id


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enough, Hr. Justice llfansfield, to S€t Jur vinds at

rest about the matter that I mentioned.

MR. JUST.:CE MANSF'IELD: Thank you.

THE PRF1~IDEl\TT: Mrs. Strooker.

MRS. ST'toO'(ER: Your Honor, Mr. Laverge

wi11 proceed 'INi -t;'~ "~re reading of tre documents, if

the Court so p].ea~e.

1'FE pr~ESIDENT: Mr. Laverre.

MR. IAV?Fi.GE: Your Fonor, there is still

one more dGCl111 er:.t belong-inE' to the [roup of cocu-

l:tents vrhich IT! s. Strooker introduced yesterda~,

wtic~ we wish ~) refer to.

We respectfully call the Tribunal's atterti~n

to courtexhjtit 641, being a telegram from Canton

11 '7(,~ . ,. -)

15· to Trykyo, dat.ed III Jul:.' 1941. In this telegram it

16 is stated tr3t the purpose of the occupation of the

17 snuj;'·ern part of Frencr Indo-China is to launcr from

18 t~ere a rapid attack as soon as the international

19 situation is suitable. In this connection the first

20 step to be taken is the ser:dinf of an ultimatum to

21 the Netrerlcmds Indies. 22

Having rreserted to the Tribunal B. number of 23

documents stowing how t~e idea __ 24

TPE FRT~.'3:tDENT ~ Mr 0 Levin. 25

:fI.'ffi.. LEVUT: Mr. President, we do not wish to


11,762

1 unduly object, but we do feel that in the reading

2! of trese documents ttat tre documents so speak for

3 themselves and so clear that no lengthy explanation

4 of their co~tents should be made. It'seems it is

largely in the nature of a summary. 1~fhile I appre-.

6 ciate that a word or two to indicate tre character

7 I of the document is quite essential, nevertheless,

8 we do believe that they srould be restricted to a

9 minimum.

10 TEE PHrSID:::NT: I have already requested

11 the prosecutor to restrict tre explanations to a 12

minimum. I think the Thltch section of the prosecu-13

tior are observing that reauest. 14 Mr. Lavergr0. 15

MR. L,{.Vrr:GE~ Havin€" presented to the 16

I Tribunal a. nm-iber of docur1 ents sbcwIing how the idea of 17

a Jaranese advance to the soutt gr2dually came to 18

be the estsbli.sred Japanese ;8licy, we will now 19

present a number of documents dealing with direct 20

reJations and negotiations between the Netherlands 21

22 and Japan in 194 0 and 1941. Trese documents will

23 show how Japan tried to prepare for an advance into

24 the Netterlands Indies by makinr far-reaching

2S demands upon the Netherlands Butrorities and by the

, f


11,763

--------------_.

1 At this point we would like to call the Tri-

2 i bunal' s attention to tre fect that the development

3 of Japanese policy to advance soutbward, on which

4 subject evidence has been presented, was, as the

5 evidence will show, from month to month reflected

6 in the JaraD0se demands on the Netrerlands Indies and

7 in the Jc~p8nese attitude towc:rd the Netr.erla.nds.

8 me respectfully call the Tribunal's attention

9 to Eyhibit 52~ being tr;e Treaty of Judicial Settle-

10 ment, Arbitration and Conciliation between Japan

11 and the Fetberlends, signed at ~'he Vafue on 19

12 As tris eyhlbit bas not yet been reed

131 I Vie wtJl, vrith tre Tri_bunaJ's permission, proceed to 14 read a few relevant parts thereof. 15 At this point ~e wish to add that this is one 16

of the pTosecution's basic dncuments, admitted at 17

the beginning of the prosecution's case. At ttat 18

time copies in Erglish and Japanese were distributed 19

to the Defense. A few days ago, however, it was 20

noticed trat the Japanese translation was incorrect. 21

A new Japanese translation wa~ therefore, prepared, 22

~ I which was dj.strituted to the defense yesterday.

241 We wlll ree.o tre reading of the treaty:

flEER NAJESTY THE OUEEN or THE Nr.TPEHT~ArDS 25

1 and 1 ___ ... . .. __ .... _._._-----


11,764

"HIS MAJFSTY TFE EITPEROF OF JAPAN,

"Equally des j.rous of streng-trening the fri;endly

3 relations which have existed between the Netherlands

4 and Japan for centuries,

5 tlFirmly resolved itl no case to seek a settle-

6 ment otter than by pacific means of disputes of any

7 character whicr may arise bebNeen their two countries, 8 "Rave decided to conclude a Treat,r for that .. 9 I

purpos·e .. " 10

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I will now read Article 1.

"All disputes of any character arisin~ ~etween

tbe High Contracting Parties, whir~ it has not been

possible to settle amicably witbin a reasonable

perioo. by the normal diplomatic procedure, shall be

justiciable, by co~mon accord·between the Parties or 16

at the request of either one of them, by a Permanent 17 -

Conciliation Commission to -be est&blished under the 18

provisions of the p~esent Treaty and to exercise its 19

functions in accordance therewith. Disputes which in 20

~l ' the opinion of bott Parties ere of a juridical

22 character shall be submitted to the Permanent Con-

23 ciljatj.on Commission only by common accord between

24 tbe Parties."

25 I vrj.ll now read Art icle 11.

"The Permanent Conciliation Commission for which


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11,765

------~----~----,----------:------'

the present Treaty pTovi~es sball be ~q~posed of

five members, WhO' shall be '~ppointed as follows,

. tbet 1s ~o say: tte Pigh Contracting Parties shall

each appoint one of their own nationals to be a

. Corn.miss ioner, and the remaining three Commissioners

stall be chosen by common accord from netione-cIs 0'1'

ttird Powers in suer wise th).t each is of a dif

ferent natlone:lity,' one of the latter to be c;,PPQinted

by tbe Pirh Contrrcting Parties os President'of the

C . . " ommJ.ssJ.on.

Next we will rea.d Article 25.

"The present Treaty sre-.ll come into force as

~odri as the retif~cBtions heve been exchanged and

shall remain in force for B. pE'riod of five years as

from. itscQming into force. If not denounced six

mo.nths before the 'GXP iry of the said period , it

s"8tl1 be. deemed to be tacitly renewed for further

successive periods of five years.

It lilly proceedinf s fif whc. tever kind under the I

pT~sent Treaty which may be pendin~, at th~ time of

the expiry of the same, before the Permanent Con

cili2tio~ Commi,';3sion, the Perme.nent Court of Inter-

23 nationEl Justicp o:rthe Arbitral Tribunal shall con-

24 tinue until the;7 f.re concluded. II 25

,Lastly, w·e ShE:ll ree.d the proto.coi of slgne.ture.

. t.


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11,766

"At tl'1e moment of proceeding to tbe sir'nature

of the Treaty of .Tudicic:.l Settlement, Arbitr8tion.

and Concilic tion behveen the Netherlands Rnd Japan,

the undersirned Plenipotenti&ries declare themselves

agrEed as to the following:

"(1) T~e aforesaid Treaty shall be c:.pplicable

to a.ll disputes wb icr may cerise between the two'

countries not cU.rectly affecting the interests of

third Powers.

"( 2) Sr'ould the leg[~l s i tUE: t ion of JapBn in

relation to the PcrmRnent Court of International

Justice be modified as a result of the wittdrawal of

Japar from the Leapue of Nations, notice of which

was given on r~rch 27th, 1933, becoming definitive,

the Pi?h Contracting Parties shall proceed, at the

request of the Japanese Government, to enter into

negotiations in order to decide whetter it is neces

sary to amend the provisions of the said Treaty

relating to tre sE'cid Court. For tre pEriod of sucr

nerotietions tfie applicc3.tion of the sEdd provisions

srall be suspended. Nevertheless, proceedings

pending before the Court at tbe time of the Japanese

Government's reauest srall continue until a con-

clusion i~ re8ched~ and the provisions of the Treaty 25

shall continue to be applicable to decisions of the


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11,767

COllrt in such cr~s8s."

This Treoty was retified on 12 August 1935, 2S

m2Y be se8n on PDf€; 1 of exhibit 52.

Th8 permsnent Concilistion Co~mission mentioned

in Article 1 of the Tre8ty wes appointed on Novecb8r

1935. This is shown in prosecution do6ument S21-B,

8n excerpt from prosecution document 821.


11,768

We present for identification only, 1

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prosecution document 821.

The excerpt therefrom, prosecution docu

llient 82l-B, ii offered in evidence.

CLERtl('eI' THE COURT: Prosecution's document

No. 821 will receive ~xhibit No. 1307 for identification

onlYQ

(Whereupon, the document above referred

to was marked prosecution1s exhibit No. 1307

for identification.)

Tlili PRESIDENT~ The excerpt is admitted on

the usual terms.

CLERK OF THE COURT~ Prosecutionfs document

No. 82l-B, s aid excerpt, will receive exhibit No. 1307-A.

(~hereupon, the 60cument above

referred to was mar~ed prosecutionfs exhibit

No. l3.04:-A, and was receive..d in evidence.)

-,..--

MR. LAVERGE: IF!e will now read exhibit 1307-A.

19 "Collections of the Official Announcements

20 of the Foreign Ministry, No o 14, for 1935.

21 II (Announced on 31 October.)

22 lI'Item 17 ~ Establishment of the Permanent

23 Conciliation Commission between JaD2n and the

24 Netherlands.

25 "The ratiflcations of the Japan-Netherlands


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11,769

Treaty of JUdicial Settlement, Arbitration, and Con

ciliation, which had been signed at The Hague on

19 April Showa 8 (1933), were exchanged at fhe Hague

on the 12th of August this y~ar. According to

Article 12 of the Treaty, a Permanent Conciliation

Commission, cODposed of 2 members, representing each

of the signatory powers, and 3 other merbers frot;

third rowers, is to be established as soon as possible

after the Treaty comes into force. In pursuance of

this, the Governments of the two countries consulted

each other privately in regRrd to the organization

12 of the Cornn:i s sion. The forr:;ali ties were carried out

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very smoothly and formalities for the appointments

of Baron Kiichiro HIRANtJMA for Japan and of Beelaerts

van Bloklan~ (Nethe~lands Foreign Minister at the

time of the conclusion of the Treaty and presently

Vice-President of the Privy Council) for the Nether

lands, have been completed. Informal acceptance of

appointments have been already obtained from the can

didates for third power members, namely, Iilax Hueber

(a SWiss, President of the International Red Cross

Committee and ex-President of the International Court

of Justice) to be Chairman of the Commission, Raoul

Fernandez (a Brazilian, ex-Ambassador to Belgium),

and Johann Ludwig Gorwinkel (a :Norwegian, ex-Premier


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11,770

and ex-F oreign ],unister) to be the other third pmlJer

members. Accordingly. t~9 0rg?nization of the Com

mission is expected to be formally completed on

4 Noven~ber 1. This Cnrrmission is a permanent org8niza-

5 tion charged with the duty of settling by conciliation

6 all aisputes between Japan and the Netherlands which

7 cannot be settled by diplomatic means. This tvpe of

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Commission is the first one for Japan."

The Treaty of JUdicial Settlement, Artitra-

tion and Conciliation having ceTI:e into force on

12 August 1935 remained binding on both parties until

12 August 1940 and would have rerrained binding for a - ."'.,-----

further five years if not denounced by one of the

contracting parties six months prior to that date.

We respectfully invite the Tribunal's atten-

tien to the fact th~t by its o~der, appearing in

Paper No. 387, it has taken judicial notice of the

fact that on 12 January 1940 the Jap3nese Government

inforn:ed the i'Jetherlands Governf:1ent of t he abrogation

of tllis Treaty.

We offer in evidence prosecution docu~ent

2623, being a sworn statement by the Lieutenant

Governo~Gener9l of the Netherlands Indies, Dr. H. J.

van ~ook, in which he deposes that a number of facts

related by him in a book of which he is the author are


11,7'11

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1 true and correct,

2 THE PRESIDENT: Admitted on the uS'uaI terms.

3 CLERK OF THE' COURT: Prosecution I s document

4 No" 2623 will receive exhibit No., 13ott"

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(Whereupon" the doc,urnent $bove

referred to was markeo'prosecutionfs exhibit

No. 1308, and was received in evidence.)

MR, LAVERGE: We 'will now read ct'?rtain. parts

9 of exhibit 1308, starting at the top of page 2.

10 tlDr. Hubertus J. VAN MOOK, Lieutenant ...

11 Governor-Gener31 of the Nether18nds Indies, living

12 at, B3.tavia, duly sworn, states:

13 I

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II~ am 52 years of age, -Df Dutch natioml1i ty

and bOFn at Semarang" Nether19,nds Indies on 'May 30th,

\1894_ My permanent home is Batavia, where I am at

present living.

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"In 1944 I published in NeVI York with \7. W.

Norton & Com~any, Inc. a book titled 'The Netherlands

Indies and ,Japan' n subtitled f Battle on ,P3.per, 1940.-

1941 t • The same book was published in the same ;rear

in London with George Allen & Unwin Ltd., with a

subtitle 'Their relations 1940-1941'.

III was at that tir'6 lanister of the Colonies

in the Nethez:larrds Governtrlent, temporarily residing

/ at Lond on. 11

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"Formerly I had served in the Netherland's

Indies in several functions, jOining the staff of

the Departnent of Economic Affairs in 1934. On

August 31st, 1937 I was appointed Director( Qf Econo

mic Affairs ('Director' in the Netherlands Indies is

the h~ad of a civil department). In August, 1940, I

waa appointed temporary Minister Extraordinary and

Plenipotentiary and Chairman of the delegation for

the economic negotiations ~ith Japan.

"In those functions I have had intirNlte

knowledge concerning the relations between" the Nether

lands in Asia and Japan during the last eight years

before the outbreak of vvar in the Pacific. 'This

factual knowledge has been laid down in my aforG-

15 mentioned book. The facts mentioned therein have

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come to my knowledge either as I witnessed them my

self or out of official and other documents, to which

I had access in my aforemention~d functions. All

the docu~ebts and speeches quoted in the book have

been c8refully copied or trnnslated from true copies

in my possession or available at the Ministries of

the Colonies and of Foreign Affairs in London and at

the Netherlands EDbassy in ~ashington.

"I state i;md depose that in my nforen'3ntioned

book the faots have been given according to the truth."


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11,773

"Especially I am apletc' state to have

pers~mal knmvledge of the follo'wing fRets Mentioned in

my book on the cited pages. 1I

41 The Tribunal ITt3Y want to considsr the f~cts

of '17h1ch Lr. van Mook states to have person8l knQ1.lV

ledge, and which are given on pages 3 to 5 of the

English text. ~fTe will not re"ld this p9.rt, but vIill

continua reading at the botto~ of page 5.

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IS

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":B'urtherlT'ore I \vish to st"lte that tho pub

lications in my beak of the following 60currents are

full, truo, cODplete and accurate copies of the origi

nals or full, true, complete snd. accurate translations

of sa~e. Only the superscriptions sna signatures

have been omitted in the fully reproduced docunents."

The Tribun~lts attention is invited to the

list of docum3nts which Dr. van ~ook states to be

correctly reproduced in his sforem3ntioned book.

We will not read the list.

THE PRESIDENT: r~r. Lovin.

I\,~R. LEVIN: Mr. President, I cannot Sf'y

21 at this tirre whether or not dofenso ~·/0uld require th(~

22

23

24

25

appearance of the witness for cross-examination, and

I would like to reserve that right.

THE PRESIDENT: Th3 pos:i.tion is sor::evvhQt

unusual.

~~---------~---~~- ~--------


LL,T/~

MR. LE\TIN: And in the .?: It'..orne. t ive, if '¥e

1 d~ not make that request, we might make a request

2 for ... t~t.~rrogn.~oI'ic;s Qf this witness -- of this

3 individual.

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Ii 1 0 r 2

S e 3

&: 4

A 5

b r 6

a in 7

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11,775

THE PRESIDENT~ Cnptain Brooks.

HR. BROOKS: I would like to r8ise objection

to this document 2623, exhibit 1308, on pages 3 2nd

pages 4 end following thct, the similar mEterial that

is put in the book. Now, I believe thpt th~t should

be stricken and disregarded because it is a persiflage

of facts mentioned in the book without ?oin~ into

the facts and it is very peculiGr. I don't think the

book has been placed before the Court itself end

since this is more of an index to the book, the pEge

numbers in it, I can't see th(~t it world h8ve 8ny pro

bative value ond I think should be expunged from con

sideration, from the record. If the prosecution had

seen that this was of great imDortance I believe they

would heve read these points in there and inferences

that might be drawn from some simnle statement might

not be brought out et nIl from the statements in the

book itself.

THE PRESIDENT: We will hear what Mr. Laverge

has to S[lY as to the extent to which he nroT)osed to

use the book 2nd how.

1v'lR. LAVERGE: Your Honor, ap&rt from E2 few

short p£ragrc:phs here [',nd there which give snecif1c

facts, the main nurpose in using this book is to Dut

before the Tribunal the different memorc::nd[ Which heve


11,776

1 been exch&nged between the J2panese 2nd Netherlands

2 [~uthorities in 1940 c.nd 1941.

3 /THE PRESIDENT~ Well, all I crn say is we

4 will consider en E.pplicction to h2ve the 211thor c211ed

5 I for cross-exnminEtion.

6 MR. BROOKS~ Under the Drosecution's st2te-

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ment, your Honor, I believe it should be objected to.

It is not the best evidence to show the agreements or

ex~hange of notes as a summvry from the book end it

should be objected to on this ground.

THE PRESIDENT: The strict rules tif evidence

h2ve no applie2tion, but n2turally we will look for

the best evidence [vuilable.

MR. LAV:ERGE~ I would like to draw your

Honor's attention to the fact thct v2~look st2tes

thrt &.11 the documents h2ve been carefully 2nd correctly

copiod in his book. That is in.his affid2vit 2t the

bottom of page 5.

We offer,for identificrtion only, prosecution

document No. 2611, being a book by Dr. H. J. v.:':n r~ook

entitled liThe Netherlc::nds Indies one' J2pan, Bc·ttle on

Paper, 1940-1941," end published in the United States

in 1944.

CLERK OF THE C0r'RT: Prosecution's document 25 .

I No. 2611 will receive exhibit No. 1309 for identificction i _______ _


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11,777

only.

(WhereuDon, the document above referred

to was marked prosecution's exhibit No. 1309 for

identificc:tion. )

1m. LAVERGE~ We offer in evidence excerDts

from the aforementioned book, nrosecution document

2611.

THE pqESIDENT~ Admitted on the usual terms.

CLERK OF THE COURT~ Prosecution's document

No. 2611, an excervt from the foregoing, will be given

exhibit No. 130911..

(V'hereupon, the docll..."Uent [:bove referred

to was marked prosecution's exhibit No. 130911.

and received in evidence.)

THE PRESIDENT: Mr. Levin.

MR. LEVIN: Mr. President, I would like to

inquire whether or not the entire book is available

and if it is we would like to hc:ve it produced for,

at least, examinetion by the defense.

THE PRESIDENT A book purnorting to be that

~2 I book has been tendered and marked for identifcotion --

L. I tendered to be mc:;,rked for identification. We Dssume 23 I 241 it is the book.

25 I MR. LAVERGE ~ As the events reloted by I I I Dr. v[.n Mook c over the complete Jc::pc,nese-Netherlc::nds 1-----


11,778

1 relations in the years 1940 ['~nd 1941 Dnd there are

2 several other documents on t'1is subject which the

3 prosecution intends to introduce as far as Dossible

4 in chronologic£l order, we will at this stage reed only

5 D Dart of this book, exhibit .1309A, and reed further

6 pE,rts of it ct the ap::)ropricte stE!ge in the course of

7 the present~tion of our evidence.

8 ?e begin re2ding et the tOD of pege 5 of

9 exhibit l309A. I reEd~ """'"~

10 nIn the following cccount the nrincipel

11 documents exchanged betvieen the governments and their

12 representatives are given in their full originrl text

13 as for as they were ih En~lish 0r in an ~ccurcte

14 translation. It seemed better to err on the side of

15 circumstantiali ty th[:n to creE te the imnression of

16 reticence. Errors in gra.:nmar, idiom r.nd orthogr[:phy

17 ere copied from the originals, which were written in

18 a tlanguEge foreign to both pcrties.

19 "Reletions between the Netherlc:mds Indies and

20 Jcpan presented no soscial difficulties until after

21 the world crisis of :1929. In 1899 2 12W hed accorded

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23

24

25

the Jc:.penese the stc,tus of 'LUrOn82.nS' in the Indies;

in 1912 f: gencrc 1 tri'de tree: ty h8d DUt their [lcti vi tit's

in that coutry with rcg[rd to trcde, business, shipping,

[~nd immigrc:tion on the footing of the usu!:'l most-


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11,7'19

-----------------------~-----------------------------------

favoured-nation cl~use.

"'::he Japcnese were 10 te in the busine ss field;

their pcrticipntion in tropic.::l agriculture Dnd mining

remrincd very limited, not because of eny opnosition,

but bcc[use others hod got the start on them. In

imrorts Dnd exports, bc:::nking and shipning their sh&re

we-,s better end g rodur.lly increc:: sing, but until about

1929 there were no disturbing developments

"When thE: world economic crisis beg2m, this

situ8.tion chc;nged rc~pidly and mnterinlly. Je:;n['n's

shore in Netherlands Indies imports rose from 11 Dor

cent in lS29 to 30 per cent in 1935, whereas in the

selme period t~lOse percentC' ges for thE Netherl[:nds,

the rE st of Furcpe, f.nd America drop'-'cd from 20 to 13

per cent, from 28 to 23 per cent, end from 13 to 8 per

cent respectively. At the same time, the sh2re of

Jsprn in Ncth:~rlnnds Indies ex!)orts vms only 5 per

cent in 1935, [:5 ng~~inst 22, 18, c·nd 15 ner cent .

respectively for the Netherlands, Europe, fnd America."


1 The first note containing Japanese demands

2 upon the Netherlands Indies was delivered on 2

3 February 1940~ shortly after the abrogation of the

4 aforeMentioned Arbitration Treaty. We will now read

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this Dote? continuing to read from exhibit 1309-A,

starting at the second paragraph on page 6:

"Note, handed by Ivlr. ISHII, Japanese minister

at The Hague to Dr. Van Kleffens, Netherland I.:inis-

ter of Foreign A f 'falrs, on the second of February,

1940.

"Chief items (esired to be agreed upon between

Japan and the Netherlands.

"I. IvIATTLI'lS hELATIHG TO COI'!n.;:;ERCE.

11(1) Japanese side:

It (a) Japan is to refrain, as far as circum

stances permit, from adopting any measure, pro-

hibiting or restricting the exportation of its 18

19

20

21

22

principal goods required by the Netherlands Indies.

(It is to ~\ understood that the exportation may

sometimes be difficult for economic reasons.)

"Cb) Japan is to adopt such measures as

de'8med to be appropriate \w.i.th a view to furthering 23

11,780

. I

24 the importation of goods from the Netherlands Indies.

25 If (2) Netherlands Side:

"(a) The Netherlands Indie~ is likewise to


.

1 '·refrain from adopting any measure prohibiting or

restricting the exportation of its principal goods;

the prohibitive or re'strictive m~asures" to which

the exportation of certain goods has already been

subjected are to be so modified as to render the

2

3

4

5

6

1

8

flow of goods easier between Japan and the Nether

lands Indies.

_11 (b) The eXisting measures of import restric-

·ll,.~i

9

to

tioris'in respect of Japanese 'goods ~re to be abolished

or moderated. 11

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25

II II. IVIATTEI~S· R~1A~ING TO ENThY.

"(1) Japanese Side ~

flJ'apan is, as at present ~ to adopt no

restrictive measures in f..uture in respect of the

entry .of employees of Netherlands firms in Japan. "

"(2) Netherlands Side: . ~

"The existing Foreigners Labour Ordinance

in the Neth(;r1ands Iti:"ti.es is to be abolished or

moderated.

'II III. IvlATTE!tS I~ELATIl~G TO ENTEhPhISE ANL

INVES:fMEN'r •

If (1) Japanese Side: -l1(a), Japan is to afford, within its influence

and co~pet2nce, reasonable protection to Netherlands

interests in ManchukuQ and China.1t


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11,782

' .. -'.' ... --.. --~-

II (b) F8.cilitL-os are to be afforded in respect

of new Netherlands investments in Japan; its offer

of investment to lVlanchukuo and China is to be re

commended by Japan to be accomodated, to the govern

m.ents concerned.

11(2) Netherlands Side:

if (a) Further facilities are to be extended

to the existing J-apanese enterprises in the Nether

lands Indies.

"(b) Facilities are to be granted to new

enterprises, including those under joint control

of Japan and the Netherlands.

IIrv. COKThOL OF PhESS AND OTHEh PUBLICATIONS

OF ANTI-JaPAl'lESE NATUhE.

liThe anti-Netherlands tendency, if any, of

the press, magazines and other publications in

Japan on one hand? and the anti-Japanese tendency of

the prt;ss, magazines and other publica.tions in

Netherlands and the Netherlands Indies on thE;

other are to be placed respectively under strict

control in conformity with friendly spirit prevail-

ing be.tween Japc:m (?,nd the HetheI'lands.

