Declarations and treaties

From Washington to San Francisco via the USS Missouri

By William Wetherall

First posted 1 January 2007
Last updated 27 August 2014


Wars 1942 UN Declaration | 1943 Moscow Declaration | 1943 Cairo Declaration | 1945-2 Yalta Agreement | 1945-7 Potsdam Declaration | 1945-8 Peace overture and response
Surrenders Rescript ending war | Rescript on surrender | Instrument of Surrender | Imperial General Headquarters General Order No. 1 | Earlier draft of General Order No. 1 | Surrender of Chosen South of 38th parallel | Surrender of Taiwan
Peaces 1945 United Nations Charter | 1945 Moscow Conference Communique | 1952 San Francisco Peace Treaty
1919 Versailles Treaty Belgium | Saar Basin | Alsace-Lorraine | Austria | Czechoslovakia | Poland | Memel | Danzig | Schleswig
1947 Peace Treaty with ItalyNationality options for Italians domiciled in ceded territories or in Italy
Related article Nationalization treaties: Territorial transfers and status changes in war and peace


War declarations and agreements

As the Allied Powers anticipated victory in World War II, they made a number of declarations and agreements, some of which were publicized, while parts of others were kept secret.

Here we will look only at the major declarations and agreements which related to the war against Japan, especially parts that affected territorial and subnationality settlements.

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United Nations Declaration

1 January 1942

The United Nations, though not formally chartered until 24 June 1945 (effective 24 October), declared its existence less than a month after Japan attacked Pearl Harbor.

The declaration was a pledge among the signatory states, later joined by a number of adherent states, to defeat the Tripartite Pact -- Germany, Italy, and Japan -- and not separately make peace with the Axis states. It figures in Article 26 of the San Francisco Peace Treaty, which in effect obliges Japan to make a separate peace treaty with the Republic of China.

The declaration was made in Washington.

1942 United Nations Declaration

Declaration by United Nations

(Subscribing to the Principles of the Atlantic Charter, January 1, 1942)

A Joint Declaration by the United States, the United Kingdom, the Union of Soviet Socialist Republics, China, Australia, Belgium, Canada, Costa Rica, Cuba, Czechoslovakia, Dominican Republic, El Salvador, Greece, Guatemala, Haiti, Honduras, India, Luxembourg, Netherlands, New Zealand, Nicaragua, Norway, Panama, Poland, South Africa, Yugoslavia

The Governments signatory hereto,

Having subscribed to a common program of purposes and principles embodied in the Joint Declaration of the President of the United States of America and the Prime Minister of the United Kingdom of Great Britain and Northern Ireland dated August 14, 1941, known as the Atlantic Charter.

Being convinced that complete victory over their enemies is essential to defend life, liberty, independence and religious freedom, and to preserve human rights and justice in their own lands as well as in other lands, and that they are now engaged in a common struggle against savage and brutal forces seeking to subjugate the world,

DECLARE:

(1) Each Government pledges itself to employ its full resources, military or economic, against those members of the Tripartite Pact and its adherents with which such government is at war.

(2) Each Government pledges itself to cooperate with the Governments signatory hereto and not to make a separate armistice or peace with the enemies.

The foregoing declaration may be adhered to by other nations which are, or which may be, rendering material assistance and contributions in the struggle for victory over Hitlerism.

Done at Washington

January First, 1942

[The signatories to the Declaration by United Nations are as listed above.]

The adherents to the Declaration by United Nations, together with the date of communication of adherence, are as follows:

Mexico June 5, 1942
Philippines June 10, 1942
Ethiopia July 28, 1942
Iraq Jan. 16, 1943
Brazil Feb. 8, 1943
Bolivia Apr. 27, 1943
Iran Sept. 10, 1943
Colombia Dec. 22, 1943
Liberia Feb. 26, 1944
France Dec. 26, 1944
Ecuador Feb. 7, 1945
Peru Feb. 11, 1945
Chile Feb. 12, 1945
Paraguay Feb. 12, 1945
Venezuela Feb. 16, 1945
Uruguay Feb. 23, 1945
Turkey Feb. 24, 1945
Egypt Feb. 27, 1945
Saudi Arabia Mar. 1, 1945
Lebanon Mar. 1, 1945
Syria Mar. 1, 1945

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Moscow Declaration

30 October 1943

Three declarations and one statement were issued during the Moscow Conference convened in Moscow from 18 October to 1 November 1943 between the foreign ministers of the United Kingdom, the United States, the Republic of China, and the Soviet Union. On 30 October 1943, all four ministers signed a "Joint Four-Nation Declaration" while the UK, US, and USSR ministers signed separate declarations regarding Italy and Austria, and the prime minister, president, and premier of the UK, US, and USSR signed a statement on German atrocities. The declarations and statement were issued on 1 November 1943.

In the joint declaration on general security, the four major Allied Powers agreed, pursuant to the declaration of the United Nations they had signed with many other states on 1 January 1942, "to continue hostilities against those Axis powers with which they respectively are at war until such powers have laid down their arms on the basis of unconditional surrender". The US, UK, and the USSR were commonly at war with Germany and Italy, and the US, UK, and China were commonly at war with Japan -- which was to be the subject of the Cairo Conference.

Here I am showing the text of the declaration regarding the liberation of Austria, as it contrasts sharply with how the heads of state of the Allied Powers envisioned the liberation of Korea in the Cairo Declaration signed a month later (see below).

1943 Moscow Declaration

DECLARATION ON AUSTRIA

The governments of the United Kingdom, the Soviet Union and the United States of America [represented by their foreign secretaries] are agreed that Austria, the first free country to fall a victim to Hitlerite aggression, shall be liberated from German domination.

They regard the annexation imposed on Austria by Germany on March 15, 1938, as null and void. They consider themselves as in no way bound by any changes effected in Austria since that date. They declare that they wish to see re-established a free and independent Austria and thereby to open the way for the Austrian people themselves, as well as those neighboring States which will be face with similar problems, to find that political and economic security which is the only basis for lasting peace.

Austria is reminded, however, that she has a responsibility which she cannot evade for participation in the war at the side of Hitlerite Germany, and that in the final settlement account will inevitably be taken of her own contribution to her liberation.

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Cairo Declaration

27 November 1943

The Cairo Declaration was issued after the Cairo Conference of 22-26 November 1943 in Egypt, attended and signed by US President Franklin D. Roosevelt, ROC President Generalissimo Chiang Kai-shek, and British Prime Minister Sir Winston Churchill.

The declaration calls for the restoration to China of all territories Japan is accused of having "stolen" -- including Manchuria, Formosa, and the Pescadores. It also provides for the eventual liberation of the people of Korea from Japanese "enslavement".

The Soviet Union is not a party to this conference, and nothing is said about the former Russian territories, for the USSR is still honoring its peace treaty with Japan in order to deal with Germany's invasion.

1943 Cairo Declaration

The several military missions have agreed upon future military operations against Japan. The Three Great Allies expressed their resolve to bring unrelenting pressure against their brutal enemies by sea, land, and air. This pressure is already rising.

The Three Great Allies are fighting this war to restrain and punish the aggression of Japan. They covet no gain for themselves and have no thought of territorial expansion. It is their purpose that Japan shall be stripped of all the islands in the Pacific which she has seized or occupied since the beginning of the first World War in 1914, and that all the territories Japan has stolen from the Chinese, such as Manchuria, Formosa, and the Pescadores, shall be restored to the Republic of China. Japan will also be expelled from all other territories which she has taken by violence and greed. The aforesaid three great powers, mindful of the enslavement of the people of Korea, are determined that in due course Korea shall become free and independent.

With these objects in view the three Allies, in harmony with those of the United Nations at war with Japan, will continue to persevere in the serious and prolonged operations necessary to procure the unconditional surrender of Japan.

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Yalta Agreement

11 February 1945

The Yalta Agreement, a product of the Yalta (Crimea) Conference of 4-11 February 1945 at Yalta in Crimea in the Soviet Union, was signed by Joseph Stalin, Franklin D. Roosevelt, and Winston S. Churchill. Chiang Kai-shek was not a party to this conference, though the agreement implies that he would accept its terms.

The agreement set down the framework for prosecuting the war with Japan after the end of the war in Europe. The provisions of the agreement reflect what the Soviet Union sought in return for entering the war with Japan now after the imminent defeat of Germany.

Some parts of the agreement which turned back the clock in China, such as the restoration of Port Arthur as a USSR naval base, were unacceptable to Chiang Kai-shek. However, the agreement that the USSR receive the territories Russia ceded to Japan in 1904, and also the Kuril islands, survived in the San Francisco Peace Treaty.

Secrecy

The Yalta Agreement is one of the more controversial developments of the war. It was made in secret, for the most obvious reason that the USSR was then abiding by the Soviet-Japanese Neutrality Pact of 1941. It's content was unknown even to James F. Byrnes, Roosevelt's Secretary of State, who accompanied the US president to Yalta.

1945 Yalta Agreement

The leaders of the three Great Powers -- the Soviet Union, the United States of America and Great Britain -- have agreed that in two or three months after Germany has surrendered and the war in Europe has terminated the Soviet Union shall enter into the war against Japan on the side of the Allies on condition that:

1. The status quo in Outer-Mongolia (The Mongolian People's Republic) shall be preserved;

2. The former rights of Russia violated by the treacherous attack of Japan in 1904 shall be restored, viz:

(a) the southern part of Sakhalin as well as all the islands adjacent to it shall be returned to the Soviet Union,

(b) the commercial port of Dairen shall be internationalized, the preeminent interests of the Soviet Union in this port being safeguarded and the lease of Port Arthur as a naval base of the USSR restored,

(c) the Chinese-Eastern Railroad and the South-Manchurian Railroad which provides an outlet to Dairen shall be jointly operated by the establishment of a joint Soviet-Chinese Company it being understood that the preeminent interests of the Soviet Union shall be safeguarded and that China shall retain full sovereignty in Manchuria;

3. The Kuril islands shall be handed over to the Soviet Union.

It is understood, that the agreement concerning Outer-Mongolia and the ports and railroads referred to above will require concurrence of Generalissimo Chiang Kai-shek. The President will take measures in order to obtain this concurrence on advice from Marshal Stalin.

The Heads of the three Great Powers have agreed that these claims of the Soviet Union shall be unquestionably fulfilled after Japan has been defeated.

For its part the Soviet Union expresses its readiness to conclude with the National Government of China a pact of friendship and alliance between the USSR and China in order to render assistance to China with its armed forces for the purpose of liberating China from the Japanese yoke.

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Potsdam Declaration

26 July 1945

The terms of surrender were stated in the Potsdam Declaration, also known as the Proclamation Defining Terms For Japanese Surrender, signed and issued on 26 July 1945 by US President Harry S. Truman and British Prime Minister Clement Atlee, and endorsed by ROC President Chiang Kai-shek.

The terms became the foundation of the Instrument of Surrender, which formally ended the war with Japan and subjected Japan's sovereignty to control by the Allied Powers, and the San Francisco Peace Treaty, which ended the Allied occupation and restored sovereignty to Japan.

The terms cite the authority of the Declaration and limit Japan's sovereignty to its four major islands and minor islands as determined by the Allies.

1945 Potsdam Declaration

(1) We -- the President of the United States, the President of the National Government of the Republic of China, and the Prime Minister of Great Britain, representing the hundreds of millions of our countrymen, have conferred and agree that Japan shall be given an opportunity to end this war.

(2) The prodigious land, sea and air forces of the United States, the British Empire and of China, many times reinforced by their armies and air fleets from the west, are poised to strike the final blows upon Japan. This military power is sustained and inspired by the determination of all the Allied Nations to prosecute the war against Japan until she ceases to resist.

(3) The result of the futile and senseless German resistance to the might of the aroused free peoples of the world stands forth in awful clarity as an example to the people of Japan. The might that now converges on Japan is immeasurably greater than that which, when applied to the resisting Nazis, necessarily laid waste to the lands, the industry and the method of life of the whole German people. The full application of our military power, backed by our resolve, will mean the inevitable and complete destruction of the Japanese armed forces and just as inevitably the utter devastation of the Japanese homeland.

(4) The time has come for Japan to decide whether she will continue to be controlled by those self-willed militaristic advisers whose unintelligent calculations have brought the Empire of Japan to the threshold of annihilation, or whether she will follow the path of reason.

(5) Following are our terms. We will not deviate from them. There are no alternatives. We shall brook no delay.

(6) There must be eliminated for all time the authority and influence of those who have deceived and misled the people of Japan into embarking on world conquest, for we insist that a new order of peace, security and justice will be impossible until irresponsible militarism is driven from the world.

(7) Until such a new order is established and until there is convincing proof that Japan's warmaking power is destroyed, points in Japanese territory to be designated by the Allies shall be occupied to secure the achievement of the basic objectives we are here setting forth.

