FO371-24687 — Page 284

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NOTHING

ΤΟ

BE

WRITTEN

IN

THIS

MARGIN.

Minutes.

what is the position

tion in

Ш

190 ternational

low about the release of such

under loved ward (B)

unfit

men

(a)

in

a

state of

in

a state

of

declared war.

It would

be useful to be able to tell

the Jfse of that there is

no

objection even under (b), it this should prove

Sir J. Brenan

Mr Dean.

P.D. 21.1.441.

the the case.

T.E. Browly

2/1

As there is no declared state of war between Japan and China we are not strictly required to intern these soldiers, but we have done so hitherto in order to placate the Japanese.

The matter was raised at Tokyo in March last by the Military Attaché with the Director of Military Intelligence, when the latter admitted that internment was not required under inter- national law and that the release of the men wok make no difference to Japan; but he deprecated release as it "would be taken as another sign of unfriendly action by H.M.G." Sir R. Craigie thought that the question could be reconsidered in the event of a substantial inprovement in Anglo-Japanese relations, which was expected to follow the conclusion of the Tientsin agreement (F 1741/177/10). That was the period in which we were continually being told that if only we made some concession or other to the Japanese a long vista of mutual friendship was just round the corner. The Tientsin agreement was to have been one of these turning points and the closure of the Burma Road was another.

We are now, I think, becoming less recep- tive to this technique, and since the conclusion of the Axis Pact there has been a general ten- dency to substitute non-belligerency for neutrality. I suggest therefore that there is no longer any reason for detaining these inter- ees. Their release is extremely unlikely to provoke Japan to open hostilities, which is all ve now care about; and doubtless many unneutral acts by Japan could be alleged in reply if the Ja anese protested. If caution is still con- sidered necessary, the'men could be released gradually on medical grounds. There are over seven hundred of them, and in any case it would presumably be desirable to dispose of them in instalments.

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