15 Feb. 1946 not obligated to furnish aid unconditionally. The Commission was to decide whether the attack had occurred or not. Q. I now have before me Article 4 of the pact, which reads: “With a view to implementing the present pact, joint technical commissions, the members of which are to be appointed by the respective Governments of Japan, Germany and Italy, shall meet without delay. ” General, nowhere can I find in that article anything that says that this Commission is going to decide who has been attacked and who the attacker is. A. I believe that nowhere on the surface will you find that, as it would weaken the pact. It is, I think, a secret agreement. Q. Yesterday, you indicated to us, just before we adjourned that there were some secret agreements or memoranda. Do you intend, General, as you proceed with your recital of events to tell us about those secret understandings? A. I had intended to speak about the matter. Will you kindly hear me out on this narrative? As you seemed to be interested yesterday evening in these secret - what you called memoranda - I thought those over carefully last night and tried to recall their texts, but I find that I am not quite up to remembering a great deal, as I did not have any direct connection with the drawing up this treaty. However, the fact that secret diplomatic documents (I would like to have you use the word “document”) do exist is a positive truth. The ones that I do know about, for example, include one in which the term “Greater East Asia (Dail Tao) was defined and the limit of its area fixed. Another one, I believe, has to do with the mandated islands and their status. 1 This is about all that I can remember, but I believe that you should be able to get a hold of these documents at the Foreign Office without any trouble. To sum up, it is my belief that these secret documents dealt with some of the finer details of the pact and also cleared up matters which were not set forth for the public view. Q. Was there any document signed by the Military representatives of the several nations? A. No. Q. Do you say “no” meaning absolutely there was none or are you in a position to know? A. To the best of my knowledge and belief there was none. However, in due course of time there was an agreement drawn up, of which I will tell you in the course of my narrative. Q. That is, I assume, the No Separate Peace Pact? A. After that. Q. Then there are two of those coming up? A. Yes. This is just a suggestion, but you might find it helpful to call in the head of the Legal Department of the Foreign Office at that time, who was instrumental in drawing up the treaty. Q. That is a good suggestion. Will you tell us if you know who that man was at that time? A. I am not sure, but if you look it up you should be able to find out easily. The one point here that I feel should be made clear is that while I do not know what form the agreement took I definitely know that there was an agreement concerning the deciding of whether a nation was the aggressor 1 These “mandated” islands included Palau, Northern Mariana Islands, Federated States of Micronesia, and Marshall Islands. Japan had governed them since the end of WWI as part of a “mandate”. 91