(8) The terms of the Cairo Declaration shall be carried out and Japanese sovereignty shall be limited to the islands of Honshu, Hokkaido, Kyushu, Shikoku and such minor islands as we determine

(9) The Japanese military forces, after being completely disarmed, shall be permitted to return to their homes with the opportunity to lead peaceful and productive lives.

(10) We do not intend that the Japanese shall be enslaved as a race or destroyed as a nation, but stern justice shall be meted out to all war criminals, including those who have visited cruelties upon our prisoners. The Japanese Government shall remove all obstacles to the revival and strengthening of democratic tendencies among the Japanese people. Freedom of speech, of religion, and of thought, as well as respect for the fundamental human rights shall be established.

(11) Japan shall be permitted to maintain such industries as will sustain her economy and permit the exaction of just reparations in kind, but not those which would enable her to re-arm for war. To this end, access to, as distinguished from control of, raw materials shall be permitted. Eventual Japanese participation in world trade relations shall be permitted.

(12) The occupying forces of the Allies shall be withdrawn from Japan as soon as these objectives have been accomplished and there has been established in accordance with the freely expressed will of the Japanese people a peacefully inclined and responsible government.

(13) We call upon the government of Japan to proclaim now the unconditional surrender of all Japanese armed forces, and to provide proper and adequate assurances of their good faith in such action. The alternative for Japan is prompt and utter destruction.

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Japan's peace overture and the Allied response

10-12 August 1945

Japan made a couple of peace overtures in the last months of World War II in Asia and the Pacific. One, conveyed through the Soviet Union when the USSR was still honoring its peace agreement with Japan, appears not to have reached the other Allied Powers. A second overture, sent in duplicate to the Allied Powers through Switzerland and Sweden the day after the bombing of Nagasaki, got the war-ending faction in Japan what it wanted.

I am posting here the second overture and the Allied response.

10 August overture

Archivists call the second overture "Note of the Japanese Government of August 10 regarding their Acceptance of the Provisions of the Potsdam Declaration" (ポツダム受諾に関する8月10日付日本国政府申入).

One copy went the United States and China through Kase Shun'ichi, Japan's minister to Switzerland (Ministry of Foreign Affairs circulars 648 and 649). Another copy went to the Soviet Union and Great Britain through Okamoto Suemasa, Japan's minister to Sweden.

Both of the English versions were transmitted from Tokyo by Foreign Minister Togo Shigenori about 9:00 on 10 August. A Japanese version went to Kase and Okamoto about 10:15 the same day.

12 August reply

The Allied Powers replied to Togo in a document called "Answer of the United States Government to the Japanese Government on Behalf of the Governments of the United States, the United Kingdom, the Union of Soviet Socialist Republics and China" (四国回答文に関する件).

One copy of the reply was transmitted from Bern at 23:24 on 11 August and reached Tokyo at 18:40 on 12 August. A second copy was transmitted from Stockholm at 9:40 on 12 August and reached Tokyo at 7:40 on 13 August.

14 August acceptance

Togo notified the Allied Powers of the government of Japan's decision to accept the Potsdam Declaration, and that the emperor had issued a rescript that effect, in a note transmitted to Kase about 11:00 on 14 August.

This note is called "Communication of the Japanese Government of August 14th 1945 addressed to the Governments of the United States, Great Britain, the Soviet Union and China" (米英蘇支四国ニ対スル八月十四日附日本国政府通告).

Japan's peace overture and the Allied response
"prejudices the prerogatives of His Majesty as a sovereign ruler"

English and Japanese texts

The English and Japanese texts are adapted from versions in the "Records of Negotiations Related to the Acceptance of the Potsdam Declaration" (ポツダム宣言受諾に関する交渉記録) section of the National Diet Library digital exhibition of primary documents related to

日本憲法の誕生 (Birth of the Constitution of Japan). Most documents are viewable as image files. Some are also presented as text files.

Note of the Japanese Government of August 10 regarding their Acceptance of the Provisions of the Potsdam Declaration

ポツダム受諾に関する8月10日付日本国政府申入

In obedience to the gracious command of His Majesty the Emperor who, ever anxious to enhance the cause of world peace, desires earnestly to bring about an early termination of hostilities with a view to saving mankind from the calamities to be imposed upon them by further continuation of the war, the Japanese Government asked several weeks ago the Soviet Government, with which neutral relations then prevailed, to render good offices in restoring peace vis-a-vis the enemy Powers. Unfortunately, these efforts in the interest of peace having failed, the Japanese Government, in conformity with the august wish of His Majesty to restore the general peace and desiring to put an end to the untold sufferings entailed by war as quickly as possible, have decided upon the following:

The Japanese Government are ready to accept the terms enumerated in the Joint Declaration which was issued at Potsdam on July 26th, 1945 by the heads of the Governments of the United States, Great Britain and China, and later subscribed by the Soviet Government, with the understanding that the said Declaration does not comprise any demand which prejudices the prerogatives of His Majesty as a sovereign ruler.

The Japanese Government hope sincerely that this understanding is warranted and desire keenly that an explicit indication to that effect will be speedily forthcoming.

[ Final graph of note sent to the United States and China via Switzerland ]   The Japanese Government have the honor to request the Government of Switzerland to be good enough to forward immediately the above communications to the Governments of the United States and China.

[ Final graph of note sent to the Soviet Union and Great Britain via Sweden ]   The Japanese Government have the honor to request the Royal Swedish Government to be good enough to forward immediately the above communications to the Governments of the Soviet Union and Great Britain.

帝国政府ニ於テハ常ニ世界平和ノ促進ヲ冀求シ給ヒ今次戦争ノ継続ニ依リ齎ラサルヘキ惨禍ヨリ人類ヲ免カレシメンカ為速ナル戦闘ノ終結ヲ祈念シ給フ

天皇陛下ノ大御心ニ従ヒ数週間前当時中立関係ニ在リタル「ソヴィエト」聯邦政府ニ対シ敵国トノ平和恢復ノ為斡旋ヲ依頼セルカ不幸ニシテ右帝国政府ノ平和招来ニ対スル努力ハ結実ヲ見ス茲ニ於テ帝国政府ハ

天皇陛下ノ一般的平和克服ニ対スル御祈念ニ基キ戦争ノ惨禍ヲ出来得ル限リ速ニ終止セシメンコトヲ欲シ左ノ通リ決定セリ

帝国政府ハ一九四五年七月二十六日「ポツダム」ニ於テ米、英、支三国政府首脳者ニ依リ発表セラレ爾後「ソ」聯政府ノ参加ヲ見タル共同宣言ニ挙ケラレタル条件ヲ右宣言ハ天皇ノ国家統治ノ大権ヲ変更スルノ要求ヲ包含シ居ラサルコトノ了解ノ下ニ受諾ス

帝国政府ハ右了解ニシテ誤リナキヲ信シ本件ニ関スル明確ナル意向カ速ニ表示セラレンコトヲ切望ス

Answer of the United States Government to the Japanese Government on Behalf of the Governments of the United States, the United Kingdom, the Union of Soviet Socialist Republics and China

四国回答文に関する件

With regard to The Japanese Government's message accepting the terms of The Potsdam Proclamation but containing the statement -- with the understanding that the said declaration does not comprise any demand which prejudices the prerogatives of His Majesty as a sovereign ruler -- Our position is as follows:

From the moment of surrender the authority of the Emperor and the Japanese Government to rule the state shall be subject to the Supreme Commander of the Allied Powers who will take such steps as he deems proper to effectuate the surrender terms.

The Emperor will be required to authorize and ensure the signature by the Government of Japan and the Japanese Imperial General Headquarters of the surrender terms necessary to carry out the provisions of the Potsdam Declaration and shall issue his commands to all the Japanese military naval and air authorities and to all the forces under their control wherever located to cease active operations and to surrender their arms and to issue such other orders as the Supreme Commander may require to give effect to the surrender terms. Immediately upon the surrender the Japanese Government shall transport prisoners of war and civilian internees to places of safety as directed where they can quickly be placed aboard allied transports.

The ultimate form of Government of Japan shall in accordance with the Potsdam Declaration be established by the freely expressed will of the Japanese people.

The armed forces of the Allied Powers will remain in Japan until the purposes set forth in the Potsdam Declaration are achieved.

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Surrenders

Hirohito himself did not surrender, nor was he expected to. The Potsdam Declaration sought the surrender of the Japanese government and the military. Hirohito was merely the sovereign who needed to order the surrender of the government and military.

Rescript ending war and Manila Conference

Hirohito's 14 August 1945 rescript was an announcement of his acceptance of the terms of the Potsdam Declaration. A recording of this rescript was broadcast on 15 August, and ceasefire orders were issued on 16 August.

On 19-20 August, Japanese delegates met with aids of the Supreme Commander for the Allied Powers in Manila to make preparations for the movement of SCAP to Japan later that month, and for the formal surrender. Surrender documents already prepared by the United States were translated and reviewed at this time.

General surrender

The general surrender ceremony was held on board the USS Missouri in Tokyo Bay on 2 September. The Instruments of Surrender were signed by two Japanese officials, one representing the government, the other representing the military. Both were equipped with imperial affidavits giving them plenipotentiary powers.

On the day of surrender, Hirohito issued a rescript, which had the legal effect of sanctioning the surrender. The rescript reiterated earlier orders to cease hostilities, and ordered compliance with the provisions of the surrender and the General Order to be issued by the Imperial General Headquarters in conjunction with the surrender.

General Order No. 1

General Order No. 1 was essentially a list of instructions for how Japan would go about formally surrendering its government officers and military units throughout the empire. It stipulated, for example, that Taiwan would be surrendered to Generalissimo Chiang Kai-shek, and that Chosen south of the 38th parallel would be surrendered to the Commander-in-Chief, U.S. Army Forces in the Pacific.

Here we will look at these surrender-related documents -- all of them, including the rescript on surrender, prepared in Washington, D.C. before Hirohito had even accepted the Potsdam Declaration.

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Imperial rescript ending war

14 August 1945

The rescript promulgated by Hirohito on 14 August 1945, and broadcast on 15 August, was not a formal surrender but an announcement to his subjects that he had "caused the Imperial Government to communicate toward the four States of the United States of America, Great Britain, the Republic of China, and the Soviet Union, to the effect that [the Imperial Government] accepts their Joint Proclamation."

The rescript went on to explain why the government would be accepting the terms of the Potsdam Declaration, and why its was incumbent upon imperial subjects not to do anything that would harm the imperishability of the divine provinces and the National Body-politic.

In Japanese the rescript is called 終戦ノ詔書 or "Imperial Rescript ending the war". See Imperial Rescript ending war: What Hirohito really said in his acceptance speech for an extensive look at the formal announcement Hirohito made to his subjects of his decision to unconditionally surrender.

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Imperial rescript on surrender

2 September 1945

The rescript issued by Hirohito on 2 September 1945, on the occasion of the signing of the general Instrument of Surrender, was actually drafted in English -- several days before Hirohito issued his rescript on accepting the terms of the Potsdam Declaration, thus ending the war.

Concrete planning for Japan's unconditional surrender began immediately after the Potsdam Declaration was issued on 26 July 1945. Drafts of surrender-related documents, including an imperial proclamation, were initiated in late July and early August.

2 September 1945 Imperial rescript on surrender
"I / We command all my / Our people . . .

Japanese text

The Japanese text is a slightly reformatted version of the document as posted on the website of Nagai Kazu, a professor of history at Kyoto University, Graduate School of Letters, Faculty of Letters, Department of Contemporary History. Nagai's website introduces drafts and final versions of several primary documents related to the end of World War II in East Asia and the Pacific and the Occupation of Japan.

The reference given for the Japanese text is Ashida Hitoshi, "Dai-ni-ji sekai taisen gaikō shi" [Diplomatic history of the World War II], Tokyo: Jiji Tsūshinsha, 1959, page 688 (芦田均『第2次世界大戦外交史』時事通信社).

I have vetted the text against images of the rescript, also posted on Nagai's website, attributed to Japanese Surrender Documents, Records of the United States Joint Chief of Staff RG218, The National Archives, Washington. I have corrected the punctuation and some kana, restored a few characters to their original form, and supplied the characters for Hirohito's signature.

English text

The English text is a reformatted version of the text as posted at ibiblio website. This version is available on many websites. Oddly it is identified as a "Translation of Emperor Hirohito's Receipt of the Surrender documents" -- when in fact only the signatures have been "translated" from Japanese, the main body of the Japanese being a translation from English.

Order of signatures

Note that the order of signatures of the Cabinet members in the Japanese and English versions are different. The order in the Japanese version reflects the ranks of the signing officials irrespective of their ministerial posts. The order in the English version reflects the importance of the ministerial posts, in the eyes of the Allied Powers, irrespective of the ranks of those who hold the posts.

Hence the ministers of Foreign Affairs, Home Affairs, Finance, War, Navy, and Justice head the English list. Whereas Konoe Fumimaro -- who heads the Japanese list because he is a Prince -- is grouped at the bottom of the list with two other ministers of state without portfolio -- and his title of nobility is ignored.