"A suitcble reply wes still under considera-

tion ~len, on the tenth of kay, 1940, the Nether

lands were 2ttacked B.nd invaded by GermanyJI -.->---~-


1

2

3

"On I~iay 18, tho J-apanese c::msul- (12neral at

Batavia visited the Director of Economic Affairs and

delivered condolences, requests, and veiled threats

4 H lmo s t in one o.nd the same br ea th • On I:::Cl.Y 20, Fore ir,l'l

5 hinister AhITA hended the following note to the

6 Netherland M.inister in Tokyo ~ II --

7 MH. LOGAN: If the Tl"ibunal pls2se, wo

8 fail to see ho'\.1 these agreements 9 or proposed agree-

9 ments, b2twoen -,- .., J2_pan [mo. the N0therlo.nds arc material

10 or relevant to any issue in this C2SC. As I under-

11 stand the Indictment, ther8 is no chQrge that Japan

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broke any of these agrGements. As a m2tter of frct,

I think in the opening statement of this phE'.so it

appeared thc~ t the Nether l[',nds declared weI' on J8 pan.

THE PhESIDEHT ~ Formally. vve knoVl nothing

of the merits of thLt yet.

i.iE. LOGAN: That I s rizht9 your Honor 0 It

wos formally done, but thore is no cho.rge in the

Indictm::mt with respect to rny breach of [\n~r economic

agreenents, 2~S I understcmd it. l"urthermore, it

do~sn't constitute 0 crime.

THE; PHESIDENT: 'l'his could only be (;vidence

of aggression.

~~. LOGAN: I fail to see how it would be

any cho.rge of aggression, your honor 7 if both pcuties

-------------------


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11,784

voluntarily entered into this agrcumcnt, ~nd there

is no chargee otherwise. Not only is there no ,

charge, but there is no evidence that it ".f\T':'S nny-

thing otherwise than c.. voluntc.ry agreement. "

THE PHESIDENT: By virtue of agreement you

I!light get into a position to w[',go war E',ggressively

'wi th grec.. t effect, but mr. Lc.verge hD.d bettor tell us

what the point of the 8vidonce is.

IvJR. LAVERG8: Your Honor, ·this is not 8.

matter of agreemont. What we are presenting her<:; to

the Tribunal are demands by J,'pnn of the Hetherlands -

Indies. These demands continued [fnd inc:r-eased for

a consj.derable time.? Gnd we intend to show that

through 'these demands an aggressive we.r w~s propcred

['end the demands formed ar.( integral part of the plans

for aggressive war.

IvlR. LOGAN: I fail to sse hew that 'lITould

be material or relevc:~nt, your Honor to either Counts

1, 47 5, 14 and 32~ such as they nrs proceeding

under· in this ph2se. Certainly it can't be con--

tended that Japan conducted an aggressive wnr \ --

ngninst Netherlands, whether it v.j[' s formally declt;red

or not, but it certainly is c, ff::lct th8.t Japan never

declared war on the Netherlonds; tho t weI' 'I,hrp.s

declared on J'apan, and what res\l,lted after December


(

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11,78,

8, 1941, c~rtainly cQnnot be considered "S "'n C~ (.t. "

nggressive war, or a crime on the' part of JDpl3.ri.

THE PRESIDENT: Britain's position 'Nns,.

similar. Jc.'pan did not declare vmr ,on Bri tD5n.

Britain declc:u;ed war on Japan, but under whnt cir

cumstances. However, thi~ is developing into an

~rgumen~ on the main points. It has got no real

bearing on tho questioh~f oviderice. The evidence ,

now objected to is tendered o.s evidence of I3.ggrossion

or of mens'ures taken, by J'ap2n 'to insure effective

2ggression. We will hove to consider it in tha~

light •. We ffiey see fit to rE::ject iteve,ntually, but

at the present s·1;f.'.ge 1 don't think we can do so.

MR.. LOGAN: . If the Tribunal please, may I

15 'Just say this, that i'f I recollec,t . correctly your

16 lionor stated on one Occasion that eC'\i)nomic aggression

17,

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was nota crime,.

THE PhE$IDENT: Unl-ess it was associat$d

witP aggrespive w,g,r and directed to the waging of

aggr(,.lssive, wo.r, The econom.ic aggression referred to

on that occC'.sion wa,s tht.t of Amurj.ca ['.nd Britain in

. Chin:., • It was not as socia ted with any war. There

was no suggestion that it was, nor are we trying,

British or Ainericans. If a man is being tr:led for

burglary, it is no answer to say he shouldn't be


1

2

.:-...... . /

tried because there w0sanother burglar who is not

being tried. I don't suggest for one moment there

was anything to take exception to the -- anY'justi-

fication for any exception being iaken to the at-

11,786

I 5

titude of Britain or America i~ China. ,We have I

6 open minds on the responsibility of the accused here. I

7 I MR. LOGAN: I had intended, your Honor, to

8 complete, the statement which you have made to the

9 effect that economic aggression was not a crime when

10 aC90mpanied with aggressive war.

11 THE, PhESIDENT: We cannot associate the

12 evidence offered now with that we have already re-

13 ceived as to the attitude of the Japanese towards \

14 the Dutch East Indies.

15 MR. LOGAN: I had wished, your Honor, to

16. point out the distinction between the former case

17 and the present case. Here we have a case, even if

18 we assume that there, Was economic aggression up to

19 December 8, 1941, from that point on there can be

20 no charge of Cl,h aggressive war on the part of Japan,

21 because --

22 THE PRESIDENT: On the evidence I could

23 give you an answer lasting an hour, but it wouldn't 24 be the time. I have not ruled on your objection, but 25 I do so now. The objection is overruled.


G o 1 d. b f; r , g

B a. 'r t o n

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ll,787

\------------------- .. --- ----------- ---------- --------------------------1

MR. LAVERGE~ For the purposes of the

r~cord, Y00r Honor, we would iike to point out that

the evidence we present relates more especially·to

.... ,'" 1'" t s 1 4 v : ..... .1 •. , J , , 5, 14, and 32, hut is in no way rest.ricte

to those counts.

I continue rea~irtg from exhibit 1309A, at

the top of page 8:

"On Mav 20, ':i'oreign Minister ARITA handed the

followin~' note to the Netherlands Minist.er in Tokyo:

if 'Note handed to the Netherlands Minister in

Pabst) by the Japanese"F"Jreign

_mil.' " ~. ~ :u-;,J,S r:;r '} 1"1". ARITA, on the twsntieth of MaY j 1940.

"'I hav:::, t.be >onour to refer to mv converso.tion

with Your Excellency on the 16th May concerning the

lroducts of the I'ietherlands Ee.st Indies, in the

course of which you informed me th~t you had received

a -:-elegr2D fro': the Governor-General of the Nether-18

lands Ee.st Indies to the effect that. t.he Govel'nment-19

20 General of t.he Netherlands East Indies had no intentio

21 of placing any restrictions in future on the exportet.i n

22 to Japan of mineral oil, tin, rubber and other raw

23 ma~erials which are of vital importance to Japan,

24 B.nd that, it. was the desire of the same Government-

~ General to maintain the general economic relations

J2.pan t'l1d the NetherlanCl_s East Indies as clo~.~1


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11,788

as ever.

11 'Wh:U .. e informing Your Excellency that the

Japenese Government fully appreciate the communi

cation of the Govc?rnm'ent-General of the Netherlands

East Indies, I ~ish to point out that, in addition

to I,Jiner2l oi19 tin 2nd rubber, there are many other

kinds of commodities hitherto imported into JaDan

from the Netherlands East Indies ~hich are of vital

importance to this country_

it'It is q the~~;efore" r0(1u28 ted the t the Government-

General of the Netherlands East Indies would ~ive

a d:,,~fini tc as,su1'8.nce thE!t? for the time being at

least? tho quantities0f the articles enumerated

in the attached list shall be exported to Japan each

year from tbe Netherlands E2,st Indies under any

circumstances thc,t may arise in the future.

" r In view of the abovo-rn'2ntioned t;elegraphic

comDiunication from tho Governor-General of the

netherlands East Indios and the vJide powers with

which he has been vested since the outbreak of hostili-

"'ies between the N3tl-:v:.rlands and Germany (vide Your

Excellency's note addrossed to me tmder date of the

11th May), I shall be grateful if Your Ex~ellency will

be good o1'lough to inform me in vrriting as soon as

I ~)ossiblc th2t the Governor-General of the netherlands

-' ----_._-----------_._--_. __ .. _--_._-----,-- ---"- "---------


11,790,

times, a lack of contact and deliberation should 1

give rise to or protract tensions to the ~etriment 2

of the tradi tj.onal friend]:" reJa.tions v.Jtdch, for 3

4 thr8e centuries, so fortu~etely prevailed bet~een

t:::e Fet~!8rlands and Japan. The Netherland Government 5 !

6 I

ag~ee~ith the Japanese Governme~t on the necessity

7 ! of comb2~ing incorrect re~orts ane misdirected

8 propasanda. T~is aim will be best furthered by

9 cOl1t.ac+'s made in an atmosphere of frankness and

,

I 10 I

! obiectivity.

11 IIIHer Msjest.yfs Govern.rlent see no cause whatso-

L? ever for ssrious concern about the relations between

13 i

i-he NetherJ..ands ane .. Japan and, more particularl't, I

14 I about the relations between the Netbe;:,lanCls Indies

15 I ,

]6 III In this :. ... es pect it ;I'ay serve to recall that

',\7 tbe eco:lomic re12ti rms bet""'een the two countries

18 I were settled on the 0t~ of April 1937 by the so-

In " -" called Hart-ISHIZNVA agreement. On both sides promises

20 I

';Tsre r'~ade? and a nU]';1ber of apportionments 'were agreed

21 tF;On; 1;Jl:ilst on other points and on the subject of '-,') L_L...

l the ap~11cation of the agreement, verbal as well as i

~:;

~ritten negotiations were continuously carried on. 24

Tbrou.gLout tIt.ese deliber9.tinl1s a s'Plri t of good1nil1 ~?5

preeominAted. I may~ for instance, mention that

I - ~.----------.-... -~-- .. ---


,(..,

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IS

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11,791

--- -----_._----------------------------------- - --_ .. _----_ ... _---.-- ---

in 1938 t>e Net.herland Government thought fit to

drcnr the attention of the Je.panese Government to

the fact that the prospects opened by the Hart-

ment of the balance of trade betvveen the Netherlands

Indies and Japan and of Japan's promise to buy,

wb.enever possible, larger quantities of indigenous

products like sugar, still fell far short of their

realization. This step W8S d1ctated by the funda-

mental i:c.1portance of these exports for t.he native

;Jol)ulation. The importation of nany Japanese articles

has its foun.dation in the purchasing power of this

po~cmlation.

IIINotwlthstanding this none to satisfactory

01).tcOYfle for t.he Netherlands Government" my Govern

ment have accepted t.he expla.nation given by the

Japanese ,Government that tbe China Incident. had a

considerable influence on economic conditions in

Japan~ as well as on the fulfillment of this part

of the Hart-ISHIZA~i!}'A agreement. In judging the results

realized throl..1.gh the Hart-ISEIZAWA agreement, th$

Netherland Government have always given due consider-

atio~ to those exigenci~s, which are the inevitable

25

1

consequence of 'war conditions. The Netherland Govern

___ ment) th~!.~!ore, al~~ __ c~~~~n3e_~ __ i!:.~t_~1~~_ :taet that they,


i

"

,. 11,792

----. ------------.------- --_._----_._- .------------ .... -_. -------- --------" ... _-_. __ .. - I

1 too, were forced into war will have the Japanese

2 Government's con$ideration. This state of war

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must, of necessity, have its repercl]'ssions on the

economic situation in the Netherlands Indies.

IItln any case, my Government full understand

that it is imnortant for Japan as well as for the

I"etherlands Indie£' that the commercial relations

bet1.veen. the tvvo countries develop without hindrance.

"'With sttisfaction the Netherlands Government

have taken notice of Your Excellency' statements

concernin~ the importance of maintaining the status

quo without res(":rve. This mutual declaration is

considered the more important, since the maintenance

of the stptus gU? bears closely upon the interest of

t.heir Allies as well as 'J."Oon those of other countries

bordering UDon the PacifiC, as is clearly evidenced

by the statements made by Gl"ea t Bri ta.in, France a.nd

tbe United Sta~es of America.

III It j_s 9 in fact, of great importance for the r.,,1

maintenance of peace in this part of the ~orld that

tbe i)osition of tbe I'ietherlands Indies remain unim-

pah~ed '. 3.nd that this country be able to continue. ~

without interruption to act its Dart as a world-

sup;Jlier of varj_ous raw materials and food 'Droducts 0

111 I !na)T :::O\!J be allo'wed to lSi ve a reply to Your -----------, ._---

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Excellency' on the proposafs cont.s.iri'e-d in the note

of the Japane:,e Minister at The Harne of Februal."Y

2nd 1940, and in t.he above-mentioned memorandum,

as fprtter' ampli fied' by Your Excellenqy's note -~ f-"

,We 1'Jill not read - the fUrther text of thi'S

note. We will retur'h to exl1ibi t l309A presently ~

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----------... -.---.. -----.--~-------~ - ---. ----- - - -- "----- - ---- --~----- ----

W8 introduc,1J in ov1dence Prosecution Document

2137E, a further docur;:mt from Exhibi t 540 for id8nti-1> .-.

ficattrn, bAing a decision of the Liaison Conforento

of 27 July 1940,

TIlE fRE~IDENT: Admitt8d on the usual terms.

CLERK OF THE COURT: Pros()cution documcmt

No. 2137E will receive sxhibit No. 1310.

(':,Theroupon, th.") documcmt above r0-

ferred to was ma~kGd pros~cution's pxhibit

NOb 1310 and received in evidenceol

FR. LAVERGE: 'Ve will now r::ad:~xhibit

Noo 1310~

"Decitii.on of Liaison Conf(:ror:'!c,:? 27 July 1940

/~HOWA 15/

"Gist of !'ktin Points in R:c;gard to Dr~aling

with the f:;ltuation to m(;ot th," Chang r; in V/orld con-

ditions.

I will Skip tho noxt paragraph~

"1. To improv? condition:;; at homo and abroad

to cope with changes in the world situation.

China Incident by promptly strengthening policies

towards CHINA for th~ main purpose 6f pr~vsnting Third

25 Powers from assisting th0 CHIANG regime.

"3. To :iv'tt18th,·, i'"outhorn F-rohlnm within


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th~ li~its so as not to cause a war against a Third

Pow(~,r •

"4. To fulfil espociallv the following

mattcr~ as policies for abo~e thrce clauses.

"(1) To foster a strong political ti:-') vlith

GERFANY and ITALY and to tave active str:ps in th';

adjustment of diplomacy towards the bOVIET UNICN

wh:i.le maintntning a firm front towards the mnTED

fTATE}'.

"(2) To strengthen policies towards FRBNCH

HmO-CHINA, HONGFONG and f?ttlem(mts to check assist-

ancn to'tho CHIANG Rsgime and root out the feoltng

of enmitv towards JAPAN.

"(3) To strcmgthen th8 'diploma tic policy

towards the DUTCH EAST INDIEf-; in order to obtain~im

portant materials.

"(4) To reform the war-time organization

at home.t!

Wo 'will now continue to rr:ad from exhi bi t

13Q9-A, document 2611, reading paragraphs 2 and 3

on pag~ 16 of th2 English text:

liThe .?xchang:' of nob-· s hor,,~ rnla t',~d hed hardly

reached its conclusion wh2n tho Zapanese Government

repeated their proposals for negotiation on a more

comprehensive scale. On the sixteenth of July they

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informed th1 Netherla.nd t'I1ni$b'3r 5.n Tokyo of their

intent~Qn to send a delegation into Batavia for

economic negotiations, under the chairmanship of

Vr. SAKO, formerA mbassador to Poland, and compris

ing a number of assistants, military ~xpprts on war

material_, oil expert~, etc. The Consul:- G onoral ln

Batavia, ~tr. o. s'AITO, a V8r~T aggrr~sslve and oX:!1l"

sionist character, was t~ be includ2~ in the delega-

tion. ,

"If the subject mattpr of the proposed ne-

gotiatiQns r0mained rather hazy, the question of pAr

sonnel was very much in the fo";',£: ,:,ound .. , A ~hange

qf 0ab.ine.t had l,::;d to the elimination of ~Lro SAKO,:,

In his place Jtr,. SA'YAD.t\, former ]\mbassador to Brazil,

was namml;as, chi.efdelcga,te, to be dropped again prei

sently for GenerQl KOISO o G0neral KOlSO, however;

had given an interview to the pro$s' on the third of

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August, in which heh~d stated {n rather violent terms i

that the Netherland regii1te tad always been most op-

pressive towards the indlgenous populatton of the

Indi8s; he could not, in the view of tht3 Netherland

Government, bl?acceptableas a delegate without at "

least a public retraction or denial of that statc:;ment.

""mile this que stion VIla;5 sti.ll hanging fire,

the Japanese G;overnment suddonly, on thr.> twonty-

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---- ---------------------------._._---------------------_.----_ .. _-

sr;v8nth of AugU$t, hended a memorandum to the Neth~')r ..

land lIi.?:ister at Tokyo, begging to inform the Nether

lnnd G overnmc'nt that e special envoy to the Nether

lands Indies had been appointed in the person of Mra

I. KOBAYASHI, Hinister of (1ommerce and Industry in

tho KONOYE C:ibinet. HG would be seconded in his

mission, to establish closer economic relations be

tw(~en tho two countries, by rr. T. OTA,. chirJf of sec

ti.on in the Gainusho, r:md b~T r~r 0 .0. SAlTel, Jnpane88

Bonsul-GJneral in Batavia. They war8 to be accom~

panied by a staff of twent~-four assistants, including

one army, ODO air, and two naval officers. This im-

13 pressivG company was to sail from Koh::-: on August 31."

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jim. LAVE3.GE: We Offer j,n evidence pros

ecntion document 27'48A (2),'beil?-g, alternative drafts

of dernends to be 1'1.ade on th~ Netherlands Indies.

TEE PRESIDE1'TT: ~!dmitted on the usual terms.

CLERK OF THE COPRT: Prosecution I s document

No. 27zt.8A(2) vdl1 receive exhibit No. 1311.

(Whereup,?n,th,edocument above .re!.

ferred to was ~arked prosec~tionts exhibit

No. 1311 and received in evidence.)

1m 0 LAVERGE: As ~:riJ_l be seeIl from the

c'ert!/icate 'for this document, exh:-i,bit .No. 1311,

the date Q,f these drafts W2S tho middle ,af August"

1940.

We 'will now read exhi bi t 1311:

tIDEMAj\)DS AGAnJSTTE"~: DUTCP INDIES ..

It (Proposal No~ '1). I

,u'k. Prop'dlsed PrinCiples.

I

\ ,"1.. TfieTlllperialGoverpJ116Jlt he,s' pl:'eviously sub~

19· mj"t'ted :to the Ne'ther,lands Government our demands 20'

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rdge,rding' the sett~ement or: the important, problems

p/ending between Japan and the Dutch Indies '0 According

to the reply in official corres~oondence d.s,ted 6 June , \.

of· this year; viThich vms made i.n this connection by

the Dutcb ~finister in Tokyo to Foreign Hir..ister ARITA,

it l5 Lmders:tood tbat -the part. regrrc1fng the securing

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1 of the supply of our essentie.l coods has been generally

2 accepted. It is requested that the above s8curity

3 be observed in the future.

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ItEO'weJer, the Netherlands Government still does

not fully understand OL"1..r true intentions in th~

nroblems con.cerning the entrance of Japanese nationals

into the Dutch Indies, an':' enterprises ane: investments

by J,sp?nese na tionals in. the Dutch L'lClies for the

develonment and utilization of its rich resources,

wl-,ich are regarded as of the ut!'10st ir'·"'ortance by

the Japanese Government.

negotiations that the settlement of these ,roblerns

he.s been our national desire for many years. However,

the Neth8rlands GovernF',ent, vd thout the least

friendly considera t.ion :fr01'1 a general and practical

stan(1, point, is still repeating j. ts biased Jegal argu-

ments and the Imperial Government cannot help but

express its g}:'eat disappointment and dissC'tisfnction.

"I·i-, is the desi.re of the Irnperial Gc;'\'ern1nent,

therefore, to expres s fr.::1nkly our op~.nio}ls on tIl.ese

23 lJroblems of entry? enter:)rise and investr,'ent and to

24 seek the profound consideratj.on of 'the Neti1erl8.nds

25 Government.

"2. In tbe first place there is no ques'~~lon but


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that. the present world instability and friction

between nat.ions ("3re caused mainly by un iust distri-

bution of resources due to unreasonable territorial

situations.

"For inst2Dce, in the present VJorld situation,

the:ce 8.re vast undeveloped areas with abundant re-

sources in ons part? and on the other hand, there

2.re not a few n8 tions suffering from laclc of

resources and over-popUlation "'hile possessing vigol"OUS

powers of eyistence. Suc1"" a si tunt:i.on is really

irrational, and unless it is rationalized and put

rigbt there 'Jill be internHtionD.l conflict and no

cause ever to hope for peace between nations.

ttConsequently, in order to prevent the develop-

ment of such a situ~tion, it will be of vital impor-

tance for countries possessing vast un1eveloped terri-

t.ories of rich resources to voluntarily open their

resources to the world? nllow free entri:mce of other

nationals? and abolish all restrictions imposed on

business enterprises and all other econOMic activities.

The Japanese Empire willingly recognizes

tho. t the poliCies t8.1~en in the pas t by tr~e Net.r.erlands

Government toward Dutch Indies have contributed? to

so~e extent 9 to the peace and prosperity of East Asia

by permitting comparatively free and equal economic


11,801

1 activities to all nations alike.

2 IIHowever, it is regrettahle that the policy

3 taken by the Netherlands Government toward the

4 DlJtch Indies in recent years is of the nature of a

5 closed-door policy. The Dutch Indies may be under

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Netherlands control~ but geographically it is situated I

;Hi thin the Co-Prosperity Sphere for the East Asia

races. Accordingly 9 the Netl'"erl:mds should first

open her rich resources in the Dutch Indies to

the races in East Asia and then for the ~Irosperi ty

and '.'Telfare of all mankind.

"In spite of this, the Netherlands Government,

o~ late, has come down heavily on the side of the

interests of the Dutch and other Europeans. EarJy

on she gave vast rights to a fev", nations" geographically

distant from the Dutch Indies, for important enter

prises, especially T!linlng in t:1at country 7 wi thou+'

any desi.re for the prosperity and welfare of ti'l.e

East Asia Co~p rosperi ty- Sphere.

IIIn particular it is not only very unreasonable

for the Netherlands to have chosen a closed-door

,oliey toward Japan, with her great abilities for

e}~plore.tion and development., but it is a neglect of

duty on her part as a member of the East Asia

Co-P'rosperi ty Sphere.1f


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liThe Imperial Government has pointed out this

unreasonableness and has repeatedly asked the Nether

lands Government for reconSideration, but up to the

present we have still been unable to get any results.

The Empire deeply regrets that this has given rise

to a feeling of great dissatisfaction among the

gover~~ent and people of Japan.

IIvli th 'regard to the views menti.oTIed above,

c~nd also in consider2.tion of the internal aff'airs

of the Dutch Indies and ber relations with third

powers, the Imperial Government, for the time being,

hereby suhr::1 ts our sincere and fl~ank deJ11ands. It is

accordingly requested that yo~r side promptly agree

t.o these demands in a broad-minded outlook bas8d on

the tra.di tional friendl '7 rela ticns between JCl.pan and

tho l'Tether1ands. II

THE PRESIDENT: That is a cODv~.nient break.

We will recess for fifte~n minute~.

(Whereupon,at 1045, a recess was

ta.ken until 1100, after wbich the proceedings

'illere resumed 2.S follows:)


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TEE pr.ESIDENT: Mr. Laverge.

1m. LAVERGE: Your Honor, I will continue

to read from exhibit 1311} starting at the top of'

page 4:

"II. Ti"e Problems of Enterprises and In-

vestments.

"(1) New EDterprises.

II Hecently, the Dutch Indies Government by the

issue or revision of various laws or throu'gh policies

other than laws, has reserved for itself almo3t all

of the prospective mir.ing districts for petroleum

~nd other important minerals which we regard as of

the greatest importance. It haG thus not only be

come impossible for the Japanese to obtain these

mining rights, but the transfer of existing mining

rights has also been prohibited.

liOn the other hand, the United States and

Great Britain, prior to the issue at revision of

these laws or the decision of the Government's poli ...

cies, have secured prospective mining districts for

petroleum and other important minerals and are mining

25 on a large scale. Therefore, the Imperial Government

this juncture requests the Dutch Indies Government -----~------- .. _--_. __ .. _---- .---_ .. _--_._----------


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that rf1ining of petroleum nnd vD.rioi.ls ~in~rals,

applications pertaining to mining by Japanese

11,301':

nationals, applications pertaining to the establish-

ment of various new enterprises,other than mining,

and the transfer of present rights held by Japanese

~ationals, all be permitted from the standpoint of

equal opportunitY5 irrespective of the present laws

and government policies.

11M • d t t· moreover, 1n regar 0 new en erpr1ses

by Japanese nationals, free cGrrying out of actual

investigation in areas recognized by the Japanese as

being prospective shall be uermitted even bef8re

proceedings are taken for application as prescribed

in the mining laws or other laws concerned. New

enterprises which we wish to undertake at present

are as follows:

n ( a) Il{ining.

