Memorandum The documents in our possession show that OSHIMA favored Japan attacking Russia and even after Germany started the war with Russia he promised Ribbentrop that he would urge Japan to attack. That attitude of cooperation with Germany no doubt directed his thinking when he urged MATSUOKA against obtaining the Non-Aggression Pact with Russia. On or about December 3, 1941, he was directed to approach the German Government for the purpose set forth in a telegram, the gist of which he said was “that the Japanese Government in case of a United States-Japanese conflict desired German participation in this war, and further that the Japanese Government desired that a No Separate Peace Pact be signed.” OSHIMA admits that on the face of the pact there is no clause justifying this request of Germany in the event Japan started hostilities. He said this: “To explain a little further: Japan might have said, based on the interpretation of the word “attack”, which appears in the text, and by interpretation I do not mean from one language into another, that the attack had been started by the United States, because of acts which made it impossible for her not to go to war. This is not my argument, but one that Japan could possibly have advanced in case Germany had refused to enter the war on the grounds that she was not obliged to do so.” That interpretation of the word “attack” may account for the meaning of this entry in the diary of Count Ciano, under date of December 4, 1941.” Berlin’s reaction to the Japanese move is extremely cautious. Perhaps they will accept because they cannot get out of it.” On December 11, 1941, the No Separate Peace Pact was signed by Japan, Germany and Italy in Berlin, and Germany formally declared war against the United States. Three days thereafter, December 14, 1941, Hitler decorated OSHIMA with the Grand Cross of the Order of Merit of the German Eagle in gold. The record of that ceremony records “With cordial words he (Hitler) acknowledges his services in the achievement of a German-Japanese cooperation, which has now obtained its culmination in a close brotherhood of arms. General OSHIMA expresses his thanks for this great honor and emphasizes how glad he is that this brotherhood of arms has now come about between Germany and Japan.” If there were no other proof available, it would seem that the German documents in our possession clearly prove the existence of a conspiracy between Germany and Japan to wage aggressive war. The document under which the war plans and preparation of Japan is attempted to be justified is the Tripartite Pact. The only justification Japan attempts to present for invoking the aid of Germany in the Pacific war is that same document. The one person, from the point of view of Japan, who did as much or more than anyone else toward aligning Japan, Germany and Italy together in that pact, was Ambassador OSHIMA. His activities in that regard during the negotiations that collapsed in the summer of 1939, were clearly beyond the duties of Ambassador. He took the initiative and disagreed with his own Government. While he was not in public life when the pact was concluded his ideas had prevailed and almost immediately after the pact was signed he was appointed to his old Ambassadorial post where he effectuated the cooperation contemplated by the pact. I recommend that he be named as a conspirator and made a defendant. 1 1 The content of the above memorandum is essentially contained in the summary presented earlier starting on Page 6. 214