Proclamation by the Emperor of Japan [Imperial Rescript] 降伏文書ノ誓約履行ノ詔書

Accepting the terms set forth in the Declaration issued by the heads of the Governments of the United States, Great Britain and China on July 26, 1945 at Potsdam and subsequently adhered to by the Union of Soviet Socialist Republics, We have commanded the Japanese Imperial Government and the Japanese Imperial General Headquarters to sign on Our behalf the instrument of surrender presented by the Supreme Commander for the Allied Powers and to issue General Orders to the Military and Naval forces in accordance with the direction of the Supreme Commander for the Allied Powers. We command all Our people [ all Our subjects ] forthwith to cease hostilities, to lay down their arms and faithfully to carry out all the provisions of the instrument of surrender and the General Orders issued by the Japanese Imperial General Headquarters thereunder.

This second day of the ninth month of the twentieth year of Showa

Seal of
the
Emperor
   Hirohito [signed]

Naruhiko-o    Prime Minister [countersigned]

Mamoru Shigemitsu    Minister of Foreign Affairs
Iwao Yamazaki    Minister of Home Affairs
Juichi Tsushima    Minister of Finance
Sadamu Shimomura    Minister of War
Mitsumasa Yonai    Minister of Navy
Chuzo Iwata    Minister of Justice
Tamon Maeda    Minister of Education
Kenzo Matsumura    Minister of Welfare
Kotaro Sengoku    Minister of Agriculture and Forestry
Chikuhei Nakajima    Minister of Commerce and Industry
Naoto Kobiyama    Minister of Transportation
[ Prince ] Fumimaro Konoe    Minister without Portfolio
Taketora Ogata    Minister without Portfolio
Binshiro Obata    Minister without Portfolio

朕ハ昭和二十年七月二十六日米英支各國政府ノ首班カポツダムニ於テ發シ後ニ蘇聯邦カ參加シタル宣言ノ掲クル諸條項ヲ受諾シ帝國政府及大本營ニ對シ聯合國最高司令官カ提示シタル降伏文書ニ朕ニ代リ署名シ且聯合國最高司令官ノ指示ニ基キ陸海軍ニ對スル一般命令ヲ發スヘキコトヲ命シタリ朕ハ朕カ臣民ニ對シ、敵対行爲ヲ直ニ止メ武器ヲ措キ且降伏文書ノ一切ノ條項竝ニ帝國政府及大本營ノ發スル一般命令ヲ誠實ニ履行セムコトヲ命ス

裕仁 御天
璽皇

昭和二十年九月ニ日

内閣總理大臣 稔彦王

國務大臣 公爵 近衛文麿
海軍大臣 米内光政
外務大臣 重光葵
運輸大臣 小日山直登
大藏大臣 津島壽一
司法大臣 岩田宙造
農林大臣 千石輿太郎
国務大臣 緒方竹虎
内務大臣 山崎厳
商工大臣 中島知久平
厚生大臣 松村謙三
文部大臣 前田多門
國務大臣 小畑敏四郎
陸軍大臣 下村定

Royal "we" substituted for "I"

An outline of the substance of what Hirohito was expected to proclaim on the day of surrender had already been made by 10 August, when JCS 1275/8 was circulated. In Japan it was 9 August, the day Nagasaki was bombed. The next day, Japan would offer to accept the Potsdam Declaration "with the understanding that the said Declaration does not comprise any demand which prejudices the prerogatives of His Majesty as a sovereign ruler."

JCS 1275/8 (9 August 1945)

Appendix A of JCS 1275/8 consisted of a draft of the "Proclamation by the Emperor of Japan" as the imperial rescript was called in English. In Japanese it is usually called 降伏文書ノ誓約履行ノ詔書 (Kōfuku bunsho no seiyaku rikō no shōsho) or "Imperial rescript on fulfillment of pledges in instrument of surrender".

Commentary associated with the 10 August draft of the proclamation, and traces of editing in the draft, suggest that it was at least a second draft. JCS 1275/8 contained the following remark about the language of the draft.

5. The Proclamations by the Emperor of Japan (Appendix "A") has been modified to delete all reference to a surrender by the Emperor himself. This conforms with the Potsdam Ultimatum under which the surrender is to be on the military level. The royal "we" has been substituted for the "I" in order to conform with Japanese custom in drafting imperial rescripts. In the translation of the Proclamation it may be necessary to further accord to Japanese formal language but the substance of the Proclamation should remain the same.

While Japan and the United States are dickering over the terms of the Potsdam Declaration in communications exchanged through Switzerland, JCS planners are trying to make an English draft of an imperial rescript they expect to be translated into Japanese sound "royal" in the manner of what they take to be a "Japanese custom". While the "I/my" faction appears to have held sway through the next draft, at some point the "We/Our" faction prevailed.

JCS 1467 (13 August 1945)

The draft appended to JCS 1275/8 was fleshed-out, presidentially approved, and circulated in JCS 1467, which was dated 13 August 1945 -- or 14 August on Japan's calendar. This was the day Hirohito attached his seal to the war-ending rescript and recorded it for broadcasting the following day (see above).

American authorities had already decided what Hirohito would proclaim when it came time for him to formally act upon his 14 August rescript.

JCS 1467 also included a draft of the Instrument of Surrender, and a draft of the directive that would make General MacArthur the Supreme Commander for the Allied Powers. Only the draft of General Order No. 1, consisting of surrender instructions for the entire Asia-Pacific theater, had not yet been finalized.

The draft of the proclamation enclosed with JCS 1467 rescript, called a proclamation by the Americans, and the surrender instrument, had been approved by President Truman. The directive creating and appointing SCAP needed only the president's signature.

JCS 1467/6 (11 September 1945)

The English wording of the imperial rescript issued on 2 September 1945 was contained in JCS-1467/6, dated 11 September 1945, after the surrender ceremonies. The wording is the same as that of the version approved by 13 August (JCS 1467) -- except "I" and "my" have been replaced by "We" and "Our".

So "my people" became "Our people" in Hirohito's English voice -- which, in his Japanese voice, became 朕カ臣民 (chin ka shinmin) meaning "my/our subjects" -- in conformity with the legal conventions of what was still, after all, Imperial Japan.

Royalization of Americanisms lost in "translation"

10 August 1945 draft

(I) We, Emperor of Japan, hereby announce that (I am surrendering) the Japanese Imperial Command and the Japanese armed forces, have surrendered unconditionally to (the United Nations at war with Japan) (designated commander).

(I) We command all Japanese armed forces and all forces under their control where ever situated and the Japanese people to cease hostility forthwith and to comply with all requirements hereafter imposed by (the Commander in Chief, United Nations Armed Forces) (designated commander).

(I) We command all civil and military officials to obey and enforce all proclamations, orders and directives issued (by us or) by (the Commander in Chief, United Nation Armed Forces) (designated commander), and (I) we direct them to remain at their posts and to continue to perform their non-combatant duties until specifically relieved (by us or) by him.

(I am relinquishing all my powers and authority this day to the Commander in Chief, United Nations Armed Forces.)

13 August 1945 draft

Accepting the terms set forth in the Declaration issued by the heads of the Governments of the United States, Great Britain and China on July 26, 1945 at Potsdam and subsequently adhered to by the Union of Soviet Socialist Republics, I have commanded the Japanese Imperial Government and the Japanese Imperial General Headquarters to sign on my behalf the instrument of surrender presented by the Supreme Commander for the Allied Powers and to issue General Orders to the Military and Naval forces in accordance with the direction of the Supreme Commander for the Allied Powers. I command all my people forthwith to cease hostilities, to lay down their arms and faithfully to carry out all the provisions of the instrument of surrender and the General Orders issued by the Japanese Imperial General Headquarters thereunder.

2 September 1945 final

Accepting the terms set forth in the Declaration issued by the heads of the Governments of the United States, Great Britain and China on July 26, 1945 at Potsdam and subsequently adhered to by the Union of Soviet Socialist Republics, We have commanded the Japanese Imperial Government and the Japanese Imperial General Headquarters to sign on Our behalf the instrument of surrender presented by the Supreme Commander for the Allied Powers and to issue General Orders to the Military and Naval forces in accordance with the direction of the Supreme Commander for the Allied Powers. We command all Our people forthwith to cease hostilities, to lay down their arms and faithfully to carry out all the provisions of the instrument of surrender and the General Orders issued by the Japanese Imperial General Headquarters thereunder.

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Instrument of Surrender

2 September 1945

Japan and the Allied Powers signed the principal Instrument of Surrender in a ceremony conducted on the deck of the USS Missouri in Tokyo Bay on 2 September 1945.

In signing the document, Japan accepted the provisions of the Potsdam Declaration. Japan agreed to surrender all Japanese forces wherever situated to Allied Powers. Japan also agreed that the authority of the Emperor and of the Japanese government to rule the state will be subject to the Supreme Commander for the Allied Powers (SCAP) -- in effect transferring its sovereignty to SCAP until restored by the San Francisco Peace Treaty.

The Instrument of Surrender was accompanied by the Imperial Edict issued by Hirohito on the occasion of the signing of the general surrender, were prepared in the Philippines and transmitted to Japanese delegates at the Manila Conference of 19-21 August. Drafts began before Japan informed the Allied Powers of its intention to surrender.

2 September 1945 Instrument of Surrender
Signed aboard the USS Missouri in Tokyo Bay by and Allied Powers

Japanese text

The Japanese text is a slightly reformatted version of the document as posted on the website of Nagai Kazu, a professor of history at Kyoto University, Graduate School of Letters, Faculty of Letters, Department of Contemporary History. Nagai's website introduces drafts and final versions of several primary documents related to the end of World War II in East Asia and the Pacific and the Occupation of Japan.

The reference given for the Japanese text is Gaimushō (compiler), Nihon gaikō nenpyō narabi ni shuyō bunsho [Japan diplomacy chronology and principal (primary) documents], 1840-1945, ka, Tokyo: Hara Shobō, 1966, pages 639-640 (外務省編『日本外交年表並主要文書1840−1945下』原書房).

English text

The English text is a reformatted version of the text as posted on the website of "The World and Japan" Database Project (データベース「世界と日本」 Deetabeesu "Sekai to Nihon"), maintained by the Tanaka Akihiko Research Group at the Institute of Oriental Culture, University of Tokyo (東京大学東洋文化研究所、田中明彦研究室 Tōkyō Daigaku Tōyō Bunka Kenkyūjo, Tanaka Akihiko Kenkyūshitsu).

The text is attributed to Joyakushu 26-1, 1-4. Japan's Foreign Relations Basic Documents Vol. 1, pages 77-79. Many similar copies of this text are available on the internet.

Instrument of Surrender

降伏文書

We, acting by command of and in behalf of the Emperor of Japan, the Japanese Government and the Japanese Imperial General Headquarters, hereby accept the provisions set forth in the declaration issued by the heads of the Governments of the United States, China and Great Britain on 26 July 1945, at Potsdam, and subsequently adhered to by the Union of Soviet Socialist Republics, which four powers are hereafter referred to as the Allied Powers.

We hereby proclaim the unconditional surrender to the Allied Powers of the Japanese Imperial General Headquarters and of all Japanese armed forces and all armed forces under Japanese control wherever situated.

We hereby command all Japanese forces wherever situated and the Japanese people [ Japanese subjects ] to cease hostilities forthwith, to preserve and save from damage all ships, aircraft, and military and civil property and to comply with all requirements which may be imposed by the Supreme Commander for the Allied Powers or by agencies of the Japanese Government at his direction.

We hereby command Japanese Imperial General Headquarters to issue at once orders to the Commanders of all Japanese forces and all forces under Japanese control wherever situated to surrender unconditionally themselves and all forces under their control.

We hereby command all civil, military and naval officials to obey and enforce all proclamations, orders and directives deemed by the Supreme Commander for the Allied Powers to be proper to effectuate this surrender and issued by him or under his authority and we direct all such officials to remain at their posts and to continue to perform their non-combatant duties unless specifically relieved by him or under his authority.

We hereby undertake for the Emperor, the Japanese Government and their successors to carry out the provisions of the Potsdam Declaration in good faith, and to issue whatever orders and take whatever action may be required by the Supreme Commander for the Allied Powers or by any other designated representative of the Allied Powers for the purpose of giving effect to that Declaration.

We hereby command the Japanese Imperial Government and the Japanese Imperial General Headquarters at once to liberate all allied prisoners of war and civilian internees now under Japanese control and to provide for their protection, care, maintenance and immediate transportation to places as directed.

The authority of the Emperor and the Japanese Government to rule the state shall be subject to the Supreme Commander for the Allied Powers who will take such steps as he deems proper to effectuate these terms of surrender.

Signed at Tokyo Bay, Japan at 0904 on the Second day of September, 1945.

重光葵 [Shigemitsu Mamoru]
By Command and in behalf of the Emperor of Japan and the Japanese Government.

梅津美治郎 [Umezu Yoshijiro]
By Command and in behalf of the Japanese Imperial General Headquarters.