'iprospecting and mining in all the petroleum

mining regions in the Dutch Indies (including govern

ment reserved areas) as desired by the Japanese.

Prospecting and mining of various minerals in all the

prospective mining regions for other minerals in the . .

Dutch Indies (including government reserved areas), as

desired by the Japanese. Applications for mining

rights by those havin~ the right to pro~pect shall be


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granted without fail.

H(b) Other Enterprises.

"The establishment of .air routes between

Japan and the Dutch Indies.

liThe establishment of new navigation routes

bet1J1leen Japan and the Dutch Indies.

liThe laying of submnrine, cables between

Japan and the Dutch Indies.

"Other fishery, forestry, agriculture, /' '.

manufacturing industries, et,c , e.s desired by ,~apan.

"In conrection with the establishment of

new enterprises as (a) and (b), ~entioned above, the

Dutch Indies Government authorities shall give all

possible assistance and cooperation and render every

favour to their investigations .and different prepa-

rations."

I will continue to read from the secoind

paragraph froY.:1 the bottom from page 6 onward:

"III Newspapers

tt (1) Here,tofore, the Dutch Indies I auth-

oritie$ have made it their policy to prevent Zap-

anesefrom running L.alayar and Chinese newspapers.

Japanese frOM now on shall be granted permission

to run them as well as 'Dutch and Chinese.

"( 2) In. the past the general Dutch Indies


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officials and people have had no knowledge of Japan

and the Japanese and there have been many regrettable

features in thei.r attitude townrds Japan~ thus

greatly hampering the friendly relations betwoen the

two countrjcs. :spccially since the spreading of

the war to tho rethcrlands the constant acts of

viol_cnce and ins1'lt cormnittod by the Dutch Indies

officials and people against the Japanese ljving

there, werc' caused by the lack of undcrst2nding

of the intentions of our country and by the ex

tremely orccautionary measures they adopted toward

the Japanese which instigated the general feeling.

On the other hand, tho principal cause can be

attributed to the anti-Japanese attitude of the

Dutch Indies n(:;ivspapCl's, which hDd given rise to

the people's general illwil1 toward the Japanese.

The Imper 1al Government thus demonds ttle thor ough

supervision of these ne~sD3pErs as follows:

lI(a) Newspapers run by the Dutch.

It The anti-Jap[1Dcse attitude is strongest

in the Dutch newspapers, and in suite of th0 fact

that the Dutch papers are in a position to lead

Chinese and lalayan newspapers, they were hardly

ever supsrviscd. They shall be thoroughly

supcrvtsc·d fr om nov) on. II


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neb) J\Tel"lspo::p..:rs run by the Chinose.

"Supervision of the; Chinese p"pers is still

3 1 ukcv:~rr:. Fur t h.:..rm or (;, thc po per s run by the Chincse

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do not .~~lw[\ys represent tho gc;ncrQl public opinio!1

of the Chinese living in the Dutch Indies~ They

e:r c for cibly implr:nting anti··J apnncs e f ,~,eling .s.nd

l~Dding the nnti-J.r:paneso mov(;mont rnd th.:- boycott

of Japanese goods. It is no cxagg~r2tion to S2Y

thnt tho nttitudc of the Dutch Indios nuthorj:~ies h(lS

been tn overlook these fQcts~ On tho other h2nd, tho

Dutch Ind ies [:uthor it ies b[tnnod tho publicnt :;'nn of a

Japrnese P8P[~ when it printed nn articlo in support

of '.:nng Ching--wei, on tho grounds thrt it ins'c igF.'t cd

tho feoling of the Chinese in the Dutch Indios; nnd

they also prohibitod cny import of neVJspapers pub

lished in our occupicd territorios in Chinn, on the

grounds that they wore of rn anti-Chiang tendency.

This discriminating attitude of tho Dutch Indies

authoritios can be said to be pro-Chinese end nnti

J~panese. Thereforc 9 we demand a strict~r super

vision from now on over newspapors run by the

Chinese and olso demand revision of the binsed

att i tude toword our oVJn nm1Jspnpor s" il

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IlDD1ANDS AQ'AINSLDUrr:C,H I~f.ST INDIES

"(The Second Proposf'l)

"A. __ Pr.Q.tl.osed I:rin~iples

11,808

1'1. In the present condition of the world,

there prE: some c{)1.'ntriES ~p!:ich lerve lrrge crets un-

dE:veloped bccruse of insufficient developing ceppci-

tjE:S in spitE: of thEir occ1JY'ying VEst ltnds, v'rich

ere rich in rE:sourccs, rnd on thE other hrnd thEre

exist some countric S pf'ich rre snfferinp from popule-

tion pres.sure pnQ froJrl Ipck of resources tho'lJph thE:Y

beve very rctive productive crprcities. This condi-

tion is well cf'lled unru'sonC'blc indeed, Fna. the prE::-

sfnt Europcrn wrr itself 19, efter rll, nothing but

the outbrcE'k of dissrtisfc:ction on the pert of the

nEwly risen netions rrrinst the old order btsed on

the unreFsonrble rnd unJust distr1bution of tE:'rri-

tories rnd resources.

"2. Well, let us look rt the present condi

tions in Er st 1\8i[': Tv'o or three pO"'erful Europer:n

nrtions heve occupied vest FretS in Erst Asit FS

colonies pnd hf've left the grertEr prrt undeveloped

23 ",lith only the smrller ptrts developed. In spite of

24 this fret, these nrtions rdhere to policius of exclu-

2S ~ion rfPinst the nrtions thrt rre building their coun

trie s in Er st 1\sir. Hm'l€Ver, the /Jc>prnE'se/Errpire


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h~s p, confined territory ~nd poor resources, even

. though it h~s p big popul~tion ~ith e high r~te of

incrc:C'se Fnd excellent exp~nsion povJsrs. On the other

hend, besides Jepen, the trrritorics of the hetions

of Erst Asit, except Th~il['nd, ~r(; now ell utilized

fS colonies, chiefly for the necessities cnd interests

of the sovereign Europecn nations, rnd no opportuni

ties for $~fficiEnt ~dv['nceMent ~nd dEvelop~ent

either politicrlly or economicelly ere given by the

Europctn nrtions to the original people nho ~re kept

in the position of conquered. This is extremely un-

feir.

113. The /Jcprnc>se/Empire is nov.' devoting

itself to the mission of esteblishing a new order in

E~st Asit, and it is the desire of the Jepanese

Empire to contribute for the firm e0t~blishmcnt of

eterntl p8ace of the whOle vl orld by crc['ting ~ reci-18

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procel relationship of supply between the new order

sphere, which is to be orgenized in Europe end Amer

ic[', fnd the self-sufficient ErstAsi~ Co-Prosperity

Sphere centered ['round Jf'pan, Menchurie end Chino,

End including the South Prcific.

"4. Well, es the Dutch Indies is e vpst

~rcr with rich resources within the Erst Asia Co

prospcrit~ Sphere it is quite reasoneble thet its


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resources should be quickly develoPed for thE. sf'ke

of the prosperity rnd welfrre, first of the people

of Erst AsiD, rnd then of the people of the ~orld.

4 liThe government of the Dutch Erst Indies

5 hrs been repf'rding tS of too ?'('crt importrnce the

6 interests of Hollrnders rnd other Europcrns ('nd hps

7 bEen giving scrnt considE.rf'tion to the proAnerity

8 rnd ivelfrre of the Ef'st Asie CO-frospE.rity Sphere,

9 rnd in prrticulrr hrs been rdhering to ~ policy of

LO exclusion f'gf'inst the Jf'prnese, nho hrvc grcf't ex~

11 ploiting rnd devel~ping cf'ppcities. Although the 12

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Imperiel /Japrnese:/ Government hr s dravm Dttention

to the unreflsonrblcness of this rnd hf's repcrtedly

invited considcrrtion of it, there hrve been no re-... suI ts ,rnd the whole Jrprnese netion is no':' grertly.

~issptisfied. The ebove is e mrttcr of deep regret

to the Imperial /Jrpenese/ GOVErnment.

II 5'. In 1 ine 1."'i th fhc p bove vie':.' s, the Im

PE ripl /Jrpenese/ Government, p s the strbilizing

pm'lE:r of Eest .Asic, hereby expresses strairhtfor

v7rrdly to the governmfnt of the Dutch East Indies

its er:rnest desire to forv- I[1.rd the ,establishIrient of

e. ney! order for the sPke of the .F1uturl 1nelfere of

the netions in Eest Asir, rnd requests th~t the

governmEnt of the Dutch Indies tE'ke coopert'ting ~------------------_\


)0..., ;.

11,811

----------------------

1 mcpsures to the above purpose, and produccs hereuith

21 the follovling demr nd s:

"B..:. _________ --=.O.:::u;.:::.r.-.::;:D.:::e.:.;;m:;;,,['.:::.:n:::::d~s __ 3 I 4· "1. roliticrl Questions

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II (1) The Dutch Indies should cut off rel8~

tions ~ith Europe pnd should auidkly toke r pO$ition

p s r member of the Er st Asir Co .. p·rospcri ty Sphere.

" (2) Complete sE:lf-g:ovFrnmcmt by the Indo-

nc sirns should be ollov'cd.

\I (3) The Dutch E~st Indies should conclude

thE: concrete p g:ref InE;nt vIi th the /Jrpf1ne se/ Empire

necessary for self defense in order to mrintein

firmly the perce of the Erst Asir Co-prosperity

Sphere, ~hich includes the ['bove Dutch Indies.

"2. gonomicpl Questions

"(JJ The subjects of the /J['ppnese/ Empire

should be afforded the srme tru' tment [' s the sub,jects

of the Netherlrnds in entering the Dutch Indies, in

living in the Dutch Indies, in protection of persons

and properties, in trrvel, in acquisition of pcrsonel

['nd rc['l estate, in mpnagoment of business rnd enter-

prise s (including ['vir tion) , rnd in pll other mr t.ter s

in connection with nrvirrtion rnd trrdc.

"(2) The govcrnmsnt of tho Dutch Indies

should not only not restrict or prohibit the cxpor-


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11,812

t['tion of foods, especielly those needed by tho

/Jepenese/ Empire, emong the products in the Dutch

Eest Indios, but should elsa give frcilities end use

its good offices with regrrd to the exportFtion of

the goods to the /Jeprneso/ Empire."


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11,813

The Japanese Delegation, headed by Ichizo

LOBAYASHI ~ the r.,,{inister of Commerce, in the Second

KONOYE Cabinet, which was·then in office, arrived

in the Netherlands Indies toward the middle of September,

1940.

fYe offer in evidence prosecution document

2748-A,(6) , being a telegram from the Japanese envoy

in Batavia, to his colleague, Foreign Einister MATSUOKA.

The telegram is date 13 September, 1940.

THE PRIt.;SIDENT~ Admitted on the usual terms.

CLBRK OF TEE COURTg Prosecution's document

No. 2748-A,(6) will be given exhibit No. 1312.

(VThereupon, the document above re

ferred to was marked prosecution's exhibit

No. 1312 and received in evidenc~.)

Y1I.. LAVERGE: We will now read part of

exhibit No. 1312:

HShowa 15/1940/

"Received A .. M. 14th Sept. Foreign Ministry

IIDespatched P.M. 13th Sept. Batavia

II/To:/ Foreign Minister MATSUOKA

It/Fromg/ Representative KOBAYASHI

"Conference No. 9 (Top Secret)

I, At my intervi~w with the Governor-General

already referred to in telegram re conference No.5,


11,814

1 I gain2d the impression tha.t hu was concerned with

2 diplomatic formulas only.

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II\J\Then I hinted at the exis tencs of d iscrimin-

atory treatment toward Japan, he argued strongly that

this had not been the fact in the Dast and stDt~d - , that in the future thdy would as befere treat each

country on a fair basis, and had no intention of practic

ing discriminatory tr8atment. The Governor-Gtmeral

clo'es not ruc::lize that thoJ present situation is so

serious thc.t if he rE)mains so old fashioned as to be

concerned with diplomatic formulas only, the existence

of tile Dutch EELst Indh~s will bG in danger, end he can

not keep pace with the changing situation. He openly

tried to do his utmost to 0vade political problems.

He envinced not the slightest sign of fervor to try

to sound out the true; intention of the Japanese

Gov8rnml;mt towL'rds the Dutch Ee.st Indies. Inasmuch

2S he does not understand our real idea of friendly

relations betwoen tho two countries, it is of no use

for us to continuG the negotiations further with such

a GovernQT',..General. It has made me feel that I have

23 come all this way in vain."

24 "Te introduce in evidence prosecution document

I

~ 2748-11.(8), being a telegram disu2tched by the Japanese

envoy in Batavia, Commerce Hinister KOBAYASHI, tOJ


11,815

( ----------------------~------~~-------------------------

1 Foreign IlllinistE-)r MAT::mOKA 7 dated 18 October 1940.

2 THE PRESIDENT: Mr. Laverge, do you know

3 vvhere this document, exhibit 1311, "Dema.nds against

4 tb:: Dutch Indies ," was found? There is no certificate,

5 as fur as we can See,

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Nffi. LAVERGE~ Your Honor, a certificate

for 311 the documents, No. 2748, W8.S introduced

yesterday and r0c0ived exhibit 1302. The document in

question ';'8S found in the Foreign Ministry.

TrlE PRESIDENT: Mr. Levin.

l':1R. LEVIN: I was inquiring as to th~3 d.::te

of Mr. Lav0rge. I em advisGd ti.ict the date aryn·jars

on the certificate~ not on the document itself, Mr.

President -- in August, 1940.

Tl~~ PRESIDENT ~ For convenience, state

the date 5 Mr. Lr:verge ..

MR. BROOKS: 14th of August, 1940 is shown 18

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by exhibit 1301, your Honor. I have the document in

my hand. --~- .......

THE PRBSIDENT~ This is the first time it

will 2Dpclar in the transcri~t.

j'·R. BROOKS ~ I understand, your Honor, that

this certificClte was in exhibit 1301, that the items

in parentheses there bear relation to the prosecu

tion's document trumber J for instance 2748A(2),'


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the cc:rtificate is in \I (2)11 of docU1U8nt 1301.

THE PHESIDENT~ 1311, is it not?

NiB. BROOKS! 1311 is 2748A(2), and that is

rl'f8rred to in the cdrtifica te, exhibit 1301 in 11(2),

Dumt'nds on the N. E. I. ,II page 190

I wanted to approach the l8ctern at this

timi3 to object to t h8 form of the certificate that

is used herG in 8xhibit 1301 for these documents

as not really tieing in close enn ugl1 th8 document

whsn it is nrt:s0nted iitl!, the certificate. There

is no ref(;)rence -- we 'ivai ted to see Ul1.til the docu-

m(;)nt was introduced. There is no reference in the

document to this certificate', 2.nd the only reference

is from this cBrtific2te by this code number, as I

havu just pointed out to the Court, and this parentl1esis

being attached to t118 later documents.

THE PRESIDENT~ 1301 is alree.dy admitted.

It was admitted yestorday.

Ifill. BROOKS: Yes, sir. But, your Honor

'will notice tl1ere is no reference in t:he certificnte

1301 to this document by itsotl1er prosecution document

THE; Thet is sufficient.

~m. BROOKS ~ The thought I :had was it was

vi;ory weak identification at the most. I.


11,817

1 THE PRESIDENT; The number. is sUfficient.

2 The nb jdction is overruled.

3 The document last tendered is admitted on

4 the usual t8rms.

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CLLK: OF TfJII.; COlJ"RT: Prosecution's document

No. 2748A(8) will r(;;)cuive exhibit No. 1313.

(VTh8reupon, the docum(;:?nt above 1'8 ...


1313:

No. 1313 and received in dvidenco.)

LBo LAVERGE: Pe shall now ree.d (;;)xhibit

IISHOV!A 15/1940.

"Disp3.tched: BATAVIA, October 18, P. M.

lfAr1'ived: This office, October 18, night.

"To Foruign IIUnister MATSUOKA.

ItFrom Delegate KOBAYPSHI.

"Parley No. 82 ("'i1'8 of Requc;st).

liTo thd Vice-Minister of the DenartmGnt

of OVersea ,Aff2.irs, from KAVJAHOTO.

"l. In (::stablishing the Greater East Asia

Co-ProspE:,:rity Sphere under the leadership of the Em

pire when viewed from every possible angle, the need

of placing the Netherlands Indies within the Sphere~

is very urgent. Envoy KOBAYASHI, his staff, and

those JapanGS(;3 who wdnt there D.nd observed the said l ----------------..


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11,,818

place are all of the same opinion.' However, in order

to accomplish this, it is necessary to ndminister a ,

policy in such~a way QS to deeply implant our economic

pow~rs in the Netherlanas Indies. In carrying out this

policy~ the Department of Overseas Affairs must at

l\~E~st plnn the materialization of verious items re-

/' quested for in the budget for the next fiscnl year.

"Especially such items as the comnlete

equipment of overseas organizations, the establish-

ment of TAlCONANJUKU (T. N. probably it is a sort of _

trniningcenter for the knowledge of Southern Region/,

tho cultiv~tion of facilities for enlightening both

Japanese subjects and people of the Dutch Indies,

(includes secret funds) are, -we cons ider, matters of

urgen~y wtdch cannot be neglected even for a day.

In this regard, it is re(~uested the.t you kindly ~

give your special consideration in regard to ful-

filling these requiremt:mts. It is i'urtherr:ore con-. -

sidered that matters in connection with other eX-

ponditures too can be executed within the next

fisenl yec:r.

112. As regards thl:~ above, plee,se refer

to Telegr2m No. 66 which was sent by Envoy KOBA

YASHI to the Foreign Minister.

"3. Opinions reg,:-:rding dete.ils will be l --------------------


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roporto,d to you by letter."

The.: most pressing Jc,panese need was fbr the

acquitement of a great quantity of oil~ and the first \

der(;ands made were for this lJroduct, and for the 'ac

quisition of oil fields, as will be shown in the next

few documents.

i~re offer in evidence 'Or osecuticm document

2748-A ,(18); being a telegram from Tokyo to Batavia

dated 3 September 1940.

THE PRESIDENT~ Mr. Coleo

Tvffi. COLE i Mr. Cole ~ for the accused rvWTO.

TEE PRL:EIDENT ~'" Yes.

1m. COLEb I have an objection to the admis-

sion af this document with particular reference to

tt,;.~ final paragraph. ~

It reads as follows:

",please convey the contents of this telegram " ,

to Major NAKASUJI as it is (also) from the Chief of

the Bureau of Military Affairs. 1t

Evidence already in the record shows that

there is a Chief of the Bureau of lVIilitary Affairs

in both the Navy and VITaI' Minis tries. \':i th reference

to the rank and the branch of service of this man

NAKASUJI the language arbitration board advises me that

the word? 11 shasa," iphich a.r)1')ears in the Japane se

original is translated either liMa jor ll ()r "Lieutenant , §


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11,820

Commander 0 II

THE PRESIDENTg That is not a ground of

object::1.on, 1llr. Coleo It is only a matter which you

might point out.

MR. COLE~ My contention, sir., is that the

prosecution should make clear ',;vl::\.at their claim is

wi th regard to which Chief of v\ hich Bureau is referred

to, othervvise it becomes irl'e~Levant to the charge

against any particular accuse"

THE PRESIDLNT~ Can you help, Mr. Laverge?

1m 0 1AVERGE: Your !{onor, there' is no way

of telling if tt"l1s should be til~a jor" or "Lieutenant

Commander." 1'1e have no further j.nformation on the

1:) erson refer""ed to? NAKASUJI? an'J i.'ha t branch of the

service he ViaS in.

THE PRE;:.:IDENT~ Well, u~ltil y'u get it, it

is not evidence ah~ainst the accm;ed vvho Vias sl..1.pnosed

to have held that office at the ti.ms, but the rest of

the document is admitted the whole document is

admitted but until you can conn8ct it up, the last

paragraph, \Jith one of the accused, of course, it is

not evidence. It is admitt(::d on the usual terms, sub-

ject to what I said.

CLERK OF THE COURT~ Prosecutionfs' doc~~ent

No. 2748-A (18) will receive exhibit No. 1314.


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11,821

CJ'hur~Ul)On, the document above

referred to ~as marked prosecution's exhibit


MR. LAVERGE ~ ~i.Te ,:"ill nmv read exhibit

llCod8 No. 29449 dispatch80. 1940, September

3 at 9 :40 p.m. (By order of) Foreign 1,iinister 1.:ATSUOKA.

liTo; CCfl3ul-Ge:mera::!.. SAITO at Be tavia •

llCoDc()rning the 1')urchase of N(9thorlands

India Oil Production in co:r:nd~tion wi tL :~le'Dly Tele-

gram No. 3 ;:~ 5 '. . i:From ~ rl1(;; Chief of the FUt::l Sot: trol

B08:r.G. to r,~UKAI,

"lst) As it was stated in thd r6ply

telegram mt::ntioncd above? the nc cotia tions concE:;;rned

v,ith the '0urcho.sl: of the 05.1 should be dcme by us,

but intention is that the on-the-spot negotiations

be carridd out in accordance viii th our instructi011s.

"2nd) We have instructed all th0 home

offices to tell tb.0ir broksrs not to disturb unity

23 during your negotiations 0 Therefore, please guide

24 I them in accordance with this.

25 113rd) You must emphasize the acquisition

of the oil fields, 2nd such negotiations, as a general -------------------------~-. -.---.. --.----~-----


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rule, should be carried out vIi th Nctherlcmd Ind ian

Govi:;lrnmcnt d:".;:'ectly. Strictly observe all hind.rance

attempts by Britain and America. 'We cannot guarantee

that the Ncther1ands Indies 'Will not lay stress on

the oil pD~chase intentionally in order to refuse

our acquisition of .oil fields which is our main

purpose~ Therefore, it is desirable that you clearly

distinguish from the start the acquisition of oil

fields and the purchase of oil. II

I villI not read the rest of the telegram,

in view of what your Honor said.

We offer indvic.ence prosecution docum8nt

2748-A (19), a telegram from Japan8se Commerce

Minister KOBAYASHI in Batavia to Foreign Minister

MATSUOKA in Tokyo, dated 18 September 1940.

THE PRESIDENT ~ ACImi t ted on t he usual terms.

CLERK OF TIrE COURT ~ Prosecution's document

No. 2748-A (19) will receive exhibit No. 1315.

(ythereupon, the document above

referred to was marked prosecution's exhibit


IvIR.. LAVERGE~ we will novv read exhibit 1315:

111940. (Code), Sent from Batavia p.m.

----------------__ 1


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11,823

Reprdsentative IWBAYASHI. Communication No. 21 a.

liAs Japan at this juncture has a pressing

need to buy 3,150,000 tons of Dutch East Indies

petroleum, and the negotiations in Tokyo are at a

ste.ndstill, I am h<:;reby requc;sting you ,to let NUKAI

carryon the nE:! gotia tions her!:-;, and, to s('md an answer

by tE:!legram to this effect one way or the othero

!lThey may have some misgivings on the

possible influence of negotiations her(~ on the

'PotrolelJIfl enterprises nroblem, but th(,;se misgivings

would be exactly the sam!:}, whuth(3r the negotiations

for 11urcr..asing pf:;troleuM were held at Tokyo or at

your Dlace, and "\Nhat is mOrfJ <, Yig. have no misgivings

a bout their being at Y-c:L1J...t place.

Ii Li:oreover, if the negotiations for purchas

ing 3,000,000 nc1d tons 'did not succeed, failure in

Tokyo v,~ould be no more th..an just a failure in cornmer-

cial nragotiations, involvinG no ;jolitical repercussions

19 whatever. It is also thought that their sudden pro-

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posals at this junctura on tho petroleum problem in

Tokyo is an anticipatory move by the other party in

consideration of the above pointo

"On the other hand, in the event of the

negotiations being carried on here, their failure

would only mean that world opinj.on in view of Japan t s


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present "Oosition in the petro1uum lJroblem v70uld charge

t,;".~ Dutch East Indies 'with moral responsibility for

the failure of the negotiations; in consideration of

i hich it is expected tha t the Dutch Indies would also

make efforts for their success.

"A>";ain, in any negotiations on the petroleum

enternrises "Oroblem, faj,lure to make tllis -getro1eum

purchase could be utilized to browbeat the Dutch

East Indies on the enterprises ~)roblem. L1oreover,

the fact of th(;] direct participation of the Dutch

Indies Government in the petroleum purchase problem

can also be utilized for our manelJ.vers to 'make them

sell over to us the st0cks of Dutch Indies petroleum

companies on the grounds of 'Purchasing petroleum.

I'Judging from our present situation, the

actual securing of the purchase is not the time to

talk about the nroblem of a higher or a lovwr price,

and so it would be more advantageous to let MUKAI

. ne gotia te here as th8 sole representa ti ve of the

interests of all Japanese petroleum business men.

ttTransf0r of the negotiations from Tokyo

to here, however, is expected to involve a certain

loss of time. Nevertheless, i~';hen v-Je cons id er tha t the

negotiations in Toltyo are being nro10nged owing to

instructions from the Government here, this loss of


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11,825

time cannot be thought of as a real loss.

"For the above reas nns, if th8 ne gotia tions

in Tokyo are at pr~sent at a standstill I hope they

may be transferred here.

