53838/16/380
C:
[This Document is the Property of His Britannic Majesty's Government, and should be returned
to the Foreign Office if not required for official use.]
9.
6
From JAPAN.
Decode.
Sir R. Craigie (Tokyo).
9th December, 1938.
D.
12.45 p.m.
R. 9.30 a.m.
9th December, 1938.
9th December, 1938.
No. 1453. (R).
763c/63568/38
·Sex
My telegram No. 1446.
Following is summary of Japanese note of December 6th.
Japanese Government maintain that in case of war on land
neutrals cannot claim different treatment to residents in general
and that absolute inviolability of non-combatants in time of war
is not yet definitely established in international law. But it has been accepted by all countries in the past as a legal argument that, in case of war on land, neutrals cannot claim different
treatment as opposed to residents in general and British Government also has on former occasions disagreed with contrary interpretations. Consequently the infliction of damage or. non-combatants is not illegal in international law and risk of damage must be borne by
them. In the case of a deliberate attack on non-combatants
responsibility cannot be avoided. It is not always possible to
distinguish between combatants and non-combatants. Japanese
Government consequently maintain that contention that they must
in every case assume responsibility for damage to British subjects, is mistaken as a legal argument. Japanese Government deny
responsibility for ensuring that lives and property of British subjects in China should not be made objects of attack.
must share the risks of other residents in China.
Latter
Aeroplanes known to be British will be treated with care
when flying over area of hostilities but they should expect to be subjected to measures necessary to prevent their interfering with
operations