Accepted at Tokyo Bay, Japan at 0908 on the Second day of September, 1945, for the United States, Republic of China, United Kingdom and the Union of Soviet Socialist Republics, and in the interests of the other United Nations at war with Japan.

Douglas MacArthur
Supreme Commander for the Allied Powers.

C. W. Nimitz
United States Representative

徐永昌 [Hsu Yung-Ch'ang]
Republic of China Representative

Bruce Fraser
United Kingdom Representative

Lieutenant-General K. Derevoyanko
Union of Soviet Socialist Republics Representative

T.U. Blamey
Commonwealth of Australia Representative

L. Coxgrave
Dominion of Canada Representative

Le Clerc
Provisional Government of the French Republic Representative

S. Helfrich
Kingdom of the Netherlands Representative

S. M. Isitt
Dominion of New Zealand Representative

下名ハ茲二合衆國、中華民國及「グレート・ブリテン」國ノ政府ノ首班力千九百四十五年七月二十六日「ポツダム」ニ於テ発シ後ニ「ソヴィエト」社会主義共和國聯邦力参加シタル宣言ノ條項ヲ日本国天皇、日本國政府及日本帝國大本営ノ命二依り且之二代り受諾ス右四國ハ以下之ヲ連合國卜称ス

下名ハ茲ニ日本帝國大本営並ニ何レノ位置二在ルヲ問ハス一切ノ日本國軍隊及日本國ノ支配下二在ル一切ノ軍隊ノ連合国二対スル無條件降伏ヲ布告ス

下名ハ茲ニ何レノ位置ニ在ルヲ問ワス一切ノ日本國軍隊及日本國臣民二対シ敵対行為ヲ直二終止スルコト、一切ノ船舶、航空機並ニ軍用及非軍用財産ヲ保存シ之カ毀揖ヲ防止スルコト及連合國最高司令官又ハ其ノ指示二基キ日本國政府ノ諸機関ノ課スヘキ一切ノ要求二應スルコトヲ命ス

下名ハ茲ニ日本帝國大本営力何レノ位置ニ在ルヲ問ハス一切ノ日本國軍隊及日本國ノ支配下二在ル一切ノ軍隊ノ指揮官ニ対シ自身及其ノ支配下二在ル一切ノ軍隊カ無條件二降伏スヘキ旨ノ命令ヲ直二發スルコトヲ命ス

下名ハ茲二一切ノ官、陸軍及海軍ノ職員二対シ連合國最高司令官カ本降伏実施ノ為適当ナリト認メテ自ラ發シ又ハ其ノ委任二基キ發セシムル一切ノ布告、命令及指示ヲ遵守シ且之ヲ施行スルコトヲ命シ並ニ右職員カ連合國最高司令官ニ依リ又ハ其ノ委任二基キ特ニ任務ヲ解カレサル限リ各自ノ地位ニ留リ且引績キ各自ノ非戦闘的任務ヲ行ウコトヲ命ス

下名ハ茲ニ「ポツダム」宣言ノ條項ヲ誠実ニ履行スルコト並ニ右宣言ヲ実施スルタメ連合國最高司令官又ハ其ノ他特定ノ連合国代表者カ要求スルコトアルヘキ一切ノ命令ヲ發シ且斯ル一切ノ措置ヲ執ルコトヲ天皇、日本國政府及其ノ後継者ノ為ニ約ス

下名ハ茲ニ日本帝國政府及日本帝國大本営二対シ現ニ日本國ノ支配下二在ル一切ノ連合國俘虜及被抑留者ヲ直ニ解放スルコト並ニ其ノ保護、手当、給養及指示セラレタル場所へノ即時輸送ノ為ノ措置ヲ執ルコトヲ命ス

天皇及日本國政府ノ國家統治ノ権限ハ本降伏條項ヲ実施スル為適当卜認ムル措置ヲ執ル連合國最高司令官ノ制限ノ下二置カルルモノトス

千九百四十五年九月二日午前九時四分日本國東京湾上二於テ署名ス

大日本帝國天皇陛下及日本國政府ノ命ニ依リ且其ノ名二於テ

重光葵

日本帝國大本営ノ命ニ依リ且其ノ名二於テ

梅津美治郎

千九百四十五年九月二日午前九時八分日本國東京湾上二於テ合衆國、中華民國、連合王國及「ソヴィエト」社曾主義共和囲連邦ノ為ニ並ニ日本國ト戦争状態ニ在ル他ノ連合諸國家ノ利益ノ為ニ受諾ス

連合國最高司令官
ダグラス・マッカーサー

合衆國代表
シー・ダブリュー・ニミッツ

中華民國代表者
徐永昌

連合王國代表者
ブルース・フレーザ

「ソヴィエト」社会主義共和國連邦代表者
クズマ・エヌ・ヂレヴィヤンコ

「オーストラリア」連邦代表者
ティー・ユー・ブレーミー

「カナダ」代表者
エル・コスグレーブ

「フランス」國代表者
ジァック・ル・クレルク

「オランダ」國代表者
シェルフ・ヘルフリッヒ

「ニュージーランド」代表者
エス・エム・イシット

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General Order No. 1

2 September 1945

Instruments for the Surrender of Japan

The surrender aboard the USS Missouri was one of many conducted throughout the Empire of Japan and occupied territories. Many other surrenders would take place during the next several weeks in accordance with General Order No. 1, Instruments of Surrender of Japan, issued by the Joint Chiefs of Staff (JCS) and transmitted to Japan by the Supreme Commander for the Allied Powers (SCAP).

General Order No. 1, though issued by JCS through SCAP, took the form of an order issued by the Imperial General Headquarters of Japan immediately following Japan's formal surrender on 2 September 1945. It was one of many orders to be issued by the Japanese government, including an imperial rescript, that were formulated by JCS for conveyance to the government of Japan through SCAP.

Origins of General Order No. 1

JCS began drafting surrender instruments and other plans concerning the expected surrender and occupation of Japan long before Japan's surrender. Drafts of most documents were submitted to the State-War-Navy Coordinating Committee (SWNCC) for its input and approval. The most crucial documents, including the principal Instrument of Surrender and General Order No. 1, had to be approved by the President of the United States.

Instruments for the Surrender of Japan began to take shape shortly after the issuance of the Potsdam Declaration on 26 July 1945. Outlines of related documents, with editorial commentary and even traces of editing done on earlier drafts, were being circulated in Washington, D.C. committees by 10 August (JCS 1275/8).

A fleshed-out draft of General Order No. 1 was circulated in JCS 1467/1, dated 13 August 1945. In the covering note by JCS to SWNCC, the order is described as a "Report by the Joint Staff Planners (On their own initiative)". A second draft, which had been submitted to SWNCC, was circulated in JCS 1467/2, dated 17 August.

The 17 August draft was considered the final draft "as approved by the President for issue by the Japanese Imperial General Headquarters by direction of the Emperor" (JCS 1467/2). The president, namely Harry Truman, was said to have "approved it with the understanding that it is subject to change both by further instructions issued through the Joint Chiefs of Staff and by changes in matters of detail made by the Supreme Commander for the Allied Powers in the light of the operational situation as known by him" (Ibid.).

Manila Conference

It was this 17 August draft of General Order No. 1 that SCAP, then in the Philippines, presented to the Japanese delegation at the Manila Conference on 19 and 20 August. The conference was held to prepare for the arrival of SCAP in Japan, Japan's formal surrender, and the Occupation that would then begin.

Drafts of Japanese translations of all documents essential to Japan's formal surrender -- including (1) the Proclamation by the Emperor of Japan (Imperial Rescript on Receipt of Surrender) to be issued on the day the general surrender instrument was signed, (2) the general Instrument of Surrender, and (3) General Order No. 1 -- were made in the Philippines during this conference.

SCAP also required that each of the two officials appointed to sign the general surrender instrument, as representatives of the government and the military of Japan, be provided with an imperial "power of attorney" or "credentials", in which Hirohito named, identified, and authorized the officials to sign the surrender instrument on his behalf.

The plenipotentiaries were Ministry of Foreign Affairs Shigemitsu Mamoru (1887-1957), who represented the Emperor of Japan and the Japanese [Imperial] Government, and Imperial Japanese Army General and Chief of the Imperial Japanese Army General Staff Umezu Yoshijiro (1882-1949), who represented the Japanese Imperial General Headquarters.

By 2 September -- the date later set for the general surrender aboard the USS Missouri in Tokyo Bay -- SCAP would have to modify General Order No. 1 to accommodate changes on the ground and other developments.

"China"

The working list of territories, circulated in JCS 1275/8, dated 10 August 1945, referred to "Occupied areas in China (including Manchuria the Kwantung Leased Territory and Kwangchowan)" (see below). The final draft of General Order No. 1, like the 13 and 17 August drafts (JCS 1467/1 and JCS 1467/2), similarly referred to territories within "China (excluding Manchuria)" -- reflecting the position of the Republic of China that "Manchuria" was part of "China" and not an independent state, contrary to what Japan had contended when helping to establish "Manchoukuo" in 1931.

This view of Manchuria as part of China also reflects the stance taken by the United Nations, such as it is already functioning, inherited from the League of Nations -- a stance which, apart from its validity, contributed to the friction between Japan and China, which escalated into the Sino-Japanese War, which triggered the Pacific War.

"Formosa"

All drafts of General Order No. 1 refer to "Formosa" apart from "China". Formosa would be surrendered with Japanese-occupied parts of China and other designated territories, to Chiang Kai-shek, representing the Republic of China as a member of the Allied Powers. Though Formosa would be occupied by China, legally it would remain an entity of the Empire of Japan until otherwise decided by a treaty of peace between ROC and Japan.

"the Kurile Islands"

Whereas the 13 and 17 August 1945 drafts had omitted mention of the Kuriles in any surrender group, the final draft included "the Kurile Islands" with Manchuria, Korea north of the 38th parallel, and Karafuto, all of which were to be surrendered to the Commander-in-Chief of Soviet Forces in the Far East. The Japanese translation rendered "the Kurile Islands" as 千島諸島 (Chishima shotō), its name for the island group, which had been under the administration of Hokkaido prefecture.

"The Kurile Islands" were listed in an early outline of General Order No. 1, enclosed with JCS 1275/8, dated 10 August 1945 (see note in body of General Order No. 1, below). However, the Kurils were not listed in the next, more full-bodied draft dated 13 August (JCS 1467/1) or in the final draft of 17 August (JCS 1467/2).

The dropping of the Kurils from the 13 August and 17 August drafts may have been an oversight. Another possibility is that both Hokkaido and the Kurils were dropped from the original list in the process of defining comprehensive surrender groups that obviated their specific mention. One such group included "the main islands of Japan" and adjacent islands, which would have included "Hokkaido" and the Kurils, since the Kurils were administratively part of Hokkaido.

Another possibility is that the Joint Chiefs of Staff, and the State-War-Navy Coordinating Committee (SWNCC) that oversaw its drafts, took into account military developments on the ground and their political implications. The US planners would have been particularly concerned about the territories that would fall into USSR hands before a surrender, and therefore be occupied by the USSR after surrender.

The Yalta Agreement had specified that "the Kurils" were to be returned. However, the Potsdam Declaration cited the Cairo Declaration as the basis for limiting Japanese sovereignty to "the islands of Honshu, Hokkaido, Kyushu, Shikoku and such minor islands as we [the Allied Powers] determine."

Because it was at peace with Japan, the USSR was not a party to the public Cairo Declaration, and the Yalta Agreement had been made in secret. The Potsdam Declaration, also made without formal USSR involvement (though the other parties knew that the USSR would enter the war if Japan did not surrender by 8 August), could not allude to Karafuto or the Kurils. The phrasing of the Potsdam Declaration, however, gave the Allied Powers the authority to exclude these former Russian territories from Japanese sovereignty.

The USSR unilaterally revoked its peace treaty with Japan by invading Manchuria (then an independent state under considerable Japanese control) and Karafuto (then a Japanese prefecture) on 9 August. It's invasion of the Kurils (then part of Hokkaido prefecture) commenced on 19 August.

The Joint Chiefs of Staff, when formulating the 13 and 17 August drafts of General Order No. 1, mostly likely included only Karafuto because, by that time, the USSR had already invaded the territory -- and intentionally omitted the Kurils, which the USSR would not invade until 19 August. If so, then "the Kurile Islands" were included in the 2 September final draft because the USSR had, by 31 August, already taken complete control of the islands and considered them part of its occupation zone if not its sovereign dominion.

In late August and early September, some US Air Force B-24s on reconnaissance missions over the northern Kurils were apparently driven away by Soviet fighters to prevent them from photographing the areas occupied by Soviet forces.

"the Bonins"

The Bonin islands are called 小笠原諸島 (Ogasawara shoto) or "Ogasawara islands" in the Japanese draft, reflecting the name by which the islands are known as a Japanese entity.