"This matter has been ~iven the positive

approval of the Army and Navy parties now on their

1:vay h~re ~ of 1'IUKAI and of everyone else concern€d."


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11,826

To. show the course of negotiations in

Batavia, we will now read further parts from exhibit

. 1309A starting at the top of page 17 of the English

text:

"JQint statement of the two delegations,

dated October 16, 1940.

"The Japanese and Netherland delegations

came together at Selabintanah near Soekaboemi from

14th till 16th October 1940 under the chairmanship

of their Excellencies Ministers KOBAYASHI· and van

Mook.

"During several meetings ~nd personal talks

the general relations between Japan and the Nether

lands Indies were discussed. In these 6iscussions

due attention was given to the effect of the

recent pact between Japan, Germany and Italy on the

relations with the Netherlands Indies. The Japan

ese delegation in this respect officially expressed

their opinion as follows:

!!'In spite of the tripartite treaty re

cently concluded among Japan, Germany and Italy, the

strong desire of Japan for the m.aintenance and pro

motion of the friendly relations between Japan and

the Netherlands Indies 1s not affected in the least.

All that is wished for by Japan is co ... existence and


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----- ..... -...... -----.--.-------------.. - ... -----~-----.-- .... ----.. --.---.~~-

co-prosperity with neighbouring countries.' The

Netherland delegation c~uld apnreciate this point

of view.

"Amongst the other points which came into

discussion the most prominent item was the oil

problem. Elaborate explanations of the oil situa

tiori in the Netherlands Indies were given by the

Netherland delegation and the chief of the Nether

lands Indies ]\janing Bureau who was also present.

"The delegations are to continue the

neg0tiations in Batavia en the understanding that

the complete scope of subjects will come into dis

cussion in the ~ar future.

"The delegations were pleased that the

negptiations were c~nducted in the most friendly

atmosphere."

I continue to read:

"The Netherland delegation took the posi

tion that, although Japanrs accession to the Tri

pa] , . ~e Pact could not but raise serious misgivings

in a country at war with Germany, it ~Nas prepared

to continue neg0tiations on the understanding that

Japan had no hostile intentions towards and did n~t

claim leadership over the Netherlands Indies. It

kept urging the submissio~ bv the Japanese of a


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. 11,928

full statG~ent of the points to be discussec, but

saw no objection to treating the watter of oil pur

chases separately. These purchases were mainly a

matter of agreement between the Japanese buyers and

the oil-producing companies, and as both parties

were represented in Batavia, the contact -- for

which the Netherland delegation would be pleased

to lend its good offices -- would be 5a8Y.

If In the meantime the Japanese demancs 1rJith

regard to the purchase of minGraloil and oil prod-

ucts had gradually become more defined. About a

week after the opening conference, the following

specification was produced, enumerating Japan's ,

annual minimum requirements -- over and above the

regular sales made by the companies and allowed by

the Japanese government -- of Netherlands 1n01e8

oil in tons of 2,240 pounds.

"lG Crude nil

. (a) Aviation crude (b) Crude oil for

lubricants (c) Other

"2. Aviation spirit (over 87 octane)

1t3. Diesel oil tiTotal

1,100,000 tons

100,000 tons 1,050,000 tons

400,000 tons 500 ~ 000_.t.Qrlli.

3,150,000 tons

"It ,:vas, in part erro:1eously, contended

that contracts bad already been agreed upon for the

delivery of 120,000 tons of avi&tion crude, 792,000


11,829

1 tons of other crudes~ 2nd 100,000 tons of aviation

2 spirit. to 00 delivered per annum. A five-year

3 guarantee of the Netherlands Indies government was

4 demanded that these minimum requirements should be

5 regularly fulfilled."

~ We continue to read from the top of page

7 19 of exhibit 1309A:

8 "Suddenly, tw® days after the acceptance of

9 these proposals, Mr. KOBAYASHI announced his recall

10 on the twentieth of October, and left on the twenty-

11 second. The reason given was alternately" that he

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could no longer be spared in his department, and

that he had to be home for the 2,600th anniversary

of the creation of the Japanese Emuire by the Sun-

Goddess. * * * * * * "Note handea to the Netherland delegation

by the Japanese delegation on October 2l~ 1940:

liThe Japanese delegation has the honour to

express its great appreciation for an elaborate

explanation of petroleum situation contained in the 21

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Note of October 7th of the Netherl~nd delegation.

"The Japanese delegation vlishes to call the

attention of the Netherland delegation to the fact

'~hat after negotiations bet'.'Jeen Mr, r£UKAI and twr.:'!

petroleum companies, the proposals of these - __ J


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companies concerning oil supply to Japan have shown

a very wide difference in quantity as well as in

quality from thos~ of l~'fr .. Mlf.f.AI and it is tc be

emphasized that the propose9 quantity of supply of

aviation gasoline and aviation c rude to Japan, to

-.'Jhich Japan attaches a great importance, is as good

as nil.

lIJ.'he Netherland aelegation, however, is

well aware of the Japanese interest in petroleum

problems and the Japanese delegation would be much

obliged, if the ~etherland delegations ar~ good

en~ugh to do their utmost, in the spirit of mutual

welfare, to comply with the Japanese proposals by

any means liku shifting of trade route, etc.

liThe Japanc"se oelegatlon has the pleasure

to a dd that Japan has also a very big inter,sst i.n

exploitation of oil wells and that the Netherlands

policies on allocating spheres of interests for

existing companies are hardly satisfactory for

Japan.

liThe Japanese delegation is very much

desirous to acquire rights of access to the t8rri

tories now in exploration or exploitation as well

as to the Government reserves~

"Mr. MUKA I, hQ1"lever, is ready to enter


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11,831

at once into negotiations Bith Buthoriti3s concerned

about the Government reserve areas in th~ 8bove-

mentioned Note of the Nether1'":llla delegation,,"

I continue to read:

"Letters aadressed to the-chairman.of the

Neth(~r1i'md delegation by Mr. To MUKAI en Octobr3r

Ill.. Re OIL TKCGITO:nZS

1I1;:ith reference to your memoranautr.. dated

the 7th inst. (item No.5), 8nd the subsequent

conversation exchangsa during the interview be-

tween delngates of the Netherland Indi~s and J2uan,

I am given to underst3nd that the unaermentionod

districts ant areas, which you have not yet cpm-

mitted to ~ny other party or parties, will be con-

sidered as an interest for Japan:

"Borneo -- the districts of Ka1iorang ::lna Kootai ab:;;ut 1,300 ,000 ha

"Celebes .. - the district op-posite to the Pelang Island about 163,000 ha

"Dutch Nmv Guinea: Northeastern shor,sland about 1,200,000 ha Middle-29.sCern interior about 3,500'jOOO hn Southeastern shoroland about 9)000,000 ha

" Aroa Archipel:tg(." southeast to Lutch Ne':il Cuinea abcut 850,000 ha

"Schouten Ar{~hi.pe18gc, north-east to Dutch New Guinca about __ -.l"iO , 000 ha

"Total 16,363,000 ha


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"As Japan is desirous to carryon explora-

tions and exploitations in future in the entire

dimensions of the aoeve districts upon completion

of the g3ner~1 geological examinations, I shall be

obliged by your acknowledgment of the whole of

these districts as Japants sphere of interest, snd

the necessary steps acc~rding. to your Mining law

will be taken :tn du,; course in a ccordance with your

suggestions.

"Furthermore, in vievl1 of the rapid increa 58

in the demand of petroleum in Japan, I would like

to expr~ss the strong desire of Japan that the

f~llcwing areas will be assigned to the Japaneso

int~rests in addition to the above-mentioned areas:

" 1.

"2.

Borneo: An area opposite t) the Tarakan 1s12n6, north'vara from the 3engaraRiver to tho boundariris of British N(:.irth Born,3o

Sumatra~ An a~ea extending southoast~aras from Mjdan and alnng the Rivor Asahan

"Total ,

abo'lat

about "

400,000 ha

7CO,CCO he ~.lOO,OOO ha

"Your kiQQ considerations to this m3ttor

7vill be much appr,;.~iated and I am qUite c,artain th!3t

Y0ur aCc0ptan~e will servo greatly in promot1ng th8

closer relationship betwoen Netherlands Indi~s and

Japan. " - ______ 1


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"I also beg to mention that J~pan may

consider the capitnl participation of Netherlands

Irdies in these enterprises.

till" Re b\RTICIPATION OF JAPANESE

CLPITAL

"While th,,~ transaction on petroleum be-'

tween Netherl?nds Indies and Japan are in a trend

of a steady increase in the future, it is needless

to say that Japanese oil circles are focussing their

interests on the petroleum of the Nether1rmds

Indies, and consequently they are having ~n

earnest desire to directly exploit the petroleum

resources •.

"You have fully appreciated these cir

cumstances and directing us to achieve Japanfs aim

with y~ur special attention, for which I express

herein my thanks.

"However, with an eye to the furtherance

sf the pr~sperity and friendship of both countries,

I beg to mention that it 1s strongly desired on tho

side of Japan t~ participate in the capital of the

N. V. Noderlandscho Indische Aardolie Maatschappij.

liAs I understand that your gov~rnment hold

a considerqble amQu.nt of sharss in thG aforesaid

undertakings, I hope that your excellency would


r i considGr th,::; n:-lotm.::mt of part of thoso sh8res to

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II In c c so this p:ropos31 of ours be favoured

with your apprc1val, I 7Jculd gr2atly appr;)ciat::: your

informing mo of your terms and conditions,,"

I stop J'o3ding haro ~


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To show that the real purposo of the

Japanese attempt to lease oil territories was the

establishment of military bases in these areas, we

offer in evidence prosecution document 2748-A (20),

being a telegram from Batavia to TO~10 dated 25

October 1940.

THE PRBSIDENT~ Admitted on the usual terms.

CLERK OF THE COU~T~ Prosecution's document

9 No. 2748-A (20) will re6eive exhibit No. 1316.

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1316~

(Whereupon, the document above



I'ill. LAVERGE ~ I,;Te will now read exhib it

,"1940 /Showa 15/ - Batavia to Foreign Office.

lIDispatched: 25 Oct. PM.

"Received: 2 5 Oct. }fig ht.

"From: Delegate SAITO.

liTo: Foreign Minister :MATSUOKA.

"Commercial Negotiation No. 100.

"From SAI'l'O and OTA.

"Referring to our Telegram No. 96 (from

71.;;·.~.·:· to Chief of Fuel Affairs Bureau) we think that

although from the standpoint of an industrialist, it

is most reasonable, it is necessary that further ___ I


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consideration be ~iven on this matter from the

strategical standpoint.

11,836

IINamely, from the entire submission of

applica tion for prospecting in connection vl'i th their

indicated areas, as well as from the numbers of our

technical experts, Vie pr esume that we will all the

more arouse their suspicion, but on our part we think

it necessary that VJe carryon investigation in

rega~d to all the areas and have a great number of

planes and plain clothes ITN: BEN-II troops enter

into these areas, thereby enabling it to become some

sort of strategical base from the !Joint of view of

military operations against the Dutch. For this

reason, unless the vast investigation area is secured,

the foregoing urogram will seem a flimsy excuse to

the Dutch, and in view of the difference being only

from 150 to 200 thousand guilders, we deem it necessary

that the prosoecting rights at least be acquired

over the whole areas proposed by them. Therefore,

please guide the respective offices concerned keeping

the above in mind.

IIFor instance, even lvhen \lve are to decide

on obtaining the prospecting·and mining rights for

two or three districts in each area as suggested in

the :MUKAI plan, it is 0ur desire that our strategical

----.----------


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11,837

standpoint be given consideration in the selection I ' ,

of those districts and guidance be given accordingly.

(end) • II

That one of the reasons for the Japanese

a ttGInpt to acquire rna terials from the Netherlands

Indies was the Japanese !)urpose to aid the German war

effort is shown in court exhibits 597, 631 and 1304,

to which the Tribunal's attention is respectfully

called.

Two initial drafts of demands on the Nether-

lands Indies, dated August 1940~ 'have been received

in evidence as exhibit 1311.

On October 25, 1940 the Japanese Cabinet

decided on a further program aimed at the inclusion

of the Netherlands Indies in the Japanese Co-prosperity

Sphere. Ttiis Cabinet decision is contained in prose

cution document 2l37-G~ a further document from

exhibit 540 for identification, which we now offer

in evidence.

THE PRESIDENT; Admitted on the usual terms.

CLERK OF Trill COuhT~ Prosecution's document

No. 2l37-G will receive exhibit No. 1317.

(WhereuDon, the docurnent above

refer,red to was marked pros c::cution I S exhibit



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,-----------------------------------------------------

HR. LAVERGE~ we will read ex]::ibit 1317=

"Cabinet Decision, 25 October 1940 /Showa

15/ Be Measures for Economic Development of NoE.I.

liThe inevitability of occurences in eco

nomic affairs attendant on thd progress of the Ne~

FTo:cld Ord(:~r ~md the priority of our ~~mpire in the

Netherlands E;ast Indies based on the Tripa_rtitG Pact

betwc:Gn Ja;)an, Gc:rmany Bnd I taly n~jcl;:;ssi hi tes m2king

the N.E.I. a link in th~ Greater East Asia ~conomic

sphere unler Uw leadership of our Lmpire by esta'b

lis hing imn-;'_jdia tdly cl08 e economic relc.1 tions and

dGveloping and utilizing their rich natural re

sources from the general st;:ndpoint of co-eyistence

and co-pros'leri ty in connt,ction iJd th Yilhich the

following measnres must novll be taken~

"I. To stop the! N.E.I. frnm r,.:lyingon

17 the European-Am::Fican Economic Bloc, and to make it

18 take the st~;nd1Joint as beJn£!, a mep1ber of the Greater

19_ Bast AsiC!_ i::conomy.

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112. To remove or mitigate various re

s trictions which at pr(::)sent obstruct the economic

activities of Japanese giving them preference and

freedom in economic activities above others.

113. To propose a joint development of

the N.E.I. so as to secure in the Greater East Asia


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11,839

. "'"--------------------------------------------..

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Sphere the supply of necessary war material needed

by the Empire as far as possible, thus becoming

independent from British /T.N. Second-Chinese

character unreadable/ resources. If necessary, to

lease or purchase suitable islands or territories.

"4. Although we have already received a

guarantee from ~he N.E.I. as to the supply of major

items which are necessary to our Empire, we must

furthermore obtain the l'T.E. I. t S agreement with regard

to an increase in variety and quantities of these

materials. Further, to make every effort for the

realization of ~insti tuting under the Empire r s guidance

the trade control of im~ortant merchandise especially

14 tin, rubber, quinine and others, over which the

15 .N.~.I. have a world monopoly.

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" 5. To purchase as far as possible those

agricultural products produced in the N.E.I., which

bring profits to the natives and to sti~ulate their

purchasing power in order to translate co-existence

and co-prosperity into reality. For this pur;Jose the

N .R. I. should on their part accede to our del'1and as

far as possible and encourage agriculture.

116. To seek special cooperation of the

N.E.I. in regard to an increase in the export of

Japanese merchandise to· them."


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.' 11,840

"7. With a view to the future establishment

of a great monetary sphere within the Groater East

Asia area under Japanese leadership, efforts shall be

made to make the N.E.I. a link of the sphure also in

r0gard to the establishment of new monetary relations

1,vi th them, but it shall not be aimed to include the 6

N.E.I. itself in the 'Yen' bloc. To strive to place 7

8 the Exchange Control in thG N.E.I. under our guidance.

9 For the time being, every advant age shOl'ld be accorded

10 to the Japanese with regard to the applica ti.on of

Exchange Control in the N.E.I. and at the same time 11

12 N.E.I. banks should establish ' credit I to the Japanese,

13 as well as exert utmost efforts to give other financial

14 facilities to the Japanese.

15 "8. As a means to secure the leading

16 pos ition for the wholG of Greater East Asia vvi th

17 r8gard to traffic and com.rnunica ti.ons, efforts shall

18 be made in establishing the following special rights

19 and interes ts •

20 It (a) The right of coastal trade, the right.

21 of entering unopened ports and the right of administer-

22 ing and us ing port facilities. 23

If (b) The landing 2nd -operating right of 24

submarin~.cables, the right of participating in the 25

management of inland communication enterprises, and


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11,841

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other communication rights.

"(c) The inauguration of regular air

services and the right of instituting air safety

equipment.

"9. In order to build a stable fishery

position in the South we must strive towards in

creasing the number of fishing boats, removal of

r~strictions at ports of import of fish, establishment

of fishery bases, end acquisition of other rights and

interests p~rt~ining to the conducting of the marine

nroduct industry.

"10. To prohibit the establishment of new

rights and inter(jsts of Third Pow~rs in the N.E.I.

and to endeavor to oust those already in existence

likely to obstruct the expansion of our Empire.

"11. To make the N.E.I. institute an

Economic Constructional Corrmission and other suitable

organs in which Japanese will be included and partic

ipate,in forming the N.E.I. domestic and foreign

economic policies and their enforcement, with a view

towards' guiding and strengthening economic collabora

tion with the Empire.

if The N.E.I. shall be r8qt'_ir0dto~onsult

the above-mentioned organs with regard to trade,

finance, taxation, customs duties, economic agreements


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with third countries, enterprises, traffic [md

communications, etc.

11,842

"For the time being, Japanese importers

in the N.E.I. will be made to participat~ in the

Consultative Committee in the Ministry of Economics.

"12.. To demand the strict control of anti

Japanese commentaries by newspapers and other pur

iodicals, nt the same time ensuring freedom to Japan

ese in regard to the publication of neVJspapers.

"13. To demc.nd thJ N.E.T. D.uthorities to

exercise rigid control over Chinese residents assuming

pro-Chiang Kc'd-shek c:md anti-JQpanese atti tudt;;;s.

On the other hand, from a brond viewpoint, to plan

the use of their organization and resources in con~

sideration of their economic position.

1'14. In order to ensure thu economic

development of the Empire, vc.rio1:s measures shall be

rea'1rted to, such ClS inviting influ~ntial natives to

the Empire, or by propagandizing the true aspect of

the Empire and creatfng a proper understanding thereof. 21

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1115. The Economic Policy shall be based

upon the broad vi~v~oint of establishment of the

Greater E~st Asia Co-prosperity Sphere and efforts

shall be mc.de towards exp~nding the int~r8sts of the

Empire in harmony with the nativ8::;.11 ,---_ •. _----_ .•..• ---.. __ .. __ ._. __ . __ .. _-----_ .. _-_ .. -_. __ .. _ ..... _ .. - .... _ .... -._-----


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11,843

THE PRESIDENT ~ VTe will ad journ until half-

past one.

(INhercu90n, at 1200, a recess was

taken. )

.------------------------


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11,844

----------------------.---.--~--.---------.. ----.

AFTERNOON SESSION

The Tribunal mot, pursuant to recess,

at 1330.

MARSHAL OF THE COURT: The International

Military Tribunal for tho Far East is now resumed.

THE PRESIDENT: Mr. LavGrgo.

MR. LAVERGE: The progrr>rn decided on by the

Japaneso Cabinet on 25 October, 1940, exhibit 1317,

was reflocted in a list of demands to the Netherlands

Indies authorities on 16 January 1941, aft8r Commerce

Minister KOBAYASHI had boen roplaced as chief Japanese

delegate to Batavia by former Foreign Ministor

YOSHIZAWA.

We shall read from exhibit 1309-A, starting

at tho top of page 22.

I read:

"In the meantime the Netherland Mlnister had

handed an [I ide ""1!lemoire, on the fifteenth of November,

to Mr. OHASHI, Vice-Minister of Foreign Aff[lirs tn

Tokyo, to drew the attention of the Jananese Govern

ment to the f8~t that the negotiations were 2t a stand

still for lack of subject matter, and to recommend

their discontinuetion. Thj.s was cnswered by a note

verba Ie of November 20, announcing the imminent anpoint

ment of a ne i ;' special envoy who wr:s to instil renewed


11,845

-----------------_._--------------------- . -------------. ---_.,------

activity into the proceedings. On November 28 this 1

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successor turned out to be ~{r. K. YOSHIZA':c'A, member

of the House of Peers end former Minister of Foreign

Affairs. He was due to arrive in Batavia on the

twenty-third of December and wOl1.ld carryon with the

aid of Hr. ISBIZA"'A, the ne'w Consul-General'.

"Memorandum presented by the Japanese dele

gation on January 16, 1941.

"Host of the V2st territories of the Nether

lands Indies, abundant in netural resources, are very

thinly pOJ;:mlcted and still remcdn undeveloped, v\TBiting

for exploitption and develoDment in wide fields. It

is beyond question that the exploitation ~nd the de

velopment of these arers wrnlld bring benefit not only

to the Netherlands Indies but also to Japen and, et

tl'e seme time, would contribute to the welfare of the

'world.

"As [>. matter of fRct, Japan and the NetherIElnds

Indies stand in the relation of economic interdenendence,

the former being geogrE:Dhically si tlwted much nearer

to the latter than c:my other European or American

powers. Accordingly, a greet imnortance should be

stressed upon the necessity of strengthening the eco

nomic re12tions between the two countries. Jap~n is

earnestly desirous of Darticipating in the exploita-


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11,846

tion of the n~turEll resources in the Netherlands Indies,

and of promoting the trade Clnd other economic relDtions

with her. It is Japen's firm conviction that a great

contribution would elso be made towerds the nrosperity

of the Netherlands Indies herself~ if the Netherlands

Indies Government would see their W8Y to meet JapDn t s

desires and f2cilitste the economic activities in the

Netherlands Indies of Japanese nrtionals.

"In the view above-mentioned, the Japanose

Government wish to present the following proposClls to

the Netherlends Indies Government:

"I. THE ENTRY OF JAPA}:'ESE FJ;TIONALS Ji}TD OTHER AFFAIRS

"(1) Modi"fic2tj.on of the restriction on

entry.

"(D) Procedure laid down in the Foreign

Labour Ordinance (Ordonn8ntie Vreendelingonarboid) be

simplified in order to nermi t ent;t'V of the tT8ponese

nation21s, possessing passports issued by the J80anese

Government, up to the maximum number as sti D1.J.leted in

the Netherlands Indies Entry Ordinance (Toelatings

besluit)-- for examnle, 1,633 persons in the year of

1940, with tho exceDtion of the following ceses men

tioned in (b) Clnd (c).

"(b) Permission of entry be gr~nted to

JapEmese m~tionals who C're required for cDrrying on


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11,847

exploitation ~nd development enterprises in Buiten

Gewesten--especielly Sumatre, Borneo and Great East,

where speedy dElvelo')ment can hardly be Elxpected wi th

out tho entry of substantial number of Japanese

nf1tionals.

It (c) Je DC'!nGSO nBtionals who are Dermi tted

to enter for temporary stay, be not included in the

number, mentioned in ([1) above cited.

"(d) Tho ent:ry tax be abolished.

II (2) Eliminsti.o.n of dtfficulti,cs concernj.ng

explorations.

"Any difficulties 'whatever concerning ex

plorations, necessary for cprrying on enterprises and

for other economic activities, be elim:lnDted.

"(3) Freedom of mediccl nr8c+,ice by JaDcmese

doctors.

"Restrictions imposed upon medicBl Dr~ctj.ce

be modified in order thct JapE',nese nc:tionals, who

IJre qualified in JClpen ps doctors (j.ncluding dentists),

may be granted Dermission for their medicel practice

in thEl Netherlands Indies.

11(4) Promotion of r£1tionalization of the

mDnDgement of JaDanese enterprises.

Itv'r-:re Jeppn and the Netherlands Indies joint

enterprises are desired as D form of management of

•


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11,84,8

.•. _----_. __ ... _ .... _----- -_··········--1 enterprises, necessc::ry assi~tDnce be given for the I

I realization of such, c::nd fevourable treatment be I accorded to all Japahese enterprisers in connection

with their making necessary arrangements such as em-

n10yment of intellectual 8S 'well 2S mBnual labourers,

equipments for transnort~tion (railway, harbours, !

ships, !

etc.) and other nec)ded estebllshments. I

"( 5) AllaDTJlicc'tions or requests from JBpe- !

9 nese nationals be trec::ted in friendly spirit.

10 "II. VARIOUS ENTERPRISES

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" (1) Mining.

HPermission for the exploration and/or exoloi

t8tion of various IIlfnernls in the regions (inc} 'lding

the· arees reserved for the ·Government), which c::re de-

sired by Japanese nationals for such purnose, be given

2S promntly and extensively as possible.

"(2) Fishery.

lilt is requested thct the fishing by Japanese

nc::tionals in the territorial waters be permitted,

so far as it does not cause comoetition with the netive

fishery, and -that an increDse in number of fisning

bo['ts, fishermen D.nd employees, necessDry for the

operstions of the tcrritoriol-watcr-fishc;Iy·mentioned

above, ['s well as for that of deep-sea.fi5hery by

Japanese natio11l2"ls, be allowed, and thClt various W~'_~M"~ ____ ''''''~''''''''''''''''_'.''''_' __ ''''' __ '''W'''''. _____ W_-.-__ ~' ____ .. _c __ .. __ _


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11,849

fisheries ~t or neor the fishery bases and such

est[1blishments as necessary for the operntion and the

man[lgement of fl.sheries (fish markets ~ ice-manufectur

ing f[1ctories, cold-storage houses; oil t2nks, factor

ies for mrnufC1ctured goods of fish~ repnir shops for

fishing boats, etc.) be permitted, and th~t the re

striction on import htrbours for fish be abolished,

and th~t the fish caught by the Jaoenese fishermen in

the Netherlands Indies be exe~nted from the import

duties.

