[Secret]
From: Tokyo
To: Nanking, Shanghai, Peking, Hsinking
December 4, 1941
Purple
Circular #2468 Separate wire, Restricted Distribution.
(Secret outside the Department).
1.
Until a state of war develops between Japan and the Netherlands, the
Netherlands Government will be considered a quasi-enemy power. Already they
have put into force prohibitions regarding the use of codes and are exercising
rigid control and surveillance of our officials (consequently it is indicated
that they are positively working in conjunction with enemy powers).
2.
In the event the Netherlands declares war, we will issue a declaration to the
effect that a state of war exists between Japan and the Netherlands. In the
event that a state of war exists between our country and the Netherlands before
the Netherlands has actually made a declaration of war, we will issue a
declaration to the effect that a state of war exists between Japan and the
Netherlands. Otherwise, in accordance with International Law, we will treat her
as an enemy nation.
A.
The advantages accruing the Netherlands Government through repudiation would be
that at the same time she carried out her repudiation she would declare the
Minister to be persona non grata. Though there are indications that she has
gone beyond this, there will be no need to handle the situation any other way
but in accordance with (1) above.
B.
Should the Netherlands Government repudiate this, there will be no responsibility
under International Law for the Netherlands to protect our nationals in the
Netherlands East Indies. Then, too, even after a state of war has been brought
about in her relations with us, she will be forced to stand in the position of
not accepting a protest under International Law. Then again, she could bring
about great inconvenience by demanding the evacuation of our Consular
officials.
C.
To date the Netherlands Government has actually maintained her position under
International Law, but should she repudiate this, there would be no advantage
in any other plan but A, mentioned above. Then, too, in the event that the
Netherlands Government begins hostilities, this would indicate her intention to
repudiate our relationships and there would be no necessity to handle her in
any other way but as a qiesa enemy nation.
(Translation
sketchy due to garbles.)
Army 26101 (Japanese) Trans. 12/11/41
(EXHIBITS OF JOINT COMMITTEE , EXHIBIT NO. 1 INTERCEPTED DIPLOMATIC MESSAGES SENT BY THE JAPANESE GOVERNMENT BETWEEN JULY l AND DECEMBER 8, 1941)