"the Ryukyus"

Whereas both earlier drafts placed the Ryukyus in the surrender group which included the Japanese Mandated Islands, Bonins, and other Pacific Islands, the final draft placed them in the group that included the main islands of Japan and adjacent islands, Korea south of the 38th parallel, and the Philippines.

The Japanese version rendered "the Ryukyus" as 琉球諸島 (Ryūkyū shotō) or "the Ryukyu islands" -- meaning islands that embrace not only Okinawa prefecture but some island that were parts of Kagoshima prefecture. Later these islands were collectively referred to as "the Nansei Shoto" or "the Nansei Islands" (南西諸島 Nansei shotō).

"the Philippines"

The received Japanese version renders "the Philippines" as 「フィリピン」諸島 ("Firipin" shotō) or the "'Philippine' islands". Square corner brackets were used in the Japanese version of the order to mark all place names written in katakana.

What is interesting about the Japanese version of the name is that it is the name of the entity as ceded by Spain to the United States in 1898. The name of the commonwealth protectorate which the United States allowed to be established from 1935 was "the Philippines" or more formally "the Republic of the Philippines".

The granting of full independence to the Philippines was delayed when Japan invaded and occupied the country in 1941 and 1942. Japan, however, established "the Republic of the Philippines" as an independent state, on 14 October 1943. This state, recognized by Germany, and by Japanese created states like Burma, ceased to exist on 17 August 1945.

2 September 1945 General Order No. 1
By direction of the Emperor, pursuant to the surrender by the Emperor

Japanese text

The Japanese text is a slightly reformatted version of the document as posted on the website of Nagai Kazu, a professor of history at Kyoto University, Graduate School of Letters, Faculty of Letters, Department of Contemporary History. Nagai's website introduces drafts and final versions of several primary documents related to the end of World War II in East Asia and the Pacific and the Occupation of Japan.

The reference given for the Japanese text is Gaimushō (compiler), Nihon gaikō nenpyō narabi ni shuyō bunsho [Japan diplomacy chronology and principal (primary) documents], 1840-1945, ka, Tokyo: Hara Shobō, 1966, pages 640-643 (外務省編『日本外交年表並主要文書1840−1945下』原書房).

English text

The English text is a reformatted and corrected version of the copy contained the following yearbook, which was "Made in Occupied Japan" (Appendix, pages 1-2). There is some variance in spelling, capitalization, hyphenation, and punctuation between this and other versions.

The Japan Year Book, 1946-48
Tokyo: The Foreign Affairs Association of Japan, 1949
Preface dated December 1948
xv, 614 (main text), 340 (appendix and index), foldout map of Japan, unnumbered adverts

The version of this order posted by Nagai Kazu (see "Japanese text" above) reflects the draft enclosed with JCS 1467/2 Note by the Secretaries, dated 17 August 1945. This also appears to be the basis of the version posted by the Taiwan Documents Projects, which cites the Congressional Record, 6 September 1945 as its source.

General Order No. 1 (Military and Naval)

一般命令第1号(陸、海軍)

I. The Imperial General Headquarters by direction of the Emperor, and pursuant to the surrender to the Supreme Commander for the Allied Powers of all Japanese armed forces by the Emperor, hereby orders all of its Commanders in Japan and abroad to cause the Japanese armed Forces and Japanese-controlled Forces under their command to cease hostilities at once, to lay down their arms, to remain in their present locations and to surrender unconditionally to Commanders acting on behalf of the United States, the Republic of China, the United Kingdom and the British Empire, and the Union of Soviet Socialist Republics, as indicated hereafter or as may be further directed by the Supreme Commander for the Allied Powers. Immediate contact will be made with the indicated Commanders, or their designated representatives, subject to any changes in detail prescribed by the Supreme Commander for the Allied Powers, and their instructions will be completely and immediately carried out.

(a) The senior Japanese Commanders and all ground, sea, air, and auxiliary forces within China (excluding Manchuria), Formosa and French Indo-China North of 16 degrees North latitude shall surrender to Generalissimo Chiang Kai-shek.

(b) The senior Japanese Commanders and all ground, sea, air, and auxiliary forces within Manchuria, Korea north of 38 degrees North latitude and Karafuto, and the Kurile Islands,shall surrender to the Commander-in-Chief of Soviet Forces in the Far East.

(c) The senior Japanese Commanders and all ground, sea, air, and auxiliary forces within the Andamans, Nicobars, Burma, Thailand, French Indo-China South of 16 degrees North latitude, Malaya, Sumatra, Java, Lesser Sundas (including Bali, Lombok, and Timor), Boerce, Ceram, Ambon, Kai, Aroe, Tanimbar and islands in the Arafura Sea, Celebes, Halmahere and Dutch New Guinea shall surrender to the Supreme Allied Commander, South East Asia Command.

(d) The senior Japanese Commanders and all ground, sea, air and auxiliary forces within Borneo, British New Guinea, the Bismarcks and the Solomons shall surrender to the Supreme Allied Commander-in-Chief, Australian Military Forces.

(e) The senior Japanese commanders and all ground, sea, air, and auxiliary forces in the Japanese Mandated Islands, Bonins, and other Pacific islands shall surrender to the Commander in Chief, U.S. Pacific Fleet.

(f) The Imperial General Headquarters, its senior Commanders, and all ground, sea, air, and auxiliary forces in the main islands of Japan, Islands adjacent thereto, Korea south of 38 degrees north latitude, the Ryukyus and the Philippines shall surrender to the Commander-in-Chief, U.S. Army Forces in the Pacific.

(g) The above indicated Commanders are the only representatives of the Allied Powers empowered to accept surrender, and all surrenders of Japanese Forces shall be made only to them or to their representatives. The Japanese Imperial General Headquarters further orders its Commanders in Japan and abroad to disarm completely all forces of Japan or under Japanese control, wherever they may be situated, and to deliver intact and in safe and good condition all weapons and equipment at such time and at such places as may be prescribed by the Allied Commanders indicated above. Pending further instructions, the Japanese Police Force in the main Islands of Japan will be exempt from this disarmament provision. The police force will remain at their posts and shall be held responsible for the preservation of Law and Order. The strength and arms of such Police Force will be prescribed.

一、帝国大本営ハ茲ニ勅命二依り且勅命二基ク一切ノ日本國軍隊ノ職合國最高司令官二対スル降伏ノ結果トシテ日本國内及國外二在ル一切ノ指揮官二対シ其ノ指揮下二在ル日本國日本國軍隊及日本國ノ支配下二在ル軍隊ヲシテ敵対行為ヲ直二終止シ其ノ武器ヲ措キ現位置二留リ且左二指名セラレ又ハ聯合國最高司令官二依リ追テ指示セラルルコトアルヘキ合衆國、中華民國、聯合王國及「ソヴィエト」社会主義共和國聯邦ノ名二於テ行動スル各指揮官二対シ無條件降伏ヲ為サシムヘキコトヲ命ス 指示セラレタル指揮官又ハ其ノ指名シタル代表者二対シテハ即刻連絡スヘキモノトス 但シ細目二関シテハ聯合國最高司令官二依リ変更ノ行ハルルコトアルヘク右指揮官又ハ代表者ノ命令ハ完全二且即時実行セラルヘキモノトス

(イ)支那(満洲ヲ除ク)台湾及北緯十六度以北ノ仏領印度支那二在ル日本国ノ先任指揮官並ニ一切ノ陸上、海上、航空及補助部隊ハ蒋介石総帥ニ降伏スヘシ

(ロ)満洲、北緯三十八度以北ノ朝鮮、樺太及千島諸島二在ル日本國ノ先任指揮官並ニ一切ノ陸上、海上、航空及補助部隊ハ「ソヴィエト」極東最高司令官二降伏スヘシ

(ハ)「アンダマン」諸島、「ニコバル」諸島、「ビルマ」、「タイ」國、北緯十六度以南ノ仏領印度支部、「マライ」、「スマトラ」、「ジァヴァ」、小「スンダ」諸島(「バリ」「ロンボク」 及「チモール」ヲ含ム)、「ブル」、「セラム」、「アンボン」、 「カイ」「アル」、「タニンバル」及「アラフラ」海ノ諸島、「セレベス」諸島、「ハルマヘラ」諸島並ニ蘭領「ニューギニア」ニ在ル日本國ノ先任指揮官並ニ一切ノ陸上、海上、航空及補助部隊ハ東南亜細亜軍司令部最高司令官二降伏スヘシ

(ニ) 「ボルネオ」、英領「ニューギニア」、「ビスマルク」諸島及「ソロモン」諸島ニ在ル日本國ノ先任指揮官並ニ一切ノ陸上、海上、航空及補助部隊ハ濠洲陸軍最高司令官ニ降伏スヘシ

(ホ)日本國委任統治諸島、小笠原諸島及他ノ太平洋諸島二在ル日本國ノ先任指揮官並ニ一切ノ陸上、海上、航空及補助部隊ハ合衆国太平洋艦隊最高司令官二降伏スヘシ

(へ)日本國大本営並ニ日本國本土、之二隣接スル諸小島、北緯三十八度以南ノ朝鮮、琉球諸島「フィリピン」諸島二在ル先任指揮官並ニ一切ノ陸上、海上、航空及補助部隊ハ合衆國太年洋陸軍部隊最高司令官二降伏スヘシ

(ト)前記各指揮官ノミカ降伏ヲ受諾スルノ権限ヲ付与セラレタル聯合國代表者ニシテ日本國軍隊ノ降伏ハ総テ右指揮官又ハ其ノ代表者ノミニ対シテ為サルヘシ

日本國大本営ハ更二日本國國内及國外ニ在ル其ノ指揮官二対シ何レノ位置ニ在ルヲ問ハス一切ノ日本國軍隊又ハ日本國ノ支配下二在ル軍隊ヲ完全二武装解除シ且前記聯合國指揮官二依リ指定セラルル時期及場所二於テ一切ノ兵器及装備ヲ現状ノママ且安全ニシテ良好ナル状態二於テ引痩スヘキコトヲ命ス追テ指示アル迄日本國本土内二在ル日本國警察機関ハ本武装解除規定ノ適用ヲ免ルルモノトス警察機関ハ其ノ部署二留ルモノトシテ法及秩序ノ維持二付其ノ責二任スヘシ右警察機関ノ人員及武器ハ規定セラルルモノトス

Developing list of territories

The draft of General Order No. 1 enclosed with JCS 1275/8, dated 10 August 1945, included the following list of territories from which Japanese military forces were to be evacuated in the event of an unconditional surrender.

1. Note how this list clarifies the meanings of Occupied areas in China, Karafuto, Korea, the Kurile Islands, and Formosa and the Pescadores.

2. Note that this list includes "the Kurile Islands" (4).

3. Note also that because "Hokkaido" has been added to this list as item (5), the numbers assigned to subsequent items on a previous list had to be incremented by one.

(a) In accordance with the means, priorities and schedules prescribed by (the Supreme Allied (United States) Command) (designated commander), evacuate all Japanese armed forces personnel and their civilian auxiliaries from:

(1) Occupied areas in China (including Manchuria the Kwantung Leased Territory and Kwangchowan).

(2) Karafuto (southern part of Sakhalin).

(3) Korea (Chosen).

(4) Kurile Islands (Chishima).

((5) Hokkaido.)

((6) 5) Formosa (Taiwan) and Pescadores (Hoko or Boko).

((7) 6) Hong Kong.

((8) 7) French Indo-China.

((9) 8) Thailand.

((10) 9) Burma.

((11) 10) British Malaya.

((12) 11) Netherlands East Indies.

((13) 12) Philippine Islands.

((14) 13) Marianas, Marshalls and Caroline Islands and all other land and water areas not mentioned above south of the thirtieth degree of north latitude.

II. The Japanese Imperial General Headquarters shall furnish to the Supreme Commander for the Allied Powers, without delay after receipt of this order, complete information with respect to Japan and all areas under Japanese control, as follows:

(a) Lists of all land, navel, air and antiaircraft units showing locations and strengths in Officers and Men.

(b) Lists of all aircraft, Military Naval and Civil, giving complete information as to the number, type, location and condition of such aircraft.

(c) Lists of all Japanese and Japanese-controlled Naval Vessels, surface and submarine and Auxiliary Naval Craft, in or out of commission and under construction, giving their positions, condition and movement.

(d) Lists of all Japanese and Japanese-controlled Merchant Ships of over 100 gross tons in or out of commission and under construction, including Merchant Ships formerly belonging to any of the United Nations which are now in Japanese hands, giving their positions, condition, and movement.

(e) Complete and detailed information, accompanied by maps, showing locations and layouts of all mines, minefields, and other obstacles to movement by land, sea or air, and the safety lanes in connection therewith.

(f) Locations and descriptions and establishments, including airfields, seaplane bases, antiaircraft defenses, ports and naval bases, storage depots, permanent and temporary land and coast fortifications, and other fortified areas.

(g) Locations of all camps and other places of detention of United Nations Prisoners of War and Civilian Internees.