"III. TRAFFI C AFD CmT: TI}:;J CATT ON

"(1) Ooening of 2l.r service betv,reen JDpan

2:no the Netherlands Indies.

liThe establishment of a direct air service

between Japan and the Nethe~lands Il!dies by Jananese

planes be permitted and, in connection therewith,

fr:cili ties necessary for wireless communication and

meteorological inform2tion by wireless be rendered to

Japanese aviators.

"(2) Abolition of various restrictions on

J8penese ships.

lI(a) in'ith regard to the coastelI mlvigatlon

already granted to the Japanese nationals by the

Netherlands I ndiE~ s Government, en incre[l se in number

of Jaoanese shins be permitted, and the restrictions


11,85'0

1. on the tonncge and navigable ereos for the Japanese

2 sLips be abolished.

3 "(b) Permission for the coastal ne.vigation

4 be given to Je.Danese ships when necessnry for the

5 operotion of Jeprmese enterprises.

6 n (c) H8rbours ~ of vlhich direct connections

7 . with Japan is desirabl~ for the cromotion of the

8 traffic and trade between JaDan and the Netherlands

9 Indies, be designeted as ODen ports.

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II (d) Formalities concorning the visit of

. Japc:mosc ships to nonopon ports 1 which is necessary

for the shinment of products destined for Japan, be

simplified and dealt vri tIl. as promptly FS possibl'o, and

restrictions on the tonnage of the shtps calling at

nonopon ports be abolished. ,

"(3) Improvement of the means of communica-

tion between Japan and the Netherlands I:dies.

lI(a) In order to establish B stobIe and

highly efficient means of comrnunicetion betvvEen JaDan

and the Netherland~ Indies, consent be given to the

laying of submari.ne c8bles between the two countries

under the Japanese man8gement, which are techni.cally

. most up-to-date.

neb) The prohibition of the use of Jam'nese

language in the telegranhic communicction betwec'n JC:lDan


r ! fnd the Nether18nds Indies be removed. !

"IV. BUSII\iESS REGULATION 2

11,851

I ! I I

"ApplicC'tions by J2pe.nsse m:tione.ls rerc:rding 'I

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the business of warehousing, printing, wcpving, ice

manufrcture, rubber smoking, stc., such PS s'J.bjected

to the Business RegulC'tion OrdinEnce (Bedrijfs

reglcmenteeringsordonnentie) ~ be compli8C) "'i th 2 S fr-r

['S possiblE~

"V. COMI.~ERCE Arm TRADE

"(1) Import quotes for J8pfnesc goods bs

prr8n"'. ed e s mentioned in the list 1."'hich ".Jil1 be rnnexE'd 1.1 t:

12 hereto e

1" J. ~) "(2) JE'p2n is pr(;pered to purchpse the;

14 I NethsrlE'nds 'Indies products c s mE'lltioncc in tho list ,

l' I >"hich vlj.ll bs ennexed hf..:reto.

:: I "(3) Increc SEd percent" ge of import quot" s I

17 be ellottcd to the Jepenesc importers in th~ Nethor-

18 lc:'nds Indies~

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11(4.) The JC'pC'nese importers in the Nethcr

lends Indies be exempted from the oblig[tion to import

the goods of third countries.

"(5) VTith reg2rd to thE Jeprnese goods to

be imported into the Nethfr12nds Indies, friendly

me['SUrES be irkEn regerding the cDstoms teriff ['nd

customs formrlities."


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---. -------------------------- - - -------------

The answer of tho Netherlands authorities

to tho JapClneS3 dOIr.'1nds was prosonted on 3 Feb-

ruary 1941. We 'iJill continue to r03d from exhibit

l309··f. •

"Mo"!lor::mdum pr'esontod by the Nethorlcmd

aelegation on February 3, 1941.

IIIn order to clarify the position of the

Netherlands Indies ~ith regard to the present econo

mic negotiations and to avoid any possible misunder

stan6ings the Netherland delegation would like to

restate briefly the considerations determining the

economic policy of the Netherlands Indies&

tl1Nherens, the improvement:md adjustment of

economic relations nnd the end the increase of mutual

trade with neutral or nonbelligerent countries is

the object of q constant care, exercised in the spirit

of goodwill~ the measures token in this respect must

comply with the follo':Jing principles:

"In the first pl::lce,it must be tgken into

consideration th~t the welfare, the progress 8nd the

emancipation of the population of the Netherlands

Indies Bre the prime objects of the policy of the

Netherland Government. Iij~ensu.res rihich would tend t~

run ,counter to the interests of the inhabitants, or

which would unduly narrOVJ the SCOpE:; of their future


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11,853

development, should,therefore~be obviated.

tlIn the second place,the interests of the

Netherlands Indies demand that the economic relations

with foreign countries sh~ll be maintained on a b2sis

of strict nondiscrimination; that the participqtiQn

cf such countries in the economic growth shall not

disturb. the gradual formation of the Netherlands

Indies as a self-sustaining economic unit within the

larger limits of the Kingaom; and that no preponderance

shall be created of foreign interests in any field ~

economic activity.

"In the third place,it must be observed that,

for the duration of the war in which the Kingd~m of

the Netherlands is involved, it is unav~idable that

tr3de 2nd other economic activities 'nill be subject

to restrictions preventing direct or indirect advan

tage to the enemy or safeguarding the defence of the

Netherlands Indies.

"Furthermore, in so far as the trIO opening

paragraphs of the Japanese d~legation seem to imply,

firstly, that the natural resources of the Netherlands

Indies have been inadequately dE)Veloped 'lnd, secondly,

th'1t the economic relations betvwen Jap2n and the

Netherlands Indies are of such an important and vit~l

nature as to warrant the use of the term


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Il,F54

'interdependence,' the Netherland delegatiori begs to

r~int out that sUch contentions would not seem to '

be subst3ntiated by the facts~

liThe fact that a consider')ble part of the

'so-c3lled BuitengewGsten is sp3rsely populated is

pri~arily accountable, not to Any l~ck of funds,

labour or enterprising spirit, but to the rel~tive

scantiness and the scattered character of their

natural resources. The poor results of sever~l

,agricultural, forestry 9nd mining enterprises, both

domestic and foreign, in this part of the' Neth3rl~nds

Ind ies confirm thl s vie~'V, as is the co se vITi th the

datu, supplied by numerous scientific explorations.

"As a whol(.;, the) ti'etherlands Indies not

only provide pr8ctically all their own food, but in

almos~ every field of agricultural activity, suited

for the tropics~ production has been developed, to such

an extent that restrictions hnd to be imposed to

prevent a permanenc glut in the msrkets of the 20

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2Y

world. IvTin~~r'1"l production is rolctiv·::;ly high, COID-

p$red with mineral reserves, nnd in CRses Bhere the

minerals found ~re of poor quality -- as is the case

with iron ore exploitation w~s nevertheless under

t8kell a s soon as 8 dOIT.o.nd for tlH"; s,::; rnin·:;rnls could be

0xpected to arise."


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rfThis does not mG8n thst there is no rO(lm

for further development. However, QlthoUgh the coopera

tion of bonD fide private foreign capital nnd know

ledge is welcomed within the limits doline~)ted ~bove,

this development should proceed along linOs of

rational economy and should be realized mainly ~ith

the nid ~nd to the benefit of the abund8nt popula-

tion in other p2rts of the Netherlands Indies and

of the fnst increasing number of w9ll-schooled and

well-trained people among them. The fact thot the

number of government-organized ~l~icultur81 emigrants

from Java hnsrancn.'3d the leve'! of 5'),000 persons ::1

year ~ .. md is rapidly in-crans lng shfmld by i tsc.lf c8rry

the conviction that the Netherlands Indies do not

stand. in nGod of immig!'ation from f()reign countries

Clnd th::1t 211 parts of the Bui teng-Env,3st"en, where

cultivation. uf the soil offers some ,3c~:momic prospect,

are necessary for the al18viation of the pressure

of the populntion in J2V3 and else'Nherc:;.

liAs r,~go1r6s the' importance of trade re13tions

between the Netherlands indies and the Japanese

Empire, it should be borne in mind thnt the sh2re

of tho JapnnesG Empire in the total export v31ue of

the Netherl~nds Indies decreased from an 8verage of

4.21% in 1930-32 to an qvorage of 3.74% in 1937-39.~


"It is true th~t the sh'tre of Jap1D in the imports of 1

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the Netherlands Indies was larger, but it should not

be overlookod that these imports were to ~ grent extont

meds possible through the crention of buying power

by exports from the Netherlands Indios to third

countries. II

After Foreign Minist~r MATSUOKA, in his

speech b:;fore the Imperial Diet on 21 January 1941

hnd publicly included the Nether18nds Indies in the

Greater E?st Asia Co-Prosperity Sphere, 6ifficulties

nros:::; in the Neth,-;rlflnds·-Jnp:H18 se negotinticns ('lild

12 made their failuro soem likely, ~s will be sho~n from

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the next four documents~

We offer in evidence prosecution document

2748-A(lO) , being 8 telegr~m from the Jap~nese dele

gote in B:1t:r: ~I i~ to ForGign I-i~inister MATSUOKA, d'i ted

27 Jnnunry 1941.

THE PRESIDENT: Admitted on the usu01 tor~s.

CLERK OF THE COURT: Pros3cution' s document

No. 2748-A(lO) will receive exhibit No. 1318.

(Vlher~mpon, the documGnt 0boVG

referred to W0S marked rrosecution's exhibit

No. 1318, ~nd w~s received in evidence.)

r/ili. LAVERGE: 1~~T::; o;dll nm'! re-:d exhibit 1318.

"Comm,;?rcinl Ncgotia tion #35. J~!nu?ry 27th."


• 11,857

1 "Dosp2tched from Deleg'"1te YOSHIZAWA in

2 BATAVIA to Foreign Minister MATSUOKA.

3 ".A ttent ion: The Vice-Minister of '.~JDr '1nd tho

4 Vice-Chief of the Genernl Staff.

5 lIHARADA's Despatch No.8.

6 "Since then, the tendency of the NETHERLAND

7 EAST INDIES to rely on GREAT BRITAIN '1nd the UNITED

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STATES h')s b2~n increat'5ing more ,~nd mor2. Th-3 defo1t

of the ITALIAN Army in the Mediterrqne3n theatre,

and !J.jj~RJCAN aid to GREAT BRIT!,IN gnd her firm Rtti

tude.:.; tov!E.lrds JAPAN have encouraged the l\TETHERLtNL

EAST Il\i'LIES. ,she is t8king the::') opthdstic vio'Npoint

thnt the objective situ3.tion is devc}loping f8vorably

for the NET1-IERLP.ND EAST INDIES J Furthermor·:3, the

strengtherlin~~ and dovolopment of h0r hor!1o defenc'3s

hav·c; inteu: iC~(~d tho self~,co:'lfidence of the NETEER ...

LAND EAST INLIES~ . Thus, not only is she oomplotely

disreg3rding th0 Empire's East Asia Co-Prosperity 19

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Sphere, but she is further expressi~ her spirit of

opposition on every matter. Therefore,it c')n be con

sidered that unless our Empir~ adopts determined

resolutions or measures not only the progress of

thc;! Japanose-Netherlc:md negotiations, but .'3.1so the

development of Japanese-Netherland rclqtion would

be extr<3mely difficult. '1


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11,,858

"fts to the oetails, Lt. Col. NAKAYAMA who

is re"turning to JAPAN shortly shall make a report."


2631, being a telegram from the Japanese deleg8te in

Batavia to Foreign Minister MATSUOKA, dated

6 February 1941.

THE PRESIDEI~: Admitted on the usual terms.

CLERK CF THE COURT: ProsGcution I S document

No. 2631 will be given exhibit NOe 1319 •

(Whereupon, the document above

referred to was marked prosecution's oxhibit

NQ. 1319, and was received in evidence.)


11,859

1 MR. LAVERGE: i/Te will now reed pErt of

2 exr:i'bit 1319, starting E':t the top of page 1.

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"Despatched: Batavia, Feb. 6, a.m.

"Received ~~inistry, Fr-b. 6, p.m.','

5 The yc~r is 1941.

6 liTo: Foreign Minister MATSUOKA

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From: Cr: ie.f Delegc:' te YOSHIZAwA

11 No • 54-1 (UrgEmt Very Secret

Code)

SUperintendent's

"Your Excel1c'ncy' s recent apE ech bESore the

Diet regsrdinp thc Greater East Asie Co-Prosperity

Sphere, and the answers of your Exce11er.c;}r Clnd other

n~inistc'rs to the intcrpe11Etions of Diet m0.mbers and

the editorial views ~ppe~ring in ncwspepcrs have

given, as you ere already Fware of, a ~reat shock to

both government and private ciro1es here, so that

the local papers a~c daily devoting muct space to dis

cussions of the metter.

liThe discussion thet [.rose during the intcrvimv

2f of OTA end ISHIZ~'~ with R------ on February 5 has been

22 reported in Telegram No. 53. As rC?2rds the erroneous

23 press ~ews sent out by the Domei regarding the inter~

24 view between the Dutch Pinistcr end Vice-Finister

25 OHASHI, steps h:ve been tr:ken for correction. Eow

ever~ QS long as those vie~s are reported as those


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not only of those of privete circles but Elso of

government authorities, even if it is r report of a

neVlS Bfoncy, it is nr,tural thet it srould produce

considerable repercussions here~ I~reover, as dis-

pf'tches continue to r,rrive, as in the past dE:y or

two, to the effect as if doubt were cast upon the

strtus of the Dutch Government, the Dutch authori-

ties here"not satisfied with my stetement alone,

seem to hc::ve caused the Dutch Minister in Tokyo to ~

demand the recognition by Japan of t~e oxile govern-

11,860

ment in London PS tho de jure end 9..£ fa.cto government --of Nethcrlfmds.

lilt is needless to speak E'frcsh of tte cold

attitude of the Netherlands Lest Indies government

authorities towErd Japan in the p~st. If the situa-

tion is let alone, it will,of course,be impossible

to expect much of the present conversat1on. It is

thought thrt c::fter all without resorting to armed

force it would be probably impossible to make .Nether

lends E2St Indies a member of tre East Asia Co-

p~osperity Sphere. For that, however, it is needless 22

to sey thr-t it i,5 imperatj_ve thDt we must first have 23

24 full preprrations for all possible eventurlities (tbe

25 preperE'tions will include not only mil,itery prepcra-

tions but also ~d1ustmehts of the C~inesp Affeir and


, 11,861

1 other international relEtions). If the government

2 hE.s confidence in this regerd, it is no part of mine

3 to say anything.

4 "But in case the government r£s yet no such

5 confidence in itself, we must perforce choose the

6 me~ms of pc[.ceful Economic negoti[~ tion, DOViJt;Ver un-

7 satisfr,ctory thE}t IDc:y be. And thrt is the reesor.., I

8 believe, thEt I have been dispatcted here. If I am

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reAlly ripht in so believirig, it will bc absolutely

necessary thpt the actions of the government end the

speeches of its officials should, I think, conform to

this policy so as to help th~ neroti&tions hero pro

gres s to our [o.v<:mtc' ge as fEr a" pos sible. Ur.fortun

atel~the more recent ~evelopments (in fokyo) cor..not

bE considered to fr·.lI in line with this aim."

we will not reF..d thE' rest of i.t, sir.

The next telcgrE.m from BC't&viE to Tokyo is con

tained in court exhibit 1045. As this pert of exhibit

1045 has not been read, we shall now, with the Tri

bunel's permission, proceed to rCE"d it.

TEE PRESIDENT: Read ·it.

MR. LAVERGE (Roc.ding):

"Betavic. to Foreign Office Cable #3655

"Cr'['rg(' of Southern Aff[l.irs and Treede Depts.

"To Foreign' Minister MATSUOKA from Envoy YOSHIZA1ctA .11


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11,862

"Negotir-_ tion No. 65 (Strictly Confj,dential}

"Cooperntive relrtion between Dutch East Indies

and tho United Str·tes r.ndGrec.t Brit~iin res bE:como

much clos8r rE)cently e.s America's aid to Britain

has become active, and the attitude of tho Dutch

Enst Indies tow~rds Japan is nothing but the reflec

tion of the 8ttitudo of the United St[t8S. It is

difficult to notice such e. distinction between them

as is generally supposed in Japen. America's ettitude

towards Japen is growing worse even without Secretary

Qf St~te HULLJs speech at Congress. Thore is no room

for doubt that the problem of the South Seas, especial

ly of the Dutch Ee,st Ind:Lt·s, is an importrnt cr,use

for Arnerice's plan of e huge E'y.pc:msion of navtl'ships.

It sl-;ould be sEid that thE! recl problem lyinf! 'between

Japan E~nd Americf.. is not China but the Dutch Ef'st

Indies. Reg8rdle9s of the rosult of the Anglo-German

wer, the United Ste:tes will pcrsjstrmtly reg~rd 'with

bostility Japan who has ambitions tow~rds tho South

Sea Islands. On the other hand,the [uthbritiE:s of

Dutch Er:st Indios, consulting treir own intE'rcsts, de

s'irE~ to be in the hands of the United Stptes rf ther .

24 thr1.n JapE.'n. And bos ides, not only [ro they in such

25 a condition thrt thoy cc:m expect positive eid from

both tre United StE.tes and Britain, but Elso think


11, 863

1. thE t not (;V8n GGrmcny 'lJllill Fgree to the Dutch Indies

2 coming under Jepenese 2uthority ES a dependency so

3 C)c,S ily. On the oth r>r rand, in the speech of the

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Jc:pnncs E.~ govc:rnment [,gE ins t the United Str tes and

Dutch Eest Indies there is no consistent underlying

str0ngth, and finally it hr.s given one the impression

thet barking dogs seldom bite; and the Dutch have

bE::gun to undcrrete JGpen·s rC:El pO'INor. Therofore,

it is n~turel for tho Dutch Best Indies to follow

the 2ttitude of the United stetes. At this time,

then, wren the United Stc:.tes is atout to push on

with ~cr oppression ppeinst Japan, it is difficult

to expect C'V8n unsFtisfectory success from tho Dutch-

J2panese nefotiBtio~s. Its bre~king up is only a

oucstion of time. The 2cquiring of those thirteen

items of ncccssr,ry comrnodit~_(s will meet with dif.;..

ficu1 ties. The t is, tho on] ',r moC',ns for JDp£lD to

settle the problem of the Dutch BEst Indies is by

OXOT'cis ing her roc 1 pov l or. '~'j_tbout this determinC:t tion

it will be quite fruitless for Jc:pan to strive to

2cbieve success by peeccful negotirtions, shouting

loudly for the estcblishment of the Greeter Eest

Asie Co-l;>rosperity Sphere under the lecdcrship ·of

Japan."

I will not quote any further.


11,864

3

4 deted 28 March 1941.

5 THE PRESIJ)ENT: Admitted on the usual terms.

6 CLERK or TFE COURT: Prosecution's document

7 No. 2748-p.. (12) will rcC(dve exribit No. 1320.

8 C~'D(;rr:;:l.pon, the docuMent 2~}jOVe

9 referred to W2~ ~rrkod pros~cution's (Y~ibit

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12 "SeriCll No. 10173 - Code - 7 p.m. ~~3 M£.rch 191-_1

13 "To Rcprcscntr'U'I,: ·.{OSEIL"·j\T"A [.t .B~~TAVIA.

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"From F'orE':ign ri"}ist8r KONOYE.

"Items concerni"g tre c::im of fu:t1J.:t's ncgotir_tiors

"Communicrtion iV~). (8; by office cJ:def's code.

"f: e f r rd ing: your telegrem comm'micetion No .. 123:

"Your vi~nf,!point is rcasonrc1e enough thrt for

any sett1cmen~ inte~ded on the problems of entt~y,

cornm~rci21 entrrprisc, etc., our only mcrns are those

given in your tc1cgrrm No. 125. Eu t, C.s you kntnH,

our w~ole nettoD rc::s paid the grcrtost possible atten-

tion to the nCfotir tions on this metter, end if they

end c::t this pt)ir;t witr'out any results, onr n[;tio~,

ins ide thE; cO'lmtry, vd_ll los, [,11 confidence in ~'ur ._--------------------- '---

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11,865'

~ ... -~.~~-~.~--'--- .. ----.~ .. -.--.. -.--

foreign policy, wtilo enemy n~tions outs ids will gein

the impression th2t we ere cosily dealt with and will

intensify all the more their contumely and oppression.

Altogether it would have an enormous politiccl influence

both at home and abrocd.

"A~cording to rell.cble informE tion, there is

some evidence th£t the Netherlands feel embarrassed

by the continued presence of )Our repr(sent£tives ~md

regard it as an anticiprtory measure desipned by Japan

to turn to positive adventrge any ch2ngc in the situ-

ation; vvr&t is morE", they ere trking the eitrE;mely

indifforent attitude thrt the continutnce of the

negotiations is nothing but a waste of time, 2nd in

particular, they frc putting on a superficial show of

setjsfaction v'j -1:)" tbc cooper2tj.ve cctti tude of our

representEtiv8S End Ere content to regrrd it [S a

compromise by Japcm.

flT;f . • d . t",,,, . th . t t· LO'W€:ver, cons] .erlng d' cI'anfe In .0 Sl UE': J.on

after Foreign 1>iinistcr ]·:ATSUOKA I s vis it to Europe ~md

the intention of the Foreign Minister and the Colonial

Finister (8. sympc:thj.zer with Jc.pcm), who ore shortly

to visit your plte!': Efter enlisting Americcm interest,

we must r(~quest you, troublesome e:S it is, to push

25 I pertinccciously our originel demc:nds for the time being,

to direct your main effort to the acquisition of ---~-----~"----- ... -.- .... -.- ... _--------_ .. _---- .... __ . __ ._-------... _ .. _,---------- ... _ ..... _ ..


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11,866

resources, 2nd to pw[it furtb8r developnents in the

situ2tion (decision rescb8d in concert with the

Army) •

"Finc:J.1y, in view of trr imperotive necessity for

the continued presence for ewhile of 'our represents-

t i vcs p lE~e se t eke c[ rr in Cf rrying on tht-: negotie

tions not to fpll into Tbe Netrcrlsnds' pl&n for

getttr,g rid of you"" TP,prC'sEmtc:tives."


M 0

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1de continue reading from exhibit l309-A?

starting at the top of page 29:

ItAlready in the first stage of the con-

11,(1.67

versations ensuing from the related exchange of

memoranda? the l\ietherland delegation had to caution

its Japanese opponents that a Japanese occupation of

southern Indo-China would constitute a military

menace towards the Netherlands Indies of such a

seriousness that it would cancel any agreement

reached in the economic sphere. Between ~arch and

May, 1941, Mr. lVIATSUORA made his European tour and

returned full of admiration for the Axis and. with a

13 Russo-Japanese Neutrality Pact in his pocket.

14 . liAs Japan installed herself ever more firmly

15 in Indo-China and Thailand the potential leak in

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the blockade of Germany widened. The two countries

together produced 130,000 tons of rubber annually

as against a Japanese consumption in past years of

5 0,000 tons; her need for 10,000 tons of tin per

annum was exceeded by at lea~t 50 per cent in the

production of her new sphere of influence.

"Memorandum presented by the Japanese c1elega-

ti0n on fuay l4/22? 1941.

If In reconsideration of the memorandum? 1ffhich

the Japanese delegation p~esented to the Netherland


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11,868

----------.-----.------.--.-.-~-----------,

delE?grtion on 'Che 16th Jenuery, 1941, they herein

pr~"s(nt to the Netherland delegetion the folloV'inr nev'!

proposal: They ""ish to mcke it cleer, ho:tp8ver, thClt

. the Jcpcmese viewpoint expressed in' the prcf'mble of

the eb9ve mentioned mell1orf'ndum is firmly held b:v the

Jepenesc Government."

We ~i11 not rcrdthe detrils of the.Jepcnese

demends.

Thrt Jepcn still refused to give e guarentee

thr t the r£'V17me teriels she '1'f s r ttempting to pcauire

from the Nethcr1ends Indies mould not be re-exported

to Germany is shov.rn in prosecution documf:nt 2748A

(13), p te1E'grpl!1 from Foreign Ministrr NlATSUOKA to

the Jrprnese delegrte in BetC"vie end the Jpprnese

Ambrssadors in the United Strtcs pnd Greet 13rit~)in.

We offer prosecution docu~ent 2748A (13) in

evidence. ,

THE PRESIDENT: Jdmitted on the usue1 terms.

CLERK OF THE COURT: Prosecution's document

No. 2748A (l~) will receive e~hibit No, 1321.

(Whereupon the document c:bove reO.

ferred to wrs mc:rked prosecution1s exhibit

No. 13~1 pnd received in evidence.)

tm. LA VERGE; V'Te "'Jill novT repd pErt of

exhibit 1321, strrting et the top of pcge 1:


11,869

~--~'- ... ----.--------- --------~-----.---.-.-... ----.. -~--. -_._------ .--.

