CAB129-45 — Page 161

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ANNEX

DRAFT OF A PUBLIC STATEMENT ON INDIVIDUAL

CLAIMS AGAINST JAPAN

With the indulgence of the House I should like to make a statement on the question of individual claims for loss of, or damage to, property and for personal injury, ill-treatment and death suffered at Japanese hands during the war.

2.

It is not the practice of His Majesty's Government to make public the instructions which they propose to give to delegations entrusted with the negotiation of treaties. However, they consider that the present case is exceptional, first because a Japanese peace treaty has been long delayed, and, secondly, because no international agreement concerning the payment of individual claims comparable to the resolutions contained in the final Act of the Paris Conference on Reparation has bem concluded amongst the Powers at war with Japan. In these special circumstances the Government believe that a statement of their attitude at this time will be in the public interest. (I am not referring to any questions relating to the ultimate settlement of outstanding pre-war debts.)

3

Individual claims against Japan fall into two main classes; first, claims in respect of loss of or damage to property, including financial losses, within Japan or in territories over-run by the Japanese during the war; and secondly, claims arising out of personal injury, ill-treatment and death in respect of both civilians, including internees, and members of the Armed Forces as prisoners of war. Claims already registered by individuals with His Majesty's Government in the United Kingdom on a voluntary basis and with the Governments of Colonial and Protected territories in respect of these categories are estimated to amount to several hundred million pounds,

4.

It was originally the intention that such claims should be pursued against the Japanese Government. This would require a clause in the peace treaty obliging the Japanese Government to meet claims of the categories referred to above which might be made by the nationals of any of the forty-nine States at war with Japan.

5.

As regards British property situated in Japan, His Majesty's Government intend to continue to press for its restoration intact, and where this is impossible for proper compensation which could of course be paid in yen.

6.

As regards other claims it is necessary to take into account Japan's capacity to pay in foreign exchange sums of the magnitude involved. The present position is that Japan remains a financial liability to the Allied Powers. Essential imports of food and raw materials for Japan have cost the United States Government little short of $1 million a day for the last five years. On any realistic estimate therefore, Japan would be quite unable to find the very large sums in foreign exchange required to meet all the individual claims which would be made.

His Majesty's Government have the deepest sympathy with those of all races who suffered at the hands of the Japanese, particularly with the relatives of those who died and all those who suffered injury or ill-treatment But in the circumstances they have reluctantly reached the conclusion that it is not practicable to press for the inclusion in a peace treaty with Japan l1obligation to pay individual claims for fogedna mage to property situated outside Japan and for personal injury and ill-treatment wherever suffered.

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