二、日本國大本営ハ聯合國最高司令官二対シ本命令受領ノ後遅滞ナク日本國及日本國ノ支配下二在ル一切ノ地域ニオケル左ノ諸点ニ関スル完全ナル情報ヲ提供スヘシ

(イ)一切ノ陸上、海上、航空及防空部隊ノ位置及将兵ノ数ヲ示ス表

(ロ)一切ノ陸軍、海軍及非軍用航空機ノ数、型式、位置及其ノ状態二関シ完全ナル情報ヲ与フル表

(ハ) 日本國ノ及日本国ノ支配スル一切ノ水上及潜水海軍艦艇並ニ補助海軍艦艇ニシテ就役中ノモノ又ハ就役中二非サルモノ及建造中ノモノノ位置、状態及運行ヲ示ス表

(ニ) 日本國ノ及日本国ノ支配スル一切ノ総噸数百噸数百噸ヲ超ユル商船(嘗テ聯合國ノ何レカニ属シ現ニ日本國ノ権内二在ルモノヲ含ム)ニシテ就役中ノモノ又ハ就役中ニ非サルモノ及建造中ノモノノ位位置、状態及運行ヲ示ス表

(ホ)一切ノ機雷、機雷原其ノ他ノ陸上、海上又ハ空中ノ行動二封スル障害物ノ位置及施設状況並ニ右二関聯スル安全通路二関スル完全且詳細ナル地図附情報

(へ)飛行場、水上機基地、対空防備施設、港、海軍基地、物資貯蔵所、常設及仮設ノ陸上及沿岸防備施設、要塞其ノ他ノ防備地域ヲ含ム一切ノ軍事施設及建造物ノ位置及説明

ト)聯合國ノ俘虜及被抑留者ノ一切ノ収容所其ノ他ノ抑留所ノ

III. Japanese Armed Forces and Civil Aviation Authorities will insure that all Japanese Military, Naval and Civil aircraft remain on the ground, on the water, or aboard ship until further notification on the disposition to be made of them.

三、日本軍及民間航空所管当局ハ一切ノ日本國ノ陸軍、海軍及非軍用航空機カ追テ其ノ処理ニ関シ通告アル迄陸上、海上又ハ艦上ニ留マルコトヲ保障スルモノトス

IV. Japanese or Japanese-controlled Naval or Merchant vessels of all types will be maintained without damage and will undertake no movement pending instructions from the Supreme Commander for the Allied Powers. Vessels at sea will remove explosives of all types to safe storage ashore.

四、日本國ノ又ハ日本國ノ支配スル一切ノ型式ノ海軍艦艇及商船ハ聯合國最高司令官ノ指示アル迄之ヲ毀損スルコトナク保全シ且移動ヲ企図セサルモノトス 航海中ノ船舶二於テハ直二一切ノ種類ノ爆發物ヲ無害卜為シ海中二放棄スルモノトス 航海中二非サル船舶二於テハ直二一切ノ種顆ノ爆發物ヲ沿岸ノ安全ナル貯蔵所二移転スルモノトス

V. Responsible Japanese or Japanese-controlled Military and Civil authorities will insure that:

(a) All Japanese mines, minefields, and other obstacles to movement by land, sea, and air, wherever located, be removed according to instructions of the Supreme Commander for the Allied Powers.

(b) All aids to navigation be reestablished at once.

(c) All safety lanes be kept open and clearly marked pending accomplishment of (a) above.

五、責任アル日本國ノ及ヒ日本國ノ支配下二在ル軍及行政当局ハ左記ヲ保障スルモノトス

(イ) 一切ノ日本國ノ機雷、機雷原其ノ他ノ陸上、海上及空中ノ行動二関スル障害物ハ何レノ位置ニ在ルヲ問ハス聯合國最高司令官ノ指示二従ヒ之ヲ除去ス

(ロ) 航海ヲ便ナラシムル一切ノ施設ハ直ニ之ヲ復活ス

(ハ) 前記(イ)ノ実施迄一切ノ安全通路ハ之ヲ開放シ且明瞭二標示ス

VI. Responsible Japanese and Japanese-controlled Military and Civil authorities will hold intact and in good condition pending further instructions from the Supreme Commander for the Allied Powers the following:

(a) All arms, ammunitions, explosives, military equipment, stores and supplies, and other implements of war of all kinds and all other war material (except as specifically prescribed in section IV of this order).

(b) All land, water, and air transportation, and communication facilities and equipment.

(c) All military installations and establishments including airfields, seaplane bases, antiaircraft defenses, ports and naval bases, storage depots, permanent and temporary land and coast fortifications, fortresses and other fortified areas, together with plans and drawings of all such fortifications, installations and establishments.

(d) All factories, plants, shops, research institutions, laboratories, testing stations, technical data, patents, plans, drawings and inventions designed or intended to produce or to facilitate the production or use of all implements of war and other material and property used by or intended for use by any military or para-military organization in connection with its operations.

六、責任アル日本國ノ及日本國ノ支配下ニ在ル軍及行政当局ハ聯合國最高司令官ヨリ追テ指示アル迄左記ヲ現状ノママ且良好ナル状態二於テ保持スルモノトス

(イ) 一切ノ兵器、弾薬、爆發物、軍用ノ装備、貯品及需品其ノ他一切ノ種類ノ戦争用具及他ノ一切ノ戦争用資材(本命令第四項二特二規定スルモノヲ除ク)

(ロ) 一切ノ陸上、水上及空中運輸及通信ノ施設及装置

(ハ) 飛行場、水上機基地、対空防備施設、港及海軍基地、物資貯蔵所、常設及仮設ノ陸上及沿岸防備施設、要塞其ノ他ノ防備地域ヲ含ム一切ノ軍事施設及建造物並二一切ノ此等ノ防備施設、軍事施設及建造物ノ設計及図面

(ニ)一切ノ戦争用具並ニ軍事機関又ハ準軍事機関力其ノ運営二関シ現二使用シ又ハ供用セントスル他ノ資材及資産ヲ製造スル為又ハ此等ノ製造若クハ使用ヲ容易ナラシムル為計画セラレ又ハ之二充当セラレタル一切ノ工場、製造場、工作場、研究所、実験所、試験所、技街上ノ要目(「データ」)、特許、設計図面及發明

VII. The Japanese Imperial General Headquarters shall furnish to the Supreme Commander for the Allied Powers, without delay after receipt of this order, complete lists of all the items specified in paragraphs (a), (b), and (d) of section VI above, indicating the numbers, types and locations of each.

七、日本國大本営ハ聯合國最高司令官二対シ本命令受領ノ後遅滞ナク前記第六項(イ)、(ロ)及(ニ)ニ掲クル一切ノ項目二関シ其ノ数量型式及位置ヲ示ス完全ナル表ヲ提供スヘシ

VIII. The manufacture and distribution of all arms, ammunition and implements of war will cease forthwith.

八、一切ノ兵器、弾薬及戦争用具ノ製造及分配ハ直ニ之ヲ終止スルモノトス

IX. With respect to United Nations Prisoners of War and Civilian Internees in the hands of Japanese or Japanese-controlled authorities:

(a) The safety and well-being of all United Nations Prisoners of War and Civilian Internees will be scrupulously preserved, to include the administrative and supply service essential to provide adequate food, shelter, clothing and medical care until such responsibility is undertaken by the Supreme Commander for the Allied Powers.

(b) Each camp or other place of detention of United Nations Prisoners of War and Civilian Internees together with its equipment, stores, records, arms, and ammunition, will be delivered immediately to the command of the senior officer or designated representative of the Prisoners of War and Civilian Internees.

(c) As directed by the Supreme Commander for the Allied Powers, Prisoners of War and Civilian Internees will be transported to places of safety where they can be accepted by Allied authorities.

(d) The Japanese Imperial General Headquarters will furnish to the Supreme Commander for the Allied Powers, without delay after the receipt of this order, complete lists of all United Nations Prisoners of War and Civilian Internees, indicating their locations.

九、日本國ノ又ハ日本國ノ支配下二在ル官憲ノ権内ニアル聯合國ノ俘虜及被抑留者二関シテハ

(イ)一切ノ聯合諸國ノ俘虜及被抑留者ノ安全及福祉ハ細心ノ注意ヲ以テ之ヲ保持スルモノトシ右ハ聯合國最高司令官力其ノ責任ヲ引継クニ至ル迄適当ナル食糧、住居、被服及医療ヲ確保スルニ必要ナル管理及補給ノ業務ヲ含ムモノトス

(ロ) 聯合諸國ノ俘虜及被抑留者ノ収容所其ノ他ノ抑留所ハ夫々其ノ設備、貯蔵品、記録、武器及弾薬卜共二直ニ之ヲ右俘虜及被抑留者中ノ先任将校又ハ指定セラレタル代表者二引渡シ其ノ指揮下二入ラシムルモノトス

(ハ) 聯合國最高司令官ノ指示スル所二従ヒ俘虜及被抑留者ハ聯合國官憲力之ヲ引取リ得ヘキ安全ナル場所二輸送セラルルモノトス

(ニ) 日本國大本営ハ聯合國最高司令官二対シ本命合受領ノ後遅滞ナク一切ノ聯合國ノ俘虜及被抑留者ノ所在ヲ示ス完全ナル表ヲ提供スルモノトス

X. All Japanese and Japanese-controlled Military and Civil Authorities shall aid and assist the occupation of Japan and Japanese-controlled areas by forces of the Allied Powers.

十、一切ノ日本國ノ及日本國ノ支配下二在ル軍及行政当局ハ聯合國軍隊ノ日本國及日本國ノ支配スル地域ノ占領ヲ援助スヘシ

XI. The Japanese Imperial General Headquarters and appropriate Japanese Officials shall be prepared, on instructions from Allied Occupation Commanders, to collect and deliver all arms in the possession of the Japanese Civilian population.

十一、日本國大本営及日本國当該官憲ハ聯合國占領軍指揮官ノ指示アル際一般日本國民ノ所有スル一切ノ武器ヲ蒐集シ且引渡ス為ノ準備ヲ為シ置クヘシ

XII. This and all subsequent instructions issued by the Supreme Commander for the Allied forces of other Allied Military Authorities will be scrupulously and promptly obeyed by Japanese and Japanese-controlled Military and Civil Officials and private persons. Any delay or failure to comply with the provisions of this or subsequent orders, and any action which the Supreme Commander for the Allied Powers determines to be detrimental to the Allied Powers, will incur drastic and summary punishment at the hands of the Allied Military Authorities and the Japanese Government.

十二、日本國ノ及日本國ノ支配下二在ル軍及行政官憲並二私人ハ本命令及爾後聯合國最高司令官又ハ他ノ聯合國軍官憲ノ發スル一切ノ指示二誠実且迅速二服スルモノトス本命令若クハ爾後ノ命令ノ規定ヲ遵守スルニ遅滞アリ又ハ之ヲ遵守セサルトキ及聯合國最高司令官力聯合國二対シ有害ナリト認ムル行為アルトキハ聯合國軍官憲及日本國政府ハ厳重且迅速ナル制裁ヲ加フルモノトス

XIII. The Japanese Imperial General Headquarters will immediately advise the Supreme Commander for the Allied Powers the earliest date and time at which information called for in Part II, VII and IX (d) can be submitted.

十三、日本國大本営ハ聯合國最高司令官二対シ前記第二項、第七項及第九項(ニ)ニ要求セラルル情報ヲ提供シ得へキ最モ速ナル日時ヲ直二通報スルモノトス

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17 August 1945 draft of General Order No. 1

Here is what the principle parts of General Order No. 1 looked like when circulated to concerned parties by JCS 1467/2, dated 17 August 1945.

17 August 1945 draft of General Order No. 1
"the Kurile Islands" not included in any surrender group
"the Ryukyus" part of different surrender group

J.C.S. 1467/2 17 August 1945

JOINT CHIEFS OF STAFF

INSTRUMENTS FOR THE SURRENDER OF JAPAN

GENERAL ORDER NO. 1

Note by the Secretaries

General order No.1 (Enclosure), as approved by the President for issue by the Japanese Imperial General Headquarters by direction of the Emperor, is circulated for information.

The President approved it with the understanding that it is subject to change both by further instructions issued through the Joint Chiefs of Staff and by changes in matters of detail made by the Supreme Commander for the Allied Powers in the light of the operational situation as known by him.