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ItCopy of Telegram. Dispatched by Minister

MATSUOKA at 9:30 p.m., on May 23, 1941 /Showa 16/

liTo Delegate YOSHIZAWA in Batavia,

"Ambassador SHIGEJYlITSU in Great Britain, and

"Ambassador NOMURA in the United states.

IIEe: Acceleration of Negotiations with Dutch

Indies. Urgf3nt:

liOn 22nd I invited Ambassador Craigie and told

him that the negotiations with the Dutch Indies,

through the extreme wholesale concession on our side,

had reached a rappochement when compared with the

former contentions of both sides, but that there

still remained some d.ifficulty about rubber and tin.

In J'une last year, the Dutch Government assured us

that, whatever the situation might be, the

Government would supply Japan with 20,000 tons of

rubber and 3,000 tons of tin, and despite the fact

that we conceded to the said quantities, the Dutch

Indies Government, taking the quantities of rubber

and tin exported by French Indo-China and Thailand

to Japan into conSideration, now asserts that the 22

quantities mentioned above would be still further 23'

deducted, but it must be horne in mlnd that the de-24

mand f~r rubber and tin in our country had become 25

increased. I also explained that, although it is _________ --_____ -----:.~- _,J


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I----·--~- ----- .----.-.-.... .._ ...... - .. _---------

claimed that there is the danger of Japan's sup·

plying Germany with rubber, even by adding the

quantity of rubber expected to be imported from

French Indo-China and Thailand to the 20,000 tons

of rubber which We have demanded of the Dutch Indies~

it would still be far below the total quantity re·

7 quired by us. What country is there in the world

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that would give its own '~lesh to another country

by even going to the extent of cutt~ng its own.

Furthermore, it merely shows the presumptuousness

of the Dutch Indies at the same time constituting an .

act of humiliation to Japan, who is a great power,

to have a small nation like the Dutch Indies demand

of us an assurance that Japan will not re-export to

Germany. We could never give such an assurance.

Should the negotiations by chance, end in rupture

and lead to Delegate YOSHIZAWA's withdrawal, there

is no vouchsafing as regards what a grave situa-

tion may arise not only diplomatically, but also

internally, thereby inciting not only the anti-

Dutch, but also anti-British and anti-American

sentiment to such a degree that this Iv:iinister may

no longer be able to check same as was done in the

past .1'

We will not read the remainder of the _____ ~_--J


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11,871

--------------------------~--,---------------

telegram.

The Netherlands answer to the final Jap

anese proposals was given in a note dated 3 June

1941. We continue to read from exhibit 1309-A,

starting at the middle of page 31:

"Ivlemorandumpresented by the Nethorland

delegation on June 6, 1941.

"Preamble.

"From the memorand8.~ presented by the Jap-

anese economic delegation on hay 14th and 22nd?

1941? the Nethe~land d81ogation have notic3d with

satisfaction that the Japan820 ~~0posals h3ve bgon

modified in several instances a;'-:;er the thorough

discussion of the variou.s points at issue in the course

of the negotiations. 'l'hey value these modifications

as a result of the endeavours of the Japanese dele

gation to adapt the Japanese proposals, .as originally

formulated, to the exigencies of the present abnormal

circumstances, and to meet to a certain extent the

objections raised by the Nethorland delegation on

account of the incompatibility of a number of those

proposals with the principles of economic policy in

the Netherlands Indies.

IfHevertheless the Netherlnncl delegation cannot

but express their regret that tho views of the (


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Japanese Government are still materially at variance

with these principles.

11,872

"In fact the Japanese memorandum of the 14th of

May 1941 states that the J2~panese Government still

firmly hold the vie'lNS expressed in the preamble of

the memorandum of the 16th of January 1941. As these

views were based on a supposed inadequacy in the

development of the m:tural ~:8sources of the Nether

lands Indies nnd an assumed interdependence between

this country and the Japanese Empire, it i~ clear

that their practical application would t~nd to create

a special position for the Japanese interests in the

Netherlands Indies.

"It seems, therefore, appropr ia te to point once

more to the fundamental eoonomic policy of the

Netherland Government in regard to this archipelago,

as set forth in the Netherland memorandum of February

3rd 1941; a policy which involves the furtherance

of welfare, progress and emancipation of its popula

tion, non-discrimination towards friendly foreign

powers and the avoidance of the creation of pre

ponderance of foreign interests in any pnrticulnr

field of activity.

"Apart from these considerations of general

econo~ic policy, the re18tions between the Netherlands


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:::r:.d.':.8S :lnc~ O-;:;}F-T CO:~;I,tr.··j.8:::: IVJST) f,',]' 'f ~--:.o ('xT.'nGiorJ ;f ~.

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• PURL: https://www.legal-tools.org/doc/c220cc/

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Japanese delegate in Batavia to Foreign Minister

MATSUOKA, dated 7 June 1941-

11.,8'l4

THE PRESIDE~T: Admitted on the usual terms.

CLERK OF THE COU"hT: Prosecution's document

No. 2748A (14). will receive exhibit No. 1322.

(WhGreupon~ the document above re

ferred to WG.S marked prosecution's exhibit


MR. LAVlli,GE: We will now read exhibit

10 1322:

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&.m.

.liiATSUOKA

11,875

"1941 /ShoV'lD 16/ 15593 (cipher 'telegr8m)

"Despctched from Brtnvie - June 7,p.m.

"Received nt this /Foreign/ Office - June 8,

"From Deleg2te YOSHIZAWA to Foreign Minister

P<::.rley No. 227 (pET EmbC',ssy's code, Foreign -

'Top Secret)

"Referring to Outgoing C::ble No. 2220

"l. Although, 2S you will be [ble to observe

from the foregoing ccble, the Dutch reDly shows thct

there ere some ~oints where they h8ve ~grced to our

wishes, nevertheless the pros~octs rre not very bright

in regBrd to problems such &S entry into the country,

enterprises end commerce due to their cdhETing to their

. former contentions; in &ddition to which, in regerd

to the question of resources, such as rubber end tin,

E,S well e.s rcgcHding [:mong othc r imDorte:nt commodi tics

to which thE) government /T. N. Jopc::nese/ r:tt2.ches the

greatest importcnce ct present, they /T.N. the Dutch/

Lre stubbornly· persisting in their conditions. More

over, they /the DutQh/ have in fact nt the spme time

decreased the quontities compeTed with the informal

figures submitted hitherto by them /the Dutch

D..uthori ties/.II


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11,876

tlNow thE',t Your Excellency and the Vice-Minister

have lodged u strong protest against the British

Ambcssador and the Dutch Minister, end the Publicity

D£p~rtmcnt as well ~s the newspapers have been carry

ing out an active press campaign, it is ~bsolutely

impossible to [;ccept t~e Dutch reply just c.s it is.

tlEven if we . should , £'t this juncture, demcnd /

the concE::ssion·of 'the Dutch cnd try to continue on

with the negotiations, inr.smuch cs the Dutch'reply I

hove just received was, in addition to having met with

the specinl considcretion of the .Plenary Session by

stu:dying same thsmselves repc[:tedly by inviting 1 MO I

afte.r h,vinc.:- submitted so.me to- tho Indi['r~ Council

for deliberation, also npproved of by the Dutch

governmo,t in London, it is evidont thrt they would

ho longer accept c.ny such demrnd in view of the Dutt~h

side manifesting f\ firm attitude as regards their

unwillingness to discuss metters [!'P.y further.

IlConsequ,cntly, al though it is cons ide-red thE t

the only option left [':5 regr-rds the [,ttitudc· to b,e

&dopt€d by us. would be to, hc.ve our Delegrtion leave

Efter cnnouncing the rupture of the Parley, ,on the

ground thc.t the Dutch reply wes uns[tisfC'lctory, in

such a ctse it i~ Evident that, out of resDcct towards

25, its people, tho Japanese -Governmcnt would hc:ve to.

I --~------~--------~--------------------------------------


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11,877

assume f'. strong Gtti tude towards the: Dutch, fmd the

press wot:ld denounce the Dutch attitude in C'. vehement

tone.

"However, [O.s hDS been duly proved by whet hr.s /

5 occurred in the prist, the Dutc1:l would by no meClns yield

6 to such D threntening gesture. On the contrery,

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,

lI(e) No new petroleum concessions WhDtso

Gver would be senctioncd.

"(b) No 'mortl support' would be given tow~rds

the renewal of the contrect re sale of oil next

November.

Ii (co) No promise wh[tsoever would be given

cIsoon matcriDls other than, petroleum [,nd the sunnly

thereof world bo more 'Dnd more rcstrictt=:d.

fI(d) Cop;ra end pclm oil wO'l7ld be set back to

16 12,000 kilo tons 2nd 960 tons resnectivGly, [:nd it

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would be mc;dc impos;:-ible for the JC'.pnnese f2rms ,:nd

merchBnts to cxnort their products Dnd stocks to

Japan.

l1(e) Jnpcnese doctors would, obviously, be

prohibi ted from cstablis hing their prnctice, cnd thG

restrictions regarding entry into theeountry would be

still further strE:ngthendd.

"(f) No cdvonce notice would be given regard-

25 ing the import[ tion of Jr.pcne:se goods. II


11,878

" ( g) Various mEthods would be resorted to 1

in-order to increcse the pressure upon the business 2

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cnd living of the JDD2nese residents.

lI(h) The attitude of d8pendence on Greet

B'ritcin end the United States w01,ld be strc;ngthcncd

in [1 still more outspoken manner.

"V';C must conseQuontly be nrepcred for the fc::ct

thr't the situntion [~fter the rupture would become VEry

grDve. Not only would it be unfavourable from thE:,

strndpoint of our prestige ':.~ thorne E:nd abroc-;d to Dttempt

c:ny me['.surcs for prolonging the str:y of our' Deleg2tjon,

but ,8s,in such [: case, the Dutch ['uthorities would

most probDbly demc::nd the wi thdrrwc::l of the Delegc ti.on,

end as thE Empire's prestige would become completely

lost i~ the event of the Delegr.tion being thereby forced

to leDve, plerse,'8fter giving the mo..tter your c8reful

[~nd due considerc.~tion, send me your urgent telegrf'nhic

rep-ly [' s regLrds thE? otti tude the, t· I should [' ssuI11e.

"I'aoreover, please note th[~t, if possible, I

intend to return to J.':'tDcn by thE? first ['V[, ilnble

opportuni ty after thE: 29th inst. H

\!~e introduce in evidence prosecution docu-"

mcnt2748A (15), being [;. telegrr,m to the Jr'panese

delegr:te in Brtevio, YOSHIZJWTA, from Foreign li~inister

MATSUOKA, dnted 14 June 1941.


11,879

----------------------------

1 THE PRESIDENT ~ Admitted on th(: usur,l terms.

2 CLERK OJ:i" THE COtiRT: Prosecution's document

3 No. 2748A (15) wi11 be given exhibit No. 1323.

4 . (Whereupon, the d.ocument cbo'lc rcf(:rred

5 to W[:,s merked prosecution's exhibit No. 1-323 ['nd

6 received in evidence.)'

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M3.. LAVERGL: We will now rec:d pDrt of

t:xhibit 1323:

1c1ego.tc

i,r.l;· TCTTOT<~ (, J.:J 1-:. u,-, l.Ui.,

"T01cgrcm No. 22296

"Copy of the Tclegrc:m dcspc::tchcd to

YOSHIZi1,}JA ct Bc:.tev1.[: by Forcdgn M1nist-r

"t 8:15 p.m., 14 June 1941.

"Subject~ Br(oking off of negotir:tions

14. ~:lith the N' th 1 ' I d' . c ar nnas n 18S.

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"(Cipher) Urgent Ho. 147 (H-~ndled in s,:~me

mr nn8r r s director I S COdE:)

IIIn connection with your telegrr,m I conference I

No. 227: the re,ly of the Netherlcnds Indics this

time is so unwcrrrnt[.b1e thr: tit is not only bE'yond

our acccptcnce, but it is also meaningless for us to

continuo the ncgotir:tiGn on the bosis of their reply.

Therefore, thE.: Government in occordencc with your

opinion hLs decided to brepk off the confE:;rcnce [!nd 24

to withdraw you, the dclcgctc, r.nd your whole stnffs." 25'

I will not reod further from the tolcgr~m.


11,880

1

--------------------·-----1 I will now rend the lnst two pnges of exhibit

2 l309J..j st[~rting nenr the top of pr:ge 36;

3 liThe delage-tions met once more, on tho tenth

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of June, c't the request of Mr. Y'tJSHIZAWA. It bccnme

quite cle~r Gt this meeting thrt the J2pcncse wished

to wind up th8ir business. They r:skcd only for c.

number of techniclJl clucldrtions in order to comDlctc

the reDort to their government.

II 'J'he next morning, June 17, 1941, !vIr. YOSHIZAWA

[·.sked for cn rudicncc of the G"overnor Genercl.

It ~ ft th '" 1 ~ 1 l.. 1ff YO,CPri-. IZA,:fTA A er . C USUL .. comn~ men~s, rur. ~ _

opened the discussion by nOint:Lng ')·u·~ thrt thc

Je,pr:ncsc: Government h[d dr['cwn up their 1,:- st propost'ls

in t.n E'xtremely concilictory spJ.ri t, so much so th::·t

they would run grcct risk of general disc:.pprobr:tion

if thE; document were to be published. Ncverthc lEe 5S,

the <-'nswer of the Netherlo.nd dcleg[~tion h: d been wholly \

unsotisfnctory c.nd,thereforc,could not nrovido 2

sufficient basis for on ~greement. He wns instructcd

to :-sk the Governor G..::nerc,l to reconsider thc::t [mswer.

If thr t \:;Jo..s impossible, his govEJrnment hod decided to

discontinue the negotl['tions t.nd to recall their

dalcgrtion. The Governor QancrDl replied that he

c::pprcci<: tGd the cone iIi!:'. tory e.. tti tude 'of the JcY\[:ncsc

G ovornment, but thot the Netherland C'Qvcrnmcnt were


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cc:mdidly convinced that nn c::grccmont could not be

re~ched on the terms proposed. In all sincerity he

11,881

could not see his w~y to suggest 2ny alterctions in the

stendpoint of his government 2S formul.::tod in the lr.:st

5 Ncthcrl~nd msrnorendum. He edded, however, thr.:t in

6 I his judgment the nogotit. tions h[;d not been ['1 together

7 unproductive, r.:lthough no r.:greement h~d cmcnntcd. The

8 respective positions hed been very scrrchin~ly r.:nd

9 I prticntly ['m~lysed, [,nd even if the p[!rtic s could

10 i not ['gree, they hod ct lcr.:st been r.:ble to come to ~

11 better underst['nding of cr ch other.

12

13 thol.1.gh the negotintions h~d brought no cgreemcnt, the

14 Jepnnese Government w8ntcd to see the gcnernl trndc

15 ond economic relations m~intoinod r.:s hitherto. The

16 Governor General concurred. The failure to ~gree W[!S

17 to be expected, 8S the Ncthcrlc:nds Indies could not

18 further extend their E'lrc>c:.dy Vi ry libe rD.l policy, in

19 the mc:mncr recommended by the Jr:p8n(~SC proposols, but

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this fc,ilurc need lorve no unfriendly s8ntiments. The

Nctherlcnd G QVErnment wOlJld be sr:tisficd to continue

mutuc'l rclr tions on the old footing.

'tMr. YOSHIZAWA then produced the drc;ft of

[;' joint communique, which, with [; fow minor amendments,

wes rgrced upon in thc:, following text, to be published

--_ .. _ .... _-----_. __ ._------


11,882

'--- --~--, ----~--~ ~,-----~----~--~-~~----1--------. I! forthvil th ~

2 I IlJoint CommuniquE:

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'.

IIBoth the NethcrlC'nd end the Jrpr.:nese dele

grtions grcrtly regret thr.t the economic ncgotirtion,

which hcs been conducted between them, hcs unfortune:tc-

ly C0IDe to no sctisfoctory result. It is nssdlcss, I hovvevc r, to ['dd thr t the discontinuc,tion of the pre sent II'

ncgotiztion will Iced to no chnngc in the normel

rc;l~- tions between the Nethe rlonds Indic s ,-~nd JuDon." -I The '1'ribunC' 1 , s c.ttE:mtion is respectfully ,

invited to exhibit 635, being r tele~r['m from the

Gcrm['n Ambc;ss[(lor to the Germ('n Fcrc:!..rn ;'\Unister,

do.tcd 21 June 1941, in which the Germ[n Affibcssrdor

reports thrt Forci'b'1. Minister MATSUOKA h2s st['tcd to

him thrt the brccking off of the n'gotio.tions between

Jc.pDn ::nd the N ctherlnnds is defini t(;, orr thr t for

proceeding rgr:inst the Ncthll'l::-:nds Indies cir nnd

nrvc}l boses must be set up in Frtnch Indo-Chino.

The south':Tn pert of French IndO-Chinn vms

occupied in July 1941 2nd r:s c: rEsult 211 Jrpcncsc funds

end rssets in the Nc,thcrlr,nds Indies were fr·ozcn.

We offer for identificction only Prosecution

document 2339, the JCDun YC2r Book for the ycor 1943-

1944.

CLERK OF THE COURT: Prosccut ion's docnmt:;nt

---------~-----~------------'


11,88LL

------.----_._-----_._--------------- - .. _---------_ .. _------

1 further evidence thrt the yee.r was 1941, if your

2 Honor so requires.

3 THr PRFSIDEI>;T ~ It CPP( e.rs in D schedl.'le of

4 dctcs we hEve previously. UnlGss the defcsne object

5 or contest it,wc will trke it to be the 28th of July,

6 1941 ..

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11,885

------_._------------ ----------------------- ----------------------

HR. LAVERGE: Having concluded the intro

duction of evidence concerning the direct rela ti.ons

and negotiations between the Netherlands and Ja~an

in 1940 and 1941, we will present to the Tribunal

a number o~ documents to show how iL preparation

for military operations, Japan had been building

Uy an extensive organization of espionage and fifth

column activity in the Netherlands Indies.

We offer in evidence rrosecution document No.

2613, being an official report by the Bureau of

East Asiatic Af~airs of th8 Netherlands Indies

Government on the organization of the Japanese

Intelligence Service in the Netherlands Indies,

dated 27 October 1941.

_THE }'REt'IDENT: •• dnitted on the usual terms.

CLERK Olil THE COURT~ Prosecutton' s document

No. 2613 will receive exhibit No. 1325.

(Whereupon, the document above re~

ferred to was marked p~osecution's exhibit

No. 1.325 and received in evidence.)

;\ L~R. LAVERGE: We will now read exhibit 1325

starting at the last paragraph on page 1.

"The Japanese Intelligence 8ervice for the

Nr.>therlands Indies con~ists of four organizations

hereinafter referred to tr the letters: F.O.O ~ ,

----------------- ---- - --- --------


11,886

---.--------.---~-~-------------------.- ,. __ .. _--_ .. _---------_._-

1 P.N.O., F.A.O., and O.C.O. These four organizations

2 will be systematically dealt with in turn hereunder:

3 "F • 0.9.

4 liThe most important and extensive organization

5 is the Eoreign Qffice Qrganization, the composition

6 of which is shown in maps F.O.O. 1 and 2.

7 tiThe central points of this organization within

8 the Net llerlands Indie's are the Japanese Consulates

, at I.:anadQ ~, ~r;al{~~r <321, t-'oeraba,ia (221,

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Jgtayt,s. (II), and Medan (2) .. The lines indicate the

svstem whereby intelligence is passed on from places

where there are no Consulates. The numbers refer to

places iNhere Japanese reside, who are known to

supply the Consulates with intelligence (in the

widest 8ense). • • • • • • • • • • • Intelligence is

collected by means of journeys by informants to

~laces where there are Consulates, and ~p official

journeys by Consular Officials. Censorship has

completely eliminated the passing on of intelligence

by mail, which has never been very widely used. 21

"The'red lines A and B mark the route of the 22

23 diplomatic couriers, who travel through the Nether

24 lands Indies at regular intervals. It is noticeable

251 that these couriers generally travel in pairs, and

,_alWayS remain together. They arrive regularly each I I


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month. Prior to the recent restrictions on their

movements, they used also to travel on other than

the reproduced route, which is limited to the places

','vhere there are consulates ~ inte!, alia, to East

Borneo and the Palembang region. These couriers

collect all the intelligence that has been brought

to the ConSUlates. They are often (non-commissioned)

officers of the Army, Navv, or ~tate Police Forces,

which indicates the nature of the intelligence col-

lecteO. Nevertheless, for considerations of exped

iency, they are incorporated into the F.O.D. as

being the safest organization.

"Map F.O.O. (:;1) is complemcmtary to Map F.O.O.

14 (1). The red line AlB again indicates the ~ourier's

15 route, which generally runs from Tokyo over Formosa,

16 IndO-China, Thailand, tingapore, Consulates in the

17 Netherlands Indies, and Palao, or vice versa. In

18 addition to the regular couriers' snrvice the Consu-

19 lates have at their disposal telegraphic code

20 communication for conveying int(=-:lligence to Tokyo;

21 marked as C-lines on map F.O.O. (2). The numbers

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on this map refer to the attached list of Consular

Officials, who are particularlv entrusted with

pspionage and the supplying of intelligence.

"Furthermore, crews (captains) of Japanese mail

1 _______________________________ •


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steamors, tankors, etc., S0rve as supplementary

couriers. In order not to impair the clarity of

map F.O.O. (2), these have not been indicated

tbcreon. • • . . . . . . . • • • • • • 0 • • •

"P.N.O.

11,8.P8

"ThE' I:.alao Naital Q.rganization operates for the

Naval Information ~ervicc at Tokyo, more or less

independently from the l~n1stry of Foreign Affairs.

The important central ~oint of this organization is

Palao, from where instructions are received, and

where intelligence is collectnd. There are indi

cations that i~portant information is passed on to

the military authorities in Formosa through the

IntelligGnce ~ervice at Tokyo. Map PeN.O. is a

diagrammatic representation of this organization.

'.::'he numbers refer' to known agents. t-ome of these

informants, who are paid from Palao, are regularly

recalled to Tokyo and Palao. I,n ToY-yo they always

reside at the Tokyo Hotel, above the Central Station.

I':ost of these agents have permits to reside in the

Netherlands Indies and spend part of the year abroad,

either at Palao or in Japan~

!lIn considering map P.N.O., it should be noted

that it is not imperative for the intelligence

collected to go through Palao. It often reaches

._--"""-----"- '----.- --------------------


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---------------------------------- ------------------------------

Tokyo direct and is pas:::;ed on from there to Palao.

"F.A.O.

liThe third organj~za tion is referred to as the

:!}'ormosa Army Qrganlzation because the important

central point and collecting center lies in Formosa,

and the organization is under military direction.

':'he lines of communication are shown on map F.A.O.,

in which connection it is noticeable that these are

mainly concentrated on the western section of the

Netherlands Indies Archipelago, as contrasted with

the P.N~O. organization dominatej by the Japanese

Na-vy, which gE:nel""9.l1y pays mCl'e c3. c-cention to com

munications in the east of the Netherlands Indies.

liThe r~le that when circumstances require,

intelligence can be sent to Tokyo direct, also

ap~lies to the F.A.O.

lIO.C.O.

liThe Qverseas Q.hinese Qrganization is more

concerned with fifth column activities than the

three above mentioned organizations. Nevertheless,

it serves at the same time as an organization for

the supply of intelligence. To a greater extent than

- in the case of the P.NoO. and F.A.O. dealt with

above, which operate through Japanese agents, the

Consulates (F.O.O.), which with Japanese consular


11,890

r--- ----------

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officials or private Japanese individuals as inter-

rnediaries receive the required information from

Chinese informan ts', from part of the organization.

~he Consulates have very large funds at their dis-

rosal to finance the O.C.O.

"Nap O.C.O. i_ndicates the intelligence service

of Wang Ching Wei agents. The circles A, B, C, D,

and E with the Consulates as centers, represent a

number of Vlang Ching Wei agents dispersed over the

whole of the Netherlands Indies. • • • • The

impression is given that the Japanese Consulate-Gen-

era I at Batavia acts as a receiving center for the

O.C.O. and passes on intelligence direct to Tokyo

14 or to the headquarters in China _ at Amoy. Vfuich way

15 this is done makes little difference, since there is

16 regular contact between Tokyo and Arnoy. Branch lines

17 go to Nankinv, Canton, Hain[l'n, and Formosa, whe.re

18 there are branches of thts organization. The Koain

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at Tokyo (Council for the Advancement of Asia) forms

part of this system.

tiThe four Intelligence Organizations in the

Netherlands Indies, F.D.O. (Consulates), PeN.O.:

FtA.O., and O.C.O. work in close contact with one

another. Owing to circumstances - namelv, the state

of siege in this, country, with the limitations and


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supervision thereby entailed, - this contact has

becor:1e still closer."

We will not rea~ the remainder of this report ,

although the Trj.bunal might wish to consider the

diagrams and maDS which follow the part we have

read.

I also want to point out that this report is

dated 27 October lQ4l, and classified Top 6ecret.

l.ffi. BROCf.b: Hr. President.

TH8 PREt-IDENT: Hr. Brooks ..

11,891

N'R. BROC'Kb: I would like to raise·3 TJoint

on this affidavit. It appears in paragraph 4 that

all of the records and files were destroyed or lost.

