COPY.
(F 5960/4880/10)
CONFIDENTIAL.
Memorandum on question of claims
arising out of present hostilities in China.
47
On 20th August, 1937, a communication was addressed
to the Governments of Japan and China informing them that His
Majesty's Government must reserve all their rights as regards
holding them responsible for damage or loss to either life or
property that might be incurred by subjects of His Majesty as
a result of action taken by the Japanese and Chinese forces
respectively.
2.
It is anticipated that claims will fall into three
classes. The first class consists of claims which would be
good in international law, irrespective of the question whether
what has been happening in China is to be regarded as a war or
not; this includes all cases of looting by Chinese or Japanese
soldiers. Claims which fall into this class will be presented
against the Government whose troops were responsible for the
loss or damage sustained. In such cases as these the position
is that the military forces either were under the control of
officers at the time, in which case their Government is
clearly responsible, or, if they were not, that the Government
concerned is equally responsible for culpable negligence in
failing so to control thom. The legal basis for all these
claims is that there has been a breach of international law
arising out of the illegal actions of military forces.
3.
The second class consists of claims, if any, which
would be good in international law even if a state of war
existed/