ENCLOSURE (GENERAL ORDER NO. 1) SWNCC21/8

ENCLOSURE

GENERAL ORDER NO. 1

MILITARY AND NAVAL

The Imperial General Headquarters by direction of the Emperor, and pursuant to the surrender to the Supreme Commander for the Allied Powers of all Japanese armed forces by the Emperor, hereby orders all of its commanders in Japan and abroad to cause the Japanese armed forces and Japanese-controlled forces under their command to cease hostilities at once, to lay down their arms, to remain in their present locations and to surrender unconditionally to commanders acting on behalf of the United States, the Republic of China, the United Kingdom and the British Empire, and the Union of Soviet Socialist Republics, as indicated hereafter or as may be further directed by the Supreme Commander for the Allied Powers. Immediate contact will be made with the indicated commanders, or their designated representatives, subject to any changes in detail prescribed by the Supreme Commander for the Allied Powers, and their instructions will be completely and immediately carried out.

a. The senior Japanese commanders and all ground, sea, air and auxiliary forces within China (excluding Manchuria), Formosa and French Indo-China north of 16 north latitude shall surrender to Generalissimo Chiang Kai-shek.

b. The senior Japanese commanders and all ground, sea, air and auxiliary forces within Manchuria, Korea north of 38 north latitude and Karafuto shall surrender to the Commander in Chief of Soviet Forces in the Far East.

c. The senior Japanese commanders and all ground, sea, air and auxiliary forces within the Andamans, Nicobars, Burma, Thailand, French Indo-China south of 16 degrees north latitude, Malaya, Borneo, Netherlands Indies, New Guinea, Bismarcks and the Solomons, shall surrender to (the Supreme Allied Commander South East Asia Command or the Commanding General, Australian Forces -- the exact breakdown between Mountbatten and the Australians to be arranged between them and the details of this paragraph then prepared by the Supreme Commander for the Allied Powers).

d. The senior Japanese commanders and all ground, sea, air and auxiliary forces in the Japanese Mandated Islands, Ryukyus, Bonins, and other Pacific Islands shall surrender to the Commander in Chief U. S. Pacific Fleet.

e. The Imperial General Headquarters, its senior commanders, and all ground, sea, air and auxiliary forces in the main islands of Japan, minor islands adjacent thereto, Korea south of 38 north latitude, and the Philippines shall surrender to the Commander in Chief, U. S. Army Forces in the Pacific.

f. The above indicated commanders are the only representatives of the Allied Powers empowered to accept surrenders and all surrenders of Japanese Forces shall be made only to them or to their representatives.

[ Articles 2-12 omitted. ]

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Surrender of Chosen south of 38th parallel

9 September 1945

The English text is one of several posted on the Internet. I have reformatted the received text and corrected the spellings of Shigemitsu Mamoru from "Mamouru Shigemitsu" and Kotsuki Yoshio from "Sozuki Yoshio".

Formal Surrender by Senior Japanese forces in Korea

Instrument of surrender

降伏文書

UNITED STATES ARMY FORCES IN KOREA
HEADQUARTERS XXIV CORPS

OFFICE OF THE COMMANDING GENERAL

APO 235 c/o POSTMASTER
SAN FRANCISCO, CALIFORNIA

FORMAL SURRENDER BY THE SENIOR JAPANESE GROUND, SEA, AIR AND AUXILIARY FORCES COMMANDS WITHIN KOREA SOUTH OF 38 NORTH LATITUDE TO THE COMMANDING GENERAL, UNITED STATES ARMY FORCES IN KOREA, FOR AND IN BEHALF OF THE COMMANDER-IN-CHIEF UNITED STATES ARMY FORCES, PACIFIC

WHEREAS an Instrument of Surrender was on the 2d day of September 1945 by command of and behalf of the Emperor of Japan, the Japanese Government and the Japanese Imperial Headquarters signed by Foreign Minister Mamoru Shigemitsu by command and in behalf of the Emperor of Japan, the Japanese Government and by Yoshijiro Umezu by command of and in behalf of the Japanese Imperial Headquarters and

WHEREAS the terms of the Instrument of Surrender were subsequently as follows:

1. We, acting by command of an in behalf of the Emperor of Japan, the Japanese Government and the Japanese Imperial General Headquarters, hereby accept the provisions set forth in the declaration issued by the heads of the Governments of the United States, China, and Great Britain on 26 July 1945 at Potsdam, and subsequently adhered to by the Union of Soviet Socialist Republics, which four powers are hereafter referred to as the Allied Powers.

2. We hereby proclaim the unconditional surrender to the Allied Powers of the Japanese Imperial General Headquarters and of all Japanese armed forces and all armed forces under the Japanese control wherever situated.

3. We hereby command all Japanese forces wherever situated and the Japanese people to cease hostilities forthwith, to preserve and save from damage all ships, aircraft, and military and civil property and to comply with all requirements which my be imposed by the Supreme Commander for the Allied Powers or by agencies of the Japanese Government at his direction.

4. We hereby command the Japanese Imperial Headquarters to issue at once orders to the Commanders of all Japanese forces and all forces under Japanese control wherever situated to surrender unconditionally themselves and all forces under their control.

5. We hereby command all civil, military and naval officials to obey and enforce all proclamations, and orders and directives deemed by the Supreme Commander for the Allied Powers to be proper to effectuate this surrender and issued by him or under his authority and we direct all such officials to remain at their posts and to continue to perform their non-combatant duties unless specifically relieved by him or under his authority.

6. We hereby undertake for the Emperor, the Japanese Government and their successors to carry out the provisions of the Potsdam Declaration in good faith, and to issue whatever orders and take whatever actions may be required by the Supreme Commander for the Allied Powers or by any other designated representative of the Allied Powers for the purpose of giving effect to that Declaration.

7. We hereby command the Japanese Imperial Government and the Japanese Imperial General Headquarters at once to liberate all allied prisoners of war and civilian internees now under Japanese control and to provide for their protection, care, maintenance and immediate transportation to places as directed.

8. The authority of the Emperor and the Japanese Government to rule the state shall be subject to the Supreme Commander for the Allied Powers who will take such steps as he deems proper to effectuate these terms of surrender.

WHEREAS the terms of surrender were, on the 2d day of September 1945 as given by the United States, the Republic of China, the United Kingdom, the Soviet Union of Socialist Republics and other allied powers, accepted by the Imperial Japanese Government, and

WHEREAS on the 2d day of September 1945 the Imperial General Headquarters by direction of the Emperor has ordered all its commanders in Japan and abroad to cause the Japanese Armed Forces and Japanese controlled forces under their command to cease hostilities at once, to lay down their arms and remain in their present locations and to surrender unconditionally to commanders acting in behalf of the United States, the Republic of China, the United Kingdom, the British Empire and the Union of Socialist Republics, and

WHEREAS the Imperial General Headquarters, its senior commanders and all ground, sea, air and auxiliary forces in the main islands of Japan, minor islands adjacent thereto, Korea south of 38 north latitude and the Philippines were directed to surrender to the Commander-in-Chief of the United States Army Forces, Pacific and

WHEREAS the Commander-in-Chief of the United States Army Forces, Pacific has appointed the Commanding General, XXIV Corps as the Command General, United States Army Forces in Korea, and has directed him as such to act for the Commander-in-Chief United States Army Forces, Pacific in the reception of the surrender of the senior Japanese commanders of all Japanese ground, sea, air and auxiliary forces in Korea south of 38 north latitude and all islands adjacent thereto. Now therefore

We, the undersigned, senior Japanese commanders of all Japanese ground, sea, air and auxiliary forces in Korea south of 38 north latitude, do hereby acknowledge:

a. That we have been duly advised and fully informed of the contents of the Proclamation by the Emperor of Japan, the Instrument of Surrender and the orders herein above referred to.

b. That we accept our duties and obligations under said instruments and orders and recognize the necessity for our strict compliance therewith and adherence thereto.

c. The the Commanding General, United States Army Forces in Korea, is the duly authorized representative of the Commander-in-Chief United States Army Forces, Pacific and that we will completely and immediately carry out and put into effect his instructions.

Finally, we do hereby formally and unconditionally surrender to the Commanding General, United States Army Forces in Korea, all persons in Korea south of 38 degrees North Latitude who are in the Armed Forces of Japan, and all military installations, ordnance, ships, aircraft, and other military equipment or property of every kind or description in Korea, including all islands adjacent thereto, south of 38 degrees North Latitude over which we exercise jurisdiction or control.

In case of conflict or ambiguity between the English text of this document and any translation thereof, the English shall prevail.

Signed at SEOUL, KOREA at 1630 hours on the 9th day of September 1945.

YOSHIO KOTSUKI
Senior Japanese commander of all
Japanese ground and air forces
in Korea south of 38 north latitude.

GISABURO YAMAGUCHI
Senior Japanese commander of all
Japanese naval forces in Korea
south of 38 north latitude.

Certification of Receipt by the Acting Governor General of Korea

Certification of Receipt

I, Nobuyuki Abe, the duly appointed, qualified and acting Governor General of KOREA do hereby certify that I have read and fully understand the contents of the foregoing Instrument of Surrender, and of all documents referred to therein.

I hereby acknowledge the duties and obligations imposed upon me by said documents, insofar as they apply to all matters within my jurisdiction or control as Governor General of Korea, and recognize the necessity of my strict compliance therewith and adherence thereto.

In particular do I recognize that the Commanding General, UNITED STATES ARMY FORCES IN KOREA, is the duly authorized representative of the Commander-in-Chief, UNITED STATES ARMY FORCES, PACIFIC, and that I am completely and immediately to carry out and put into effect his instructions.

Signed at SEOUL, KOREA, at 1630 hours on the 9th day of September 1945.

NOBUYUKI ABE
(Governor General of KOREA)

Accepted at SEOUL, KOREA, at 1630 hours on the 9th day of September 1945 for and in behalf of the Commander-in-Chief of the United States Army Forces, Pacific.

JOHN R. HODGE
JOHN R. HODGE
Lieutenant General U.S. Army
Commanding General
United States Army Forces in Korea

THOMAS C. KINCAID
T. C. KINCAID
Admiral, U. S. Navy
Representative of the United States Navy

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Surrender of Taiwan

9 September 1945

Here we must differentiate between the "Surrender of Taiwan" to Chiang Kai-shek -- which took place in Shanghai on 9 September 1945 -- and the transfer of government and military control of Taiwan from Japan to the Republic China in Taipei on 25 October 1945.

To be continued.

The surrender of Taiwan and other territories to Chiang Kai-shek

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Peaces

The United Nations, though formally established on 24 October 1945, was conceived on 1 January 1942 as an alliance of countries which had agreed to unify their prosecution of the war against the Axis states, namely Germany, Italy, and Japan.

A number of United Nations conferences were held at different venues during World War II. As the war turned in their favor, the Allied Powers began to view the United Nations as a body to facilitate the building of a new postwar world order.

At the Yalta Conference in February 1945, the Allies resolved to establish the United Nations as a successor to the League of Nations, which had failed in its mission to prevent another world war. A conference convened in San Francisco from 25 April 1945 culminated in the signing of the Charter of the United Nations on 26 June.

The League of Nations, created on 28 June 1919, remained entirely dormant during World War II and was formally disbanded on 18 April 1946. Many of the league's agencies were taken over by the United Nations, and most treaties concluded in the name of the league remained in force as United Nations agreements.

Here we will look at parts of the UN Charter

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United Nations Charter

24 October 1945

The Charter of the United Nations played a significant role in the disposition of former Japanese territories, which was signed on 26 June 1945 in San Francisco, and enforced from 24 October 1945. Chapter XI (Declaration Regarding Non-Self-Governing Territories, Articles 73-74), Chapter XII (International Trusteeship System, Article 75-85), and Chapter XIII (The Trusteeship Council, Article 86-91) established the system of trusteeship that would oversee the transition of status of affected territories.

Article 77, in Chapter XII, is particularly important in that it allowed the trusteeship system to be applied to practically all territories that Japan had acquired since the start of the Meiji period.

The trusteeship system naturally applied to territories Japan had been administering under League of Nation's mandates. But it also, in theory at least, applied to Taiwan and Korea, both of which Japan had been ceded in treaties, and which became entirely detached from Japan's sovereign empire. And it applied as well to Okinawa prefecture and several island groups that were parts of Tokyo and Kagoshima prefecture, which were not detached from Japan's sovereign domain but were placed under US administration.

1945 United Nations Charter

Article 77

1. The trusteeship system shall apply to such territories in the following categories as may be placed thereunder by means of trusteeship agreements:

a. territories now held under mandate;

b. territories which may be detached from enemy states as a result of the Second World War; and

c. territories voluntarily placed under the system by states responsible for their administration.

2. It will be a matter for subsequent agreement as to which territories in the foregoing categories will be brought under the trusteeship system and upon what terms.

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Moscow Conference Communique

27 December 1945

Forthcoming.