I a~ speaking of exhibit 1325. Filed here with the

Court are the photoAtatic copies of something, and

from this certificate there is no statement of what

is filed with the Court, as far as I can ascertain,

as the true copies, Or there is no statement that

these things that are filed are true certificates

prepared -- photostats prepared from originals or

.21 otherwise. I thought mavbe the prosecution can

22 explain it before we object any further. .

23 I~R. LAVERGE: Your Honor, what is lodged with

24 the Court --25 THE PHE .... IDENT: Can 'TOU i!Y!prove on the

~------------------------


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11,892

affidavit which is carefully drawn? It is for the

defens~ to prove in the course of giving evidence

that th~ affidavit is incorrect. Statements in the

affidavit are explicit. They leave no qUestion

open. He is the Head of the bureau that received

the report •.

r/lR. BROOKE: I am considering, though, your

Honor, what is lodged with the Court in reference to

this affidavit, and there is a copy of something

there in Dutch that is supposed to be -- the Clerk

tells me is the original file; and then th~re is

some photostatic copies. Now I can't read Dutch.

We don't have Dutch interpreters. It would save a

lot of work on them.

MR.LAVERGE: Your Honor, if I might explain~

What is lodged with the Clerk of the Court at the

moment is both the original and a photostatiq copy;

and we were going to request replacement of the

original by a photostatic copy so that the rep1:acement-

the original could be returned.

THE PRE::-IDENT: We authorize that replacement.

MR. BROC'K~; I won't take up any further time.

We will investigate it further. No furth~r objection,

your Honor.

MR. LAVERGE: We "'lill next present to the


,.

11,893

1 Tribunal two documents to show how an attempt was

2 made to establish a Japanese propaganda newspaper

in the Netherlands Indies.

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We tender for identification only, prosecution

document 2612, being an official report of the

Netherlands Indies Governmp.nt on Japanese subversive

activittes '.n'the Netherlands Indies.

CLERK OF THE COURT: Prosecution's docU

ment No. 2612 will receive ~yhibit No. 1326 for

identification only.

(Whereur'on, the document above

men tto~ed we c': marked prosecution IS eyhi b:.i. t

No. 1326 for identification.)

MR. LAVERGE: We offer in evidence an

excerpt from the aforementioned retort, prosecution

document No. 26l2A, being a letter datt'd 30 !2ay 1938,

rerroduced as an apLendix to the government report.

THE PRE~IDENT: Admitted on the usual terms.

CLERY o~ THE CotffiT: Prosecution's document

No. 26l2A will receive exh;btt No. l3261~.

('.IVhereupon, the document above re


No. 1326A and received in evidence.)

N!R. LAVERGE ~ We will now read parts of

~xbibit 1326A st~rting at the top of page 2.


11,894

1 TFE FRE~IDENT: Are you reading much of it?

2 MR. LAVERGE: Pardon me.

3 TRE PRS~IDENT: How much are you golng to

4 r(~ad?

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• 5 MR. LAVERGE: I am going to read in 'all two

6 pages, your Honor.

7 THE PRE~IDENT: You may read it after the

8 recess.

9 We will recess for fifteen minutes.

10 (Whereupon, at 1443, a recess was

11 • taken until 1500, after which the proceedings

12 were resumed as follows:)

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11,895

El:RSHAL OF T}E COURT: The Int8rnational

Milito.ry Tribunal for the Far East is nmv resumed.

THE PRESIDENT: Mr. Laverge.

TJili. LAVERGE: VIe \\1ill now resd pnrts of

exhibit l326-A, starting C.t the top of p8ge two:

IIAccompe.nying letter, I1ay 30th: 3rd

Suction of the Europe-Lsi~ Bureau, from KOTANI, '1'<.".n11n

to Mr. KANEKO,Keizo.

"I st.'nd hereby the original of the scheme

and wish you success.

"Plan for the Publicc. tioD of a Dc-lily

Paper in the L1;:.day Language by Japar.esG in the

Netherlands Indies

"l. Sch~;me of Public,.:;tion

"a. Saeroen to be ap~ointed Chiuf Editor.

Saeroen who used to be editor of the Pemandangen,

who is known amongst the East Indio.n intellectuals

as pro- Japo.nese nnd vlhose dismissal" iNc'S, therefore,

brought nbout by the v'!ual thy overse::.~s Chinese, is

novv connucted with the t Aneta r press bureau.

"He h8s close relations i,vi th tho elected I I

members of the People t s Council, Th['.mrin nnd Soekard jo, I

who are the l8nd~rs of the native ind~pendence move- I mente He collaborates closely with I,jr. KUBO, Tatsuji. I

"b. Plan ndviser, Hr.KUBO, Tatsuji. The I --------_._------------_._.-


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former director of the Nichiran Shogyo, I\~r. KUBO

has been in the Netherlands Indies for the

11,896

last 30 years and is well acquainted with the political

c:~nd economic world in the Netherlands Indies. He

has friendly relations with influential natives and

6 has a clear view of ne.tional policy. He would stand

7 behind S28roen as tho leading force.

8 11 d • I.~r. MOMINOKI, Ta tsuo would 1001-;: after

9 the Jannnese news. He is a young mon who has been

10 in the Netherlands Indies for more than ten years

11 and has prof01.mdly studilJd thu Ealay l[',ngungc. He

12 used to be editor of the Nichiron Shogyo Shimbun and

13 is now a contributor to the I'cla12Y dc:dly paptJr Souara

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Oemoen and thrtH) other pnpers. He is in the cunter

of the struggle for the purpose of convincing the

East Indians of the true situation of the Chinese

conflict and enjoys an established reputation among

the intelligentzia as being the most proficient

expert of the Malay language among the J-apanese.

lIH(~ is to work under Saeroen for the trans-

lation of the JaponesG news.

"d. Daily paper.

11 e.. Place of -oublic2 tion; Ba tavia, the 24

political center of the Nutherlands Indies. 25

11ft Number of pages; 8 to 10. ---........ < ••• <~-.. --.---. _._------- _._._ .• _--_._ •• _---


11,897

------- ._----_ .... _--_._"

1 \I g. Subscription: 50 to 75 cents pGr

2 month. Postage extra. Up to ten pages the postagG

3 is 1 cent per copy. This subscription may be thought·

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too low but in view of thu state 'of income of the

East Indian intellectuals the subscription, includin.g

p os to ge, should not be mor.:; than one guilder per

month.1I

We will not reed the paragroph dealing

wi th the budgGt for the nCvvspaper, but would like

to draw thE) Tri.bunal's attention to thG L:ct that an

initial out13y of 31,000 guilders was to be made and

that a monthly deficit w~s expectGd.

VIe continue r~~ading n02,r the bottom of

Page 3 ~

liThe Japnn!:..;se newspnpers in the Netherlands

Indies arG rei',d by only a very sm2l1 pODtion of the

Jap&neso Dnd never come lmd(';r the eyes of the

Chinese, Javanose , etc.

"When th.e paper is printed in Mnlay and

the situation in Japan is made known, a result of

inestimable extent can be expected.

IIWhen this paper inserts Jnpnnos8 ndvertise-

monts, explains Jap2.nGSe Commerce, and furthermore

introduces touristic snd industrial Japan, not only

would s:.-::me serve to foster amicc.ble relntions, but

----------"----,.-----~.--.----.----------- .. --

I ' I


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would 81so suve the: 60,000,000 East Indian populace

from the fnlse renorts so characteristic of the

Chines8. This plan for a Mnlay daily paper ho.s

-21re~ldy been considered for three years wi thO'l...1t

5 being reGlized. Howuve:r; often the front VT2S formed

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o.nd,however,frequently discussions took place,

publication did not materialize. The Japanesu living

in Java. could hc,rdly counteract Chinese n(;iNS during

tho l\1anchurian cO!lflict and they experienced gre2t

hardships through this adverse propaganda.

"Now that tho Sino-Jo.p8nese Incident h2,s

become mOr(;3 m~lgnified and complicated, the home

country of the Overseas Chinese in the NE)therlands

Indies is on the verge of bucoming the scene of

warfare.

"Tbe entire Netherlands IndiLn press is

boosting China in oider to curry favor with the

Chinese who have the roaleconomic power.

"In the Netherlands Indies the Chinese

publish more than ten papers in the Malay languo.ge

alone [md over ten in Chinese"

IIFor our compatriots there were only two

Japanese p&pers which through the intermedio.ry of the

Consulate VJere fused into one and this contains only

news along the line -provided by the news service ----------.-----_. __ .... -.... _ .. _--_._-------------_._--------


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of the Ministry of Foreign Affairs.

11 Of a IVhlay daily paper there is under

thoso circumstances, of course, no question. ' The

r.ope of the Japanese inhabitants is that a Nblay paper

'\:,'ill insert Japunese propaganda 2nd commercial n8WS ..

But not only t~is; others have to be made acquainted

with Imperial Japan's love 'oJ justice"

liThe intGllectw)l E~st Indinns of Javc ,

9 Sumatrc, etc., expect ,Japan to publish a l'1a.lo.y

10 paper under j'npnnese management and the 'wishes af

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Japan and Jc.va coincid(;; remarkably~ This opportunity,

which is now mc.ture, has been long and ec:gerly

cwai ted, but if publicDtion is not nOVJ begun it will

never be realized.

"In order to thoroughly study the prospects

and the budget I have returned for the third time to

the fatherland so as to make a last effort.

III request, dear Gentlemen, that you will

agree to this for the sake of our countryfs march to

the S ou t h • "

We offer in evidence a'further excerpt I

from exhibit No. 1326 for identification, another letterl

reproduced as an appendix to this exhibit. As may

be seen from the certificnte attnched to the letter,

the dnte which is given in the letter as 24 December,


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11,900

is 24 December 1938.

Trill PRESIDENT~ Admitted on the usual terms.

CLERIC OF THE COURT~ ProsG'cution's document

No. 2612-B will receive exhibit No. l326-B.

(Wherdupon, the documt::illt above re ...

ferr~d to was marked prosecution's exhibit

No. 1326-B 2nd r~ceived in evidence.)

LLR. LAVERGE: WG' will now rend p2rts of

exhibit No. 1326-B, I begin with the text of the

1etterg

" At the end of the yG'[~r the 2.tmosp herd in

the fntherland in connection ')d th war conci tions is

very tense, if compared ,-d th other years.

IIThere are very fevJ decora +;ions in the

streets, but the first class restaurants o.re full

<.:Jach day_ But one sees no Geisha festivities.

"The businuss for which during so many

yea!'s I have given myself so much trouble and which

I expected to be a success hns unfortunately ended

in failure again~ In these d::;,ys when the problem

of the Southward policy has come to the fore; I

cannot find sufficient words to. offer apologies to

my country.

"How worried I felt st the moment of

returning from the Foreign Office after inquiring


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11,901

v.7hether E'ny report hrd yet been received thft the

publicf tion of the nev7sp2per had commenced. Al though

I hed m~de un my mind thct the banning of my return

(to the Netherlands Indies) ~ould be a mere question

of time, the only thing thet v'eighs hcrvilyon my

mind is the auestion of progress regprding the "Werta

Hrrian. t

III 2m quite e~:T8re of the vC'rious locel

complicetions, but if you think thet it vrill not do

to m8ke 22proen president end chief editor, plecse

mencge (assume control of) it yourself rnd st2rt

public2tion immeqietely. It is obvious th2t the

propag8nd8 y['lue would thel1,of course,become consider

ably minimized. Both llOMINOKI C'nd myself shall defy

the oppressive measures of the Netherlands Indies

2uthorities by re-entering the country. I h2ve E".lready

conferred with the General Steff about this step which

I 1,"ill take 8.S 8. finel meC'sure.

"If the plan 1'li th SE".eroen should become re ..

alized before matters come to the c;forementioned str' ge,

it wt)uld merit m2.ny r benz8is f in view of its repre sent

ing my long-cherishEd desire. It is the policy of

both of us n~t to force our return until this object

hes been c-ch!eved.

"Even if it should become impossible for -


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11,902

me to re-enter the country I shall not fail to send

you sufficient op~~rating funds. I hav0 entrusted

Mro KOTANI of the Foreign Office with th8 s2fe

keeping 6f yen 5,000 only which I persuaded President

1',lLTSUOf'::A of the South Mcmchurian Railway Compc,ny to

give Q Further, the Bureau for East Asiatic Economic

Research (Toa Keiz2i Chosa Kyoku) of the South

Mcmchuri8n Rsilway Comp[my (under lead(:;rship of

OKN"A) Shumei) hc.s also promised to give a subsidy

of around 50, 000 yl:m per snnum os from next ye:-_'.r"

Also, our elder EU'tTA tt~kes 2. gre8.t deo.l of trouble

c:bout the matter. He intends to supp'_y Siamese

cowhid(3s to the Army and upon its realiz£'.tion 8.S well

as his succeeding in c..cqU'iring special rights

(cohcessions) in South Chin2 he v!lill send sbout

20,000 or 30, oob Y8n for the worl{ in the Netherlcnds

Indies. Also, as regards the question of shortage

of Dersonnel, preparations have already been completed

to send s 0 me to you promptly depending upon the

prospects. In brief, please advise me as promptly

8S pOSSible of the neceSS2--y counter-J:Yit)·9.sures after

taking the local conditions ct your end into careful

consideration. I pa~ticu18rly and ardently hope

th~}t you will realize the ustnblishment of a l\J.o.lay

pap",r! If tbe -publice: tion of a new paper is impossible,


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11,903

I think it would become necuss8ry to buy and to

transfer to 13nt8via the Sinar Selatan."

VIe will nm--J pass over the next few para-

graphs and continue r88ding at the second line

from the bottom of page two:

"In collecting mbney for future work

the closest contnct should be k'dpt with the Ministry

of Foreign Affnirs and it is urgently desirable

thereby in all respects to cooperato with the

Consul["te-Genural. bven if ~::miIINOKI and I are not

allovJC::d to return, I trust youar8 firmly ducided

to give your service in the intert)st vf the State.

PlldaSe answer me to c/o Mr., r1"TATA., Shirokane Dai-

mac'hi I~ No. 81, Shiba-ku,Tokyo. (Signed)

KANEKO }Keizo .;_ II

---______________ .1


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11,904

LIRo LEVIN: Mr. President.

TEE lIOFITOR: Will you please vvait?

All right.

THE COVIlT: Mr. Levin.

MR. LEVI}T: I 'F.101..'_10 like to hldicat.e that

I do ~-lOt see tt,le significance O-F' t:~is document,

1326-13.

'1'1":8 F1ESIDEj\TT: Pres s propa!S2nda is part

of aggression~ I suppose.

1:,[1. LEVIN: I/-, 'is possible tha_t on thL'!t

11 hasis it r~liryht be ground for its adlJ1issi~)iJ.it.y;

12 however, it does not appear to cOQe from some person

13 5_11 authority or from an 8_uthori tati ve source.

14 TEE PIlES IDEl'TT: The Foreign Office is

15 1.. • .~ men l,loneu • It has been read 11m\!.

16 1m. LAVERGE~ The -next t,T.nJo documents, vfhicb

17 we v7i11 offer in evidence deal ",i th Jepanese exp10r-

18 a tion of Dutch nevI! Guinea .Te introduce in evidence

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prosecution document 2612-D, a 1et-~,er dated 15 lfarch

1935, being a fUrther excerpt from exhibit 1326 for

identi-:='ice.tion, and reproduced as an appendix to

TFE PB.ESIDEN-T: The excerpt is admitted on

-'-,he usual terms.

CLERK 0::' ~<f-1E COURT: Prosecution I s document

----,-----------_. __ ._---------


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No. 2612-D will receive exhibit No. 1326-c.

C7hereupon, the document above


No. 1326:"c and received in evidence.)

MR. LAVERGE: We will read the first tw'o

11;905

.6 I lines of the heading of the letter, as well a~ the

7 1I\!11.ole text:

8 "Nanyo Kohatsu Kabushiki Kaisha

9 "(South Seas Development Co. Ltd.)

10 1115 March 1.935.

11 "Foreign Outward No. 2~ from President

12 l.'~ATSUE at Tokyo, also sealed by MIZUllTO and SAITO

13 Bunya, (Overseas Section), addressed to Mr. Kosugi

14 HICHINARI at Momi Office.

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ItSubj ect: t Foundation of the Dutch New

Guinea Oil Company.'

"I have the honor to transrni t herevvi th

for your reference tbe reports received from the

Naval Staff and from the Consulate-General at

Batavia, both dated February 14th, concerning the

conditions regarding the starting of enterprises in

Dutch territory.

"Our company v;1Ould also like to apply for

the permission to do experimental drillings in the 25

territory which has been colored red on the enclosed

------------------,._---,-,--_.


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..L..J..t'jVU

"In this connection thorough study of the

netherlands Indian mining legislation is necessary:

I enclose a copy o:~ QUning in the Netherlands East

Indies and tbe lUning Law, rand y.'equest you to mak~

preparations for the future.

"In view of the opinion of the local

authorities it is to be expecte~ of course,that

tbey may not be ~ell disposed towards this applica

tion. I request YOL, t.herefore, to bear this in

mj.nd and in great secrecy to make investigations

re~arding the red colored territory ~hich has an

area of about 1.7 million hectares and also to

inc~uire about the procedure, et.c 0 for making appli

cations. Also, YOD will please submit some sort of

2 definite plan."

We offer in evidence prosecution doctJ..ment

2612-C, an excerpt from exhibit No. 1326 for iden

tification and reproduced as an appendix to that

exl~ibit.

TEE PRESIDEN'T~ Admitted on t.he USD.al terms.

CLERK OF THE COURT: Prosecution's docLment

Eo. 2612-C will receive exbibit No. 1326-D.

(Vvhereupon, the document above



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No. 1326 ... D and received in evidence.)

1m. LAVERGE: As may be seen from the

certificate attached to the document, the date of

tbis letter, which isgivert as May 20, is 20 May

1039.

rYe vJill read exhibit l326-D entirely:

"I trust that you are all in the best of

health and ',,'!Or-kinG hard.

III beg to also thank yo,u for your'~

various courtesies 8xten~ed to me on the occasion

of my recent furlough return to' Tokyo.

IIAfter a stay of three days in P8.lao~ I

finally leave at noon tonorrow, the 21st, per Palao

Haru. It is remarkable h01ei here at Palao the ex-

p<lnsion of all tropical industries has continued in

all.possible directions; the establishment of new

companies, large and small, is most astounding. I

,-,vas greatly impressed (inspired) by the various

things which I learned in the course of my inter~

VieYIS with all of the lea(lj,ng personalities. In

brief, I believe this to be nothing else than the

~e<?lization of the Empire '.s trend towards filling

",he needs for various resources that it de!Jends upon

Southern industries, through the hands of the Japanese


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11,908

instead of importing sClme (Tr. Note: from abroad).

But it is not possible to have the requirements of

J2pan vrhich progresses by leaps and bounds satisfied

by the Mandated Territories only. Tbe next important

problem lies therein ~tat its solution will, of

necessity, have to be met by the expansion of the

J8.pa110Se in Great New Guinea, and I think that the

time is rapidly 2nd silently approaching when we

shall be taking an active part. -

"For the sG.ke of the Nanyo Koha tsu Kaisha I s

newly adv9.ncing to the Sp:oatley Islnnds, ~;Ir. TAKEDA,

Chief of the General Af~airs S~ction of the Paleo

o'·?ice, ?Jill be proceeding to the said islands by

the' fSaipan Maru' on the 27th. I am informed that

in the Island" of Hainan, 2,11 forms of enterpr~se"s ,-

2.re flourishing, and t' e I'Janyo Kohatsu' s research

part~ to~ is at present engaged in research ~ork.

"The aerial' route between rrokyo and Palao

has been completely opened, o.nd passengers at a fare

of 360 yon per person are conveyed to Tokyo in two

days. Letters are 30 ~en in excess of the ordinary

postage. There· is one plane per neek.· Large four

-motor hydro planes 8re used and' in order to perfect

t"'is air line they are piloted by naval officers on

t'he active list (commanded by lieutGnant~comm2nders):"


11,909

"Naval A"ctnche o KUMA , from wborn T,Je ahmys I

2 I ha'vc received the f,re<? tes t. pos sible help for our

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New Guinea Enterprise Department, h2S been promoted

to the F2VY Ministry, and .his successor, Naval

Cc'ptain PUFAKI, has alrea.dy ar~C'ived at Palao.

"At p~esent a large quay is being con-

structed on the Island of Marakaru O:2.1akai, Palao

f,roup) c'Thich wilJ be able to accommodate t1i70 vessels

of 6000 tons. Tbe work is bein~ executed by the

Nampa Sangyo K.K., while todry, the 20th, with

g:i.~eat ceremonial, the ground has been in<?ugur2.ted for

the construction of t'NO 10,000 ton oil tanks. It

is extremely gratifying that such large installations

which as ~~~ qua ~ in1}Jly. th e expansion of ~Je'w

Guinea are ste~dily making beadway.

"Also, as regards the increase in personnel

for l\Te1}\T Guinea, I ha.ve been informed by Naval Attac1:e

o KtJIvIA , after my arrival {Cl.t Palao, +,hat permission

has been ~iven for ten persons. He said: 'Ten

persons for New Guinea is rather few, but these ten

men must at least be equivalent to 10,000, because

they ·rep~esent a group of only matchless warriors,

24 each of wh.om is a match for 1,000 men.' I shall now

25 conclude my letter of t.hanks as iJ'rell as of Pa.lao neWs.

I ardently hope, my comrades, with the motto 'Health


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------. - .. -· .. ···-----r First' in mind, that you will do your best for the

exploitation of Great New Guinea.

"Palao, May 20.

"INOUE

liTo: Branch Manager, HORIl'E,

Department Chief, MAKITA, and the Entire

Staff at Homi."


2612-E, a letter dated 30 May 1940. This letter is

a further excerpt from exl!ibit No. 1326 for iden-

tification and is reproduced as an appendix to that

exhibit.

TIlE PRESIDENT ~ Admitted on the usual terms.

'CLEID< OF THE COURT: Prosecution's document

No. 26l2-E will receive exbibit No. l326-E.

(Whereupon, ·the document above


No. 1326-E and received in evidence.)

MR. LAVERGE: We will novl read ex"ibit

20 No. l326-E entirely:

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"Outside on the envelope: HAYASHI, Kyujiro,

President-Director of the Japanese South-Seas Assoc

iation, Batavia.

"from CliuANG, from British Penang ••• Street


11,911

.------------------ ------ - ------------.-------------~--

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"Inside the envelope: Addressed to

President TSUI<THARA.

"Dear President TSUKIHARA:

"It is a long time since I saw you last?

but I have been feeling an irresistible yearning

after you and have been always ~.'londering as to how

you are getting along. In anj7 cas~ I hope that

things are ~oing along smoothly with you both in

your official and private life.

"You were so kind at the time to engage me

for the Overseas Intelligence Bureau, but I feel

ashamed that I have as yot been able to do so little,

';vhich I believe is due to my not being favored yet

with the right opportunity.

"Recently "iThen the situation in Europe has

become tense, and with the prospect of the collapse

of this European Empire, your Bureau has 'Hi th re

douhled energy worked towards realizing the great

plan for t~e domination of East Asia, which is a gigan

tic scheme unparalleled in histo~y. I fee~ indee~

extremely happj7 at the honor of being made a member.

In the event of this purpose bein~ achieved in future

by rendering meritorious services, it would probably

become impossible to fully ftescribe our delir:-;ht on

seeing the blue-eyed people who oppressed us in

,---------_._-----_._----------------------------


11,912

4 intensify my acti vi ties, I have made contact with

5 my comrades in Siam and five of them have already

6 entered that country in disguise. As objects of

7 espionage it is our duty to obtain confederates, to

8 commi t sabotage, to inci to the natives to hostility,

9 and to spread aiarnling rumors 0 In this respect I

10 entirely follQW your instructions. These five aeents

11 each work separately. You previously prote me that

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a hj~gh official ''!Culd come to the South and that

we should receive instructions from him on secrecy

items. This has now happened, judging from the

report in the press that Kyujiro HAYASHI, an

important diplomat and 2180 Head of the Intelligence

Bureau, has arrived safely at Batavia by a Royal

DU'~~cb Com~anY'8 plane at 4·:30 P.M. of the 23rd inst,

It is obvious tbat our yvork hereafter \vi11 increase

in seriousness stil:!. more and that we shall be re-

ceiving definite instructions more and more. It sheds

a great light upon us.

"From 1'Jr.at, I hav$ heard, Britain has no more

military s';~rength to fi~'ltc/ back because British .i:

Imperialism has J.8tely suffered disa.strous defeats


11,913

1 in the European W2r, ;:-md vIill before long su:efer the

2 sad plight. of n8 tional ruin 8.nd a doomed race. To

3 ccver their shnme, the local aut,hori ties hDve ex-

4 pressly s~ationed mixed troops, consisting of old

5 nno_ feeble soldiers, at ii'1portant points of commun-

6 ication, such as railvray bridges for defense purposes,

7 2.nd strategic poj.nts like' air-bases are also in

8 the list of places to be patrolled.

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"This crazy small na tion l~as <-,he tp,l1CY

that the stationing of troops in this manner v,!01..11d

serve to inspire confidence among the DeoDle 0uite _. J: , ~

ignorant of the fact that, by so doing, they are

only cutting a still more ridiculous figure of

-;-.heir own hurry-scurry confusion. On investigating

the morale of the said mixed troops of volunteors

it 1~8s been found that they all ent.ertnin a grudge

in their bearts, Dnd only few, among them are willing

to sacrifice their lives for this devilish regime.

I may safely assert that, should I incite t.hem by

taking advantage of their TIoak spot, these voluntoers

\~JOuld find it impossible to fulfill ':-.beir dt".ties.

"In accorc1nnce vli th orders duly received

from our superiors we have decided to utilize large

amounts in nearest future for the purpose of corrupting

the soldiers and the people as vTell 2S to organize a


11,914

fifth column to be rQady

In view of the important nature of the matter, I am

afraid tb.2t it would be impossi'ble to obtain satis-

ft'.ctory results unless pe:~~sonnel, 12bor and mntGrials

[lre s1.r~))JliGd in 12,rge number and volume and reason-

6 ably distributed. As I am enjoying yonr spacial

7 patronage I feel I should advise you of nIl matters

8 in detail. I do hope you ~ill pay due attention to

9 it.

10 liThe salr,ry Clnd camp2iening expenses that

11 you secretly sant me the other aay have beon already

12 safely received.

13 liAs reg::u~ds results, it 1;['.s become further

14 improved and effocti ve propa~8.ndrt comb:i.ned with

15 the ':mr situation hC'.ve convinced soldiers and people

16 tl:'2t this inferior Government will soon collapse so

17 th2t a.nother ·oowerful nation must be obtained to

18 ~uarantee their security, apart from ~hich they

19 are all desirous of rendering their services QS n 20

resL11t of having giv'.m them fl lit7',le monejr. How over , 21

the chance has not yet com:-:. Ey cOlnr2ces hnve alre2,dy, 22

by dise;uising themselves, succeeded -recently in 23

stealing various i0portant topographical maps as 24

well as data regarding the distances of military 25

forces. Should you desire to have then, please


1 advise me, Qt the same time inform me in detail tho

2 manner of forvvarc1ing the sene, ~~Tl':'ich ii'il1 skip the

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attention of t.he censorship. I shall send it all

right.

"Please address your corres!Jondence here-

after t.o hW former address, 9.S I intend to cast off

public suspicion by my removal.

"Be so good E'.S to tr2nsl:::te this letter

into Jnpnnese before passing it on t.o the higher

authorit.ies. Best regards,

"(Si f.1'ned) Chun~'1g Kunr.r ],'i; '''''0' _<:). _.L" "-' llc._~~O

1I0versens Int.elligence Bure2.u

No. 265

"d~ ted '")0 T";,.,,, t'''e- '::lOt'" Ve~r of tho "RepublJ.' c (10 40) " '-, .) J. -"~<;I' i~ c. / L ,.. c, - _v- 1.. :;.

We offer in evidence prosecution document 16

17 l5-B, an excerpt from exhibit 803 for ~dcntification,

being an intercepted telegram sent from Batavia to 18

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Tokyo on 2 September 1941. /

THE PRESIDEl'TT: Admitted on the usual terms.


No. 15-B vd.ll receive exhibit No. 1327.

(Vvhereupon, the docum':;nt above


No. 1327 Dnd,received in evidence.)

MR. LAVERGE: Y\T8 will now road pnrts of


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11,916

exhibit 1327. I might add that as is shown in

exhibit 1323, and as ~ill further appear from a

document i'ilbich Vle vvi1l introd,uce presontly, the

sender of this telegram, ISHIZAWA, ",7as the Japanese

Consul- General in Bn tavia.


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"From: Batavia (ISIZAliJA) To: Tokyo

September 2, 1941 #902

11,917

"Re the first part of Circular #2tla from

Amba~sador HONDA.

"1 . . Conditioned b~' our military invasion

of F~ench Indo-China, it is a fact that the government

of these isJ.ands has drastically stepped up their anti .. ;"

Japanese tendencies and very evidently assU1T'ed an atti

tude of aid to China. This is evidenced by the uncon-

vincing pontrol exercised by the authorities here over

the anti-Japanese editor;als of the Chinese. press, the

solicitation of foods for the ccnstructicn of miJitary

airpl&nes for Chungking among Chinese residents here,

and their d~mand for suspension of ~ub]ication of the

Japanese-operated East India Deily News Chinese char-

acter ed~tion, as well as the ]!IalaYL..1.n language rr~agazine

Sinarusuratan. However, on the other hand, in Qrder

that we may give a sufficiently clear picture of the

situation, there j ... a small group of Chinese resident

her. whose anti-Japanese tendencies have slightly im

proyed as a result of the activities of the government

here~ However, no sooner than they got the impression

that these Chinese were coming slightly closer to us

in feeling, it could be seen that they began to exercise

their old tendencies on a still greater scale. Japan-

ese wbo had good contacts with Chirese here were


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unmercifuJly exiled, and these Chinese friends were

hauled unceremoniouslv to the Dolice stations for

~uestioning or possibly taken before the person in

charge of Chinese affairs here. It has been anony

mously reDorted that a statement has been made that

they are in da'nger of their lives. Thus, they have

Begun to hirdBr our schemes with regard to the Chinese

with more and more determination."

We will net read' uaragraph 2, but will

continue rending from paragraph 3 near the middle

of iiage 2 or.:.1lvards:

"3. Having said all this, I endeavored to

refute him with all the strensth that I could command.

RO, however, would net be convinced and adamantly stuck

to his statements. Not only is the situation like this,

but recently the fact that the police strength on these

islands has been greatly augmented ha~ m~de it extreme

ly difficult for us to carry on ou~ schemes toward the

19 Chinese residents here. As a' conseQuence, the situation

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practical1v means that we can do nothing directly.

Therefore, I would like to have our organs here for the

manipulating of Dublic opinion as well as those who work

in the development of our schemes remain passive for a

little while. For the time being; we are concentrating

our efforts in the collection of i:r:telligences having


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to do with the activities of Chinese here as well as

othE;r things.

114. Therefore 1 in the rneB.ntime, until we

have securel\! b'o'ought Fre:r:ch Indo-Chinn and Thai

VJi thin our sphere of influence, I think that it would

be most -propitious for us to'strengtben our schemes

with regard to the Chinese here. Fer this purpose

I would like to have sent to these islands influential

persors j,n whom the Nanking Government hns much ccrfi-

dence, whc can comr;;8.nd large numbers of followers among

the Chinese here, who will have for their main objec-

tive the preachirg of the doctrine that the Chinese and

the Japanese are one, a" well as set up organizations

to influeL.ce Chinese opinion.

"These men would have absolutely no relations

with either this office or with Japanese uerscns but

would meet in large aL.d small groups and talk with

irfluential Chinese a.s well as substantial individuals

of that group here.

"Ple[lse trElnsmi t this messe.ge to Ambassador.

HCFDA in China and to other com'Detent diplomatic offi-

cials to whom this inforration, in your good judgment,

might be usable."

. The next do.cuments will be intrc,duced by

General Borger)1off 1.·Tulder.

I

I


11,92Q

1 1\1\. JUS'rICE BOJi.GERUOFF ltUTDER: We will now

2 continue thepresentatidn of our evidence by intro"

3 ducing documents to show' how, from the summer of 1941 4 onwards, preparations for military operations ag8inst

5 the Netherlands Indies were completed, how aggression 6 against the Netherlands was decided upon, and how

7 the actual military operations were carried out. 8

The Tribunal l s attention is respectfully 9

invited to exhibit No. 809, being an ATIS Research 10

Report, entitled "Japan l s Decision to Fight."-! Many 11

relevant parts have already been read; but, with 12

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the Tribunalts permission, we will read a few para

graphs which have not been read befol'e. We start

reading near the end of the second column of page

9 of the English text. 16

17 liTHE AR1VfY-NAVY CENTRAL HEADQUARTERS

AGREEMENT • . 18

19 "The object of Imperial Headquarters, Army

20 Department and Imperial Headquarters, Navy Depart-

21 ~ent in setting forth clearly the division of duties

22 and command in joint operations was to promote a

23 maximum display of efficiency. (According to pr±S~

24 oner of war, it was issued at the end of October

25 1941. A resume of the contents follows:)

ul. The highest ranking Army officer for . I --_._-----_._--------_. --- .. -_ .... _-- .-.-----.-~------------.-... --.-.~--------- - ----_.---_._-----


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11,921

SUMATRA, BORNEO, t he 'MALAY peninsula,. CELEBES, and

the PHILIPPINES (including FRENCH lNDO .. CHINA and

THAILAND) will be Field Marshal TERAUCHI, Hisaichi •

His command will be called the Southern Army and /

its Headquarters will be in SAIGON.

"2. Plans far escorting large Army con ...

voys and the plaae, time and date for landings.

"3.. Agr.eements on Aerial 1J!larfare Agree

ment~ on the places to be attacked by both A~mv

and Navy planes and on the places, dates and times

of attacks by Army or Navy planes acting ·independ

ently. Agreements on the airfields: to be used, such

as t XX A.irfield will be used. primarily by the Army

a.nd secondarily by the Navy. I

114. Supply plans.

"PIans for the supply of Army landing

forces to be effected by Army shipping and for the

Navy's support of same.

115. Communi<:!a.tions plans.

1t6. Agreement on occupied territories,

citie$, ana res~urces such as, 'The BAND-.TEaMASIN

Oil Refinery,' will be centrolled by the Navy."

In view of the evidence presented on

Japanese espionage activities in the Netherlands

Indies, the Tribunal might wish to consider the


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11,922

Netherlands Forces, which are reproduced on pages

36, 37 and 38, and the map giving details about

airfields ano air forces in the Southwest Pl1cific

5 area, reproduced opposite page 33.

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We respectfully invite the Tribunal's

attention to the resolution adopted by the Imperial

C~nference ~n 6 SGptember 1941, contained in exhibit

588, in which it is stated that Japan will execute

her Southern Advance Policy by completing her

military preparations for a war with the· United

States, Britain and the Netherlands by the end of

Octnber 1941, and by determining to wage war on

the United States, Britain and the Netherlands if

there is no hope for the fulfilment of Japanese

demands by the beginning of October.

We will next offer in ~vidence two docu-

ments, showing how, after the Third KONOYE Cabinet

had been replaced by the TOJO Cabinet in Octeber

1941, a close study was made of a number of ques

tions which might arise, both at home I1nd abr0ad;

in the event of Japan's entering the war.

~e offer in evidence prosecution document

No. l585A, a list of questions which, as appears

from the certificate attached to the document, were


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11,923

-- ------------------------.------------------------------------- -- --------------------------

drawn up for the Liaison Conference between the

Government and Imperial Headquarters at the ene

of October 1941.

THE PRESIDENT: Admitted on the usual

terms.


No. 1585A will receive exhibit No. 1328.

(Whereupon, the document above re

fe~r~d to wa~ ~arked prosecutionis exhibit

No. 1328 and.r~~eived in ~v~dence.)

MR. JUSTICE BQRGERHOFF MULDER: We will now

read part of exhibit 1328.

"(State Secret)

tll'~AJOR ITEMS TO BE RE-EXAMINED CONCERNING

ES3E~TIALS FOR THE PROSECUTION OF NATIONAL POLI

CIES.

"1. What is the future outlook of the

European War Situation? (Foreign Ministry and S <-J>r€ r,. e I::.o--rvw-~

St:a-t is t ic-s-Iru-r e.&lJ

"/Marginal Note/ In the present case.

In case Japan initiated war.

"2. What is the future outlook from the

point of view of strategy in regard to a war against

the United states, England and Holland in the

initial stage and when protracted over several

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years? In the afore-mentioned case what would the

military measures of the U.S.A. and England, avail

ing themselves of Japanese uneccupied areas in ~~

China be? (Statistics WI'-OOU)

"/Marginal notel The North to be con-

sidered simultaneously, also.

1t3. Assuming that we initiate a war in

the Southern regions this fall, 'Nhat will be forth

coming as relative phenomena in the North? (War, I. ~

Navy and Forelgn Min1~tries and ~~p.e.a..a.) -----

"4. What are the estimates of the ship

ping to be ccmmandeel'ed by the government and also

of the wear and tear thereof during the first three

years following the ~utbreak of a war ~inst the_--

United States, England and Holland? (S~-~)

"50 In this oonnection, what are the

esti~ates on the transportation capacity of vessels

available for civilian purposes in the c:)untry, and

also on the supply and demand of major oommod1ty

items? (Planning Board)

116. What will be the scale of the g~vern

m6rlt l s war budget, and the sustaining powe~ in fi~

nanCe and credit in the event of a war against

America, England and Holland? (Finance Ministry)


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tl7 fY Hhat degree of collGboration C3n

we induce Germany and Italy to give us in con

nection with the opening of the war against the

United states of America, England and Holland?

(FDreign, War and Navy Ministries)

/Marginal note/ Opposed to Finance

Ministerfs view in regard to acquisition of re-

seurces ...

"8. Is 1 t possible for us to restrict

our adversaries of the war to only the Netherlands,

or Britain and the Neth.er;t.andS? (Foreign Ministry ~~)

and S'~ Bursa"i1)

"9.. Assuming that the war is to begin

next year in March:

"How abeut advantages and disadvantages

in foreign relations? (Navy, Foreign and Viar ~Ad./Yyo.O/~I_

Ministries and S~ies Burea~~ "Outlook on the supply and demand of

important resources? (Planning B~ard, War and

Navy Ministries)

"H0wabcut advantages and ·disadvantages

copsidered from the strategic point of view? e':.~f~ t~)/.J----) (S~atist1cs Bttre~ ,

"Taking the foregoing into consideration,

when should the war be commenced? (V\lar, Navy and


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1 and Ne.vy Ministries)"

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The answers to those q'uestions, contained

in exhibit 1328, document 1585A, just rsc-eived in

eVidence, which were to be studied by the Foreign

Min.istry, are contained in prosecution document 1559A,

which we now offer in evidence.

THE PRESIDENT: Admitted on the usual terms.

CLEHK OF TEL COUI.T: Prosecution's document

No. 1559A will be given oxhibit No. 1329.

(Whereupon, the document above referred

to was rrarked prosecutlon's document No. 1329

for identification, an~ w~s received in evidence.)

MR. JUSTICE BCHGERHOFF MULDER: We will read

part of exhibit 1329, starting at Peint 7, near the

end of Page 3. ,

uIn case of outbreak of war against Britain,

America and tbe NetherlaLds, how much cooperation ean

v~e TI'ake Germany and Italy promise?

flA. It is impossible tc eXD8ct a great deal.

"a In case .... iiJar breaks cut this autumn:

20 "Germo.ny has l':dtherto given us the impression

21 that she would atto.ckAmerica in case a war bre~ks out

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between Japan and A~erica. In view of the obligations

arising fron; the Tripart:Lte Treaty, we can exnect

Germany and Italy to begin war against America depe.r..ding

on our attitude. But ip this case, Gerrwn (and


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Italian) decl&ration of war against America wouJd only

WBan that the v would take further steps in their present

relations against America. Their attack upon American

vessels and warships in the Atlantic would be inten-

sified, and they would nlay an effe~tive role by divers-

ing America i~ their landing operations on the British

mainland, which would help us indirectly.

"But it is difficult to expect all trese

from Germany (or Italy) which might require a prepara

tory period for the next operations after she comes

to a pause ir attacking Russia. Furthermor~, now that

the contact /T.N. with Germany/ tl:rough the Sibe.rian

Railway has been cut off, it is impossible to exrect

materials and econorric assistance from Gerrrany.

"As for the- case of our advance to the Dutch

Fast Indie~, Germany has crntemplated pressing the

Dutch Deop1e in Holland to bring pressure upon the

Dutch East Indies, but we doubt its effect at present

since a ccnsiderable number of German prisoners still

remain in the Dutch K.:;.st Indies.

"b. In case war breaks out next spring:

"The Gerrran forces arG hinting to carry out

landing operations on the British mainland next suring

artd the preparations on the French coast ~eem to be

considerabl'c advanced, but VIe cannot affirm that the


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operations will be carried cut. The attack or the

British rrainland will indirectly help Japan to fight

agQinst Britain and AI11erica, but no more direct as

sistance can be expected except the ouerations of the

JQpanese and GermQn forces .which will indirectly bene-,

fit each other, since the hope of our contact IT.N.

vlJi th Gerrranyl t~;rough Siberie. iVJ1l1 be difficult even

next spring. As we are not sure whether the landing

operations on the British mainland will take place

next spring, it is dangerous to reI;., upon it.

"In both cases of Ca) and (b) the greo.test

help that we can eXD8ct from Germany and Italy will

be the advance of' the German and Italian forces to the

14 Near East, Central Asia and India .In this cornection,

15 as cur advance must be carried out in accordance with

16 thBm, a full arrangement is required beforehand.

17 "c. In case war breaks cut labor than next

18 s1')ring:

19 "When Germany has consolidated her occupied

20 areas and established a DBW order in Europe, her

21 0. ttack upon Britain wi}.l be much more intensified.

22 And consequently it may bring considerably advantag-/

23 eous effect upon us to fight America, but we must 24 take into consideration the possibility of peace between 25

Germany and BritninJ'


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"8. Can cur opponer,ts in war be restricted 1

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to the retherlands or both to Britain and the Nether-

lands?

!lA. No possibility of restricting them only

to the Netherlands or to Britain and the Netherlands.

As for the attitude to be t2ken by Britain and America

provided that Japan advances by force to the South,

namely Thailand, Burma, Singaucre and the Dutch Last

Indies, we have certainly not yet heard of any mili

tarv alliance nor any settlement concerning coopera

tion among Britain, AmericCl. and the Netherlahds (or

the Chungking regime). But it is almost of no doubt

that they have mutual understanding concerning this

joint defense in case Japan carries out an arITed advance

to anyone of these countries. The attitude of Britain

and An.:erica will also be affected to a great degree

b::r the tirre and manner of our mili tar;7- advance to the

south, the international situation at the time, and

the internal situation of both Britain and America.

It is necessary to take into consideration all probable

cases which may take place in this connection, but at

any rate VV8 cannot restrict our opponents only to the

Netherlands or to Britain and the Netherlands in case

of our southward advance, and we must also be ready

for Russia's entering the war. 1I


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lINow we have rrade the following general

forecast concerning each country, judging.from the

present situation. . "I. l?S .. ttatn (inc ly,d ing_ A us t.r.illJ..P-J 9..Q.n.ad.fl:~

etq~). WhGn we advance to the Dutch East Indies we

might expect Britain to carry out, first of all, a

diplomatic camnaign regarding us and the Dutch Indies,

but we can expect thcL t she probabl,T will r,oake U'~"- her

mind to take up arms for her self-defense. ~Whether

she will take up arms immediately or DC t 'lidll depend

on the situation thereof.) Judging from Britain's

reliC rts and behavior until the -present, we are con-

siderably sure of this view.

112. . Ar:1eri~. In a case ctS pointed out

15 above, Britain may at once ask for American assistance.

16 Therefore, even if America does not participate in the

17 war immediately, she wil~ of cQurse,acceleratedly

18 strengthen her military preparations •. Then we can

19 suppose that in such a situation she will take the fol-

20 lowing steps:

21 "0.. Diversionary measures against us by way

22 of diplomacy.

23 "b. Close her conSUlates. 24 "c. Eecall ambassadors. 25 "d. Severance of her diplom~tic relations. 1f


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1 "e. Demonstraticns by her navy and air forces.

2 "But it is dangerous to fore such a view that

3 .Arerica would tc"'cke gradw::.l steps toward us, judging

4 from her attitude towards Germany. Fer we cannot

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but expect America to take much IT,ore protr:-pt stens in

case we advance to the south, compared with the case

when Germany swept over the European countries. Amer

ica would presumably be u.rmb1e to everlook t,he Japanese

southw:1rd advance as '[mother I s business t t ,~ause of

the following reasons:

"a. In a sense S11e considers the southwes

tern Pacific area as within the zene over Which she

has the power of utterance (as seen in the Japanese

American negotiations.)

lib. Some materials of the above mentioned

Qrea are necessary in Ar::er,ica (gum, tin, etc.)

"c. She fears lest she should entirely

lose her right of utterance in Chinese problems.

tid. She is afraid of our occupation of the

Philippines~

II e. The American publi.c opinion 'Would· be

more excited than in the C3.58 of the European War.

"9. Advo.nt2.ges and diS8.dvant8.ges' of our

foreign relations in case war breaks out about March

of next year:


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"1.. As a result of the Russo-German War,

the Scviet forces in European Russia ~av suffer a

4 crushing blow and be very busy with r·eccnstruction

5 from this winter until next spring. Ccnsequently,a

6 considerable transfer of the strength of the Soviet

7 Far Eastern Army and an increasing unrest within ,the

8 countryare·anticiDated. Therefore, we think that

9 for us the thre.a t and burden in the north will be

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less thtn at present.

";?. De"'ending on the situaticn there may

also be sere slight chance of taking diplomatic measures

regarding Eussia so as to mediate Russo-German peace.

"3. As German winter operations are expected

to be directed ,toward Africa, the Near East, ~nd Central

Asia, Britain must exert herself to defend trese a~Aas.

With the preparations to meet' German landing operations

cn the British homeland, etc., the European theatre

will becom.ebusy; consequently her nosition in East

Asia will be weakened and Germany's diversionary role

will be more effective than at n.resant.

"4. Even if A~i'erilZ!a does not pc~rticira te

in the war bv next March, her preparations for entering

the war will be further advanced; consequently inter-'

nally she will be inareasingly troubled by difficult


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problems of domestic administration and fin~nce; mili-

tarily there is a pcssibility that she will have to

divide her strength in the Pacific; while diplomatio~

ally there is the possibility that she will have to

soften her attitude toward us.

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"5. We shall get time to improve and strength

en our diplomatic position in the Thailand nnd French

In:dq-Ghina areas.

'111. We think that cur economic difficulties

will rather increase by March of next year.

"2. Miiitarily there may be danger in also

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We respectfully call the Tribunal's

attention to exhibit No. 878, containing decisions

of the Imperial Conference or 5 November, 1941,

concerning measures to be taken to'lllard foreign

c0untries. With the Tribunal's permission, we will

read one paragraph of this exhibit. We start read

ing at the top of page 2:

If Policy towards the Dutch East Indies.

"In order t,., help conceal and disguise our

1~tentlons, we shall open as soon as possible a

series of diplomatic negotiations h'lith the' Dutch

East Indies/, in the ferm of continuation of prev

ious negotiationi, with the chief object of obtain-

ing commodities needed by our country."

We respectfully invite the Tribunal's

attention to exhibits 1169 and 1176, contai.ning

decisions reached at the Imperial Conference of

5 November, 1941, and plans for the execution of

the war against the United states, Great Britain

and the Netherlands. Wo would like to draw

attention to the fact that in both exhibits on

pages 5 and 1 respectively, of the English text,

under the hea<;Ung "PrinCiple for Hastening the

Conclusion ·of the!Var Against the United states,

Great Britain,-Hol1and and the Chungking Regime," ____________ J


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it is stated that Japan will make part of the

Netherlands Indies independent and ret8in other

parts in the Jap3nese Empire.

The Tribunal's attention is invited to

exhibit 1252, containing the Combined Fleet Ultra

Secret Operation Orders 1, 2 and 7, which provide

for naval operations against the Netherlands

Indies, to start cn 8 Lecember, 1941.

The TribunalTs attention is invited to

exhibit No. 877, being 8 decision by the Liaison

Conference between the Imperiel Headquarter~ and

the Government, dated 20 N')v,?mber 1941, and Tn3rk<3d

flNational Top Secret," which provides for::: mili

tary administration to be introduced in the Southern

Areas, which are to be oocupied, until a decision

for their future disposal can be taken at a later

date.


2612F, an excerpt from exhibit 2612 for identifi

cation, being an intercepted telegram sent by the

Japanese Consul General in Batavia to the Japanese

Consuls in various places in the Netherlands

Indies on 29 November, 1941.

THE PRESIDENT: Admitted en the usual

terms.

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CLERK OF THE COURT: Prosecutionfs docu

ment No. 26ldF will receive exhibit No. 1330.

(Whereupon, the document above re-


No. 1330 andre'ceived in evidence.)

MR .. JUSTICE BORGERHOFF Ml;LDER: I rend

exhibit l33~:

"Dispatched: NovembeT 29, 19419

"Arrived: Nov·,~mber 30, 1941.

"Sent by: Consul- Goner3.1 ISHIZAWA.

uTa: Consul NONmmRA.,

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liSubject: :de investigating and reporting

of the movements of foreign ships (to be kept secret

for t for-eignt')"

"Code No. !Df signal 344.

"Telegra.m from the Minister, signal No.

2431.

"Urgent telegram.

"As from December 1st, please investiga.te

and telegraph in each instance: nCltion81ity, name,

port of arrival or departure, date of arrival or

departure, port of cestinat1on, etc. of foreign

merchantmen or warships operating in the PaCific,

the Indian Oceclll and the South China Sea zones."

THE PRESIDE~'T: We will adjourn now until ,--c----_________ ~ _________________ J ,


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half-past nine tomorrow morning.

(Whereupon, ~t 1600, an adjourn

ment was t~ken until Thunsday, 5 December

1946, at 0930.)

.11,939


INTERNATIONAL MILITARY TRmUNAL fon TH

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Transcript of INTERNATIONAL MILITARY TRmUNAL fon TH