27 December 1945 Moscow Conference Communique
1. Far Eastern Commission for deliberating issues in Far East
2. Allied Council for Japan for consulting with and advising SCAP
3. Re-establishment of Korea as an independent state in five years
4. Policy of non-interference in the internal affairs of China

COMMUNIQUE ON THE MOSCOW CONFERENCE
OF THE THREE FOREIGN MINISTERS, SIGNED AT
MOSCOW ON 27 DECEMBER 1945, AND REPORT OF THE
MEETING OF THE MINISTERS OF FOREIGN AFFAIRS
OF THE UNION OF THE SOVIET SOCIALIST REPUBLICS,
THE UNITED STATES OF AMERICA AND THE UNITED
KINGDOM, DATED 26 DECEMBER 1945, TOGETHER
CONSTITUTING AN AGREEMENT1 RELATING TO THE
PREPARATION OF PEACE TREATIES AND TO CERTAIN
OTHER PROBLEMS

December 27, 1945

COMMUNIQUE ON THE MOSCOW CONFERENCE
OF THE THREE FOREIGN MINISTERS

The Foreign Ministers of the Union of Soviet Socialist Republics, the United Kingdom, and the United States of America met in Moscow from December 16 to December 26, 1945, in accordance with the decision of the Crimea Conference, confirmed at the Berlin Conference, that there should be periodic consultation between them. At the meeting of the three Foreign Ministers, discussions took place on an informal and exploratory basis and agreement was reached on the following questions:

James F. BYRNES
Ernest BEVIN
V. MOLOTOV


December 26, 1945

REPORT OF THE MEETING OF THE MINISTERS OF FOREIGN
AFFAIRS OF THE UNION OF SOVIET SOCIALIST REPUBLICS,
THE UNITED STATES OF AMERICA AND THE UNITED KINGDOM

At the meeting which took place in Moscow from December 16 to December 26, 1945 of the Ministers of Foreign Affairs of the Union of Soviet Socialist Republics, the United States of America and the United Kingdom, agreement was reached on the following questions:

PREPARATION OF PEACE TREATIES WITH ITALY,
RUMANIA, BULGARIA, HUNGARY AND FINLAND

[ omitted ]

II FAR EASTERN COMMISSION AND ALLIED COUNCIL FOR JAPAN

A. FAR EASTERN COMMISSION

Agreement was reached, with the concurrence of China, for the establishment of a Far Eastern Commission to take the place of the Far Eastern Advisory Commission. The Terms of Reference for the Far Eastern Commission are as follows:

I. Establishment of the Commission

A Far Eastern Commission is hereby established composed of the representatives of the Union of Soviet Socialist Republics, United Kingdom, United States, China, France, the Netherlands, Canada, Australia, New Zealand, India, and the Philippine Commonwealth.

[ rest omitted ]

Note   The commission was headquartered in Washington, D.C. and was essentially under the control of the United States. It's termination would be decided by the four powers: US, UK, USSR, and China. It was disbanded after the San Francisco Peace Treaty came into effect.]

B. ALLIED COUNCIL FOR JAPAN

The following agreement was also reached, with the concurrence of China, for the establishment of an Allied Council for Japan:

1. There shall be established an Allied Council with its seat in Tokyo under the chairmanship of the Supreme Commander for the Allied Powers (or his Deputy) for the purpose of consulting with and advising the Supreme Commander in regard to the implementation of the Terms of Surrender, the occupation and control of Japan, and of directives supplementary thereto; and for the purpose of exercising the control authority herein granted.

2. The membership of the Allied Council shall consist of the Supreme Commander (or his Deputy) who shall be Chairman and United States member; a Union of Soviet Socialist Republics member; a Chinese member; and a member representing jointly the United Kingdom, Australia, New Zealand, and India.

[ rest omitted ]

Note   The council, overseen by the Far Eastern Commission, ended up giving SCAP practically free reign over the Occupation of Japan. The council was disbanded with FEC after the San Francisco Peace Treaty came into effect.

III KOREA

1. With a view to the re-establishment of Korea as an independent state, the creation of conditions for developing the country on democratic principles and the earliest possible liquidation of the disastrous results of the protracted Japanese domination in Korea, there shall be set up a provisional Korean democratic government which shall take all the necessary steps for developing the industry, transport and agriculture of Korea and the national culture of the Korean people.

2. In order to assist the formation of a provisional Korean government and with a view to the preliminary elaboration of the appropriate measures, there shall be established a Joint Commission consisting of representatives of the United States command in southern Korea and the Soviet command in northern Korea. In preparing their proposals the Commission shall consult with the Korean democratic parties and social organizations. The recommendations worked out by the Commission shall be presented for the consideration of the Governments of the Union of Soviet Socialist Republics, China, the United Kingdom and the United States prior to the final decision by the two Governments represented on the Joint Commission.

3. It shall be the task of the Joint Commission, with the participation of the provisional Korean democratic government and of the Korean democratic organizations to work out measures also for helping and assisting (trusteeship) the political, economic and social progress of the Korean people, the development of democratic self-government and the establishment of the national independence of Korea. The proposals of the Joint Commission shall be submitted, following consultation with the provisional Korean Government for the joint consideration of the Governments of the United States, Union of Soviet Socialist Republics, United Kingdom and China for the working out of an agreement concerning a four-power trusteeship of Korea for a period up to five years.

Note   While it took only three years for two Korean states to be established, it took another three years to sign a peace treaty that, when it came into effect from 28 April 1952, would finally release the Korean peninsula from the Japan's nominal sovereignty over the territory.

4. For the consideration of urgent problems affecting both southern and northern Korea and for the elaboration of measures establishing permanent coordination in administrative-economic matters between the United States command in southern Korea and the Soviet command in northern Korea, a conference of the representatives of the United States and Soviet commands in Korea shall be convened within a period of two weeks.

IV CHINA

The three Foreign Secretaries exchanged views with regard to the situation in China. They were in agreement as to the need for a unified and democratic China under the National Government, for broad participation by democratic elements in all branches of the National Government, and for a cessation of civil strife. They reaffirmed their adherence to the policy of non-interference in the internal affairs of China. Mr. Molotov and Mr. Byrnes had several conversations concerning Soviet and American armed forces in China. Mr. Molotov stated that the Soviet forces had disarmed and deported Japanese troops in Manchuria but that withdrawal of Soviet forces had been postponed until February 1st at the request of the Chinese Government. Mr. Byrnes pointed out that American forces were in north China at the request of the Chinese Government, and referred also to the primary responsibility of the United States in the implementation of the Terms of Surrender with respect to the disarming and deportation of Japanese troops. He stated that American forces would be withdrawn just as soon as this responsibility was dis charged or the Chinese Government was in a position to discharge the responsibility without the assistance of American forces. The two Foreign Secretaries were in complete accord as to the desirability of withdrawal of Soviet and American forces from China at the earliest practicable moment consistent with the discharge of their obligations and responsibilities.

V RUMANIA

[ omitted ]

VI BULGARIA

[ omitted ]

VII THE ESTABLISHMENT BY THE UNITED NATIONS OF
A COMMISSION FOR THE CONTROL OF ATOMIC ENERGY

[ omitted ]

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San Francisco Peace Treaty

28 April 1952

aka Treaty of Peace with Japan (Treaty No. 5 of 1952)
aka Treaty of San Francisco
Signed 8 September 1951
Enforced from 28 April 1952
In English, French, Spanish, and Japanese

Taiwanese and Koreans, who were Japanese nationals at the time Japan surrendered, formally lost their Japanese nationality on the date the Treaty of San Francisco came into force.

The territorial provisions of the treaty were as follows.

Excerpts from related provisions in early drafts are grouped at the end.

Given the complexities of the matters that had to be resolved between Japan and the Allied Powers after World War II, the San Francisco Peace Treaty is a study of treaty minimalism -- compared with, say, the Versailles Treaty of 1919. Conspicuously missing in the San Francisco Treaty are provisions for the disposition of the territories over which, in the treaty, Japan agreed to abandon all claims and rights, and the nationality statuses of the people inhabiting or otherwise affiliated with these territories, in particular Korea (Chōsen) and Formosa (Taiwan), and Koreans (Chosenese) and Formosans (Taiwanese).

Given the deteriorated political conditions in East Asia at the time, it is understandable that the treaty was unable to stipulate more than Japan's abandonment of Formosa, Korea, and other territories which had been part of its sovereign or legal dominion. Under the circumstances, Japan and the entities which had gained control of the abandoned territories would have to cut their own deals -- under their own authorities as sovereign states, without the intervention of the Allied Powers or other third parties. And over six decades later, some deals have yet to be cut over contested territories, and some nationality statuses remain unrecognized.

1951 San Francisco Peace Treaty
No specification of "China" or "Korea" entities

English text

The English text is a reformatted version of the text as posted on the website of "The World and Japan" Database Project (データベース「世界と日本」 Deetabeesu "Sekai to Nihon"), maintained by the Tanaka Akihiko Research Group at the Institute of Oriental Culture, University of Tokyo (東京大学東洋文化研究所、田中明彦研究室 Tōkyō Daigaku Tōyō Bunka Kenkyūjo, Tanaka Akihiko Kenkyūshitsu).

The text is attributed to Japan's Foreign Relations Basic Documents Vol. 1, pages 419-439, Shuyo Joyakushu, pages 5-32. Many similar copies of this text are available on the internet.

Japanese Text

The Japanese text is also based on the version posted on the "The World and Japan" Database Project.The text is attributed to 日本外交主要文書・年表 1 (Nihon gaikō shuyō bunsho, nenpyō 1), pages 419-440, 主要条約集 (Shuyō jōyaku shū), pages 5-32. Many similar copies of this text are available on the internet.

Treaty of Peace with Japan 日本国との平和条約

Whereas the Allied Powers and Japan are resolved that henceforth their relations shall be those of nations which, as sovereign equals, cooperate in friendly association to promote their common welfare and to maintain international peace and security, and are therefore desirous of concluding a Treaty of Peace which will settle questions still outstanding as a result of the existence of a state of war between them;

Whereas Japan for its part declares its intention to apply for membership in the United Nations and in all circumstances to conform to the principles of the Charter of the United Nations; to strive to realize the objectives of the Universal Declaration of Human Rights; to seek to create within Japan conditions of stability and well-being as defined in Articles 55 and 56 of the Charter of the United Nations and already initiated by post-surrender Japanese legislation; and in public and private trade and commerce to conform to internationally accepted fair practices;

Whereas the Allied Powers welcome the intentions of Japan set out in the foregoing paragraph;

The Allied Powers and Japan have therefore determined to conclude the present Treaty of Peace, and have accordingly appointed the undersigned Plenipotentiaries, who, after presentation of their full powers, found in good and due form, have agreed on the following provisions:

連合国及び日本国は,両者の関係が,今後,共通の福祉を増進し且つ国際の平和及び安全を維持するために主権を有する対等のものとして友好的な連携の下に協力する国家の間の関係でなければならないことを決意し,よつて,両者の間の戦争状態の存在の結果として今なお未決である問題を解決する平和条約を締結することを希望するので,

日本国としては,国際連合への加盟を申請し且つあらゆる場合に国際連合憲章の原則を遵守し,世界人権宣言の目的を実現するために努力し,国際連合憲章第五十五条及び第五十六条に定められ且つ既に降伏後の日本国の法制によつて作られはじめた安定及び福祉の条件を日本国内に創造するために努力し,並びに公私の貿易及び通商において国際的に承認された公正な慣行に従う意思を宣言するので

連合国は,前項に掲げた日本国の意思を歓迎するので,

よつて,連合国及び日本国は,この平和条約を締結することに決定し,これに応じて下名の全権委員を任命した。これらの全権委員は,その全権委任状を示し,それが良好妥当であると認められた後,次の規定を協定した。

Chapter I: Peace 第一章 平和

Article 1

(a) The state of war between Japan and each of the Allied Powers is terminated as from the date on which the present Treaty comes into force between Japan and the Allied Power concerned as provided for in Article 23.

(b) The Allied Powers recognize the full sovereignty of the Japanese people over Japan and its territorial waters.

第一条

(a)日本国と各連合国との間の戦争状態は,第二十三条の定めるところによりこの条約が日本国と当該連合国との間に効力を生ずる日に終了する。

(b)連合国は,日本国及びその領水に対する日本国民の完全な主権を承認する。

Chapter II: Territory 第二章 領域

Article 2

(a) Japan, recognizing the independence of Korea, renounces all right, title, and claim to Korea, including the islands of Quelpart, Port Hamilton and Dagelet.

(b) Japan renounces all right, title and claim to Formosa and the Pescadores.

(c) Japan renounces all right, title and claim to the Kurile Islands, and to that portion of Sakhalin and the islands adjacent to it over which Japan acquired sovereignty as a consequence of the Treaty of Portsmouth of September, 5, 1905.

(d) Japan renounces all right, title and claim in connection with the League of Nations Mandate System, and accepts the action of the United Nations Security Council of April 2, 1947, extending the trusteeship system to the Pacific Islands formerly under mandate to Japan.

(e) Japan renounces all claim to any right or title to or interest in connection with any part of the Antarctic area, whether deriving from the activities of Japanese nationals or otherwise.

(f) Japan renounces all right, title and claim to the Spratly Islands and to the Paracel Islands.

第二条

(a)日本国は,朝鮮の独立を承認して,済州島,巨文島及び欝陵島を含む朝鮮に対するすべての権利,権原及び請求権を放棄する。

(b)日本国は,台湾及び澎湖諸島に対するすべての権利,権原及び請求権を放棄する。

(c)日本国は,千島列島並びに日本国が千九百五年九月五日のポーツマス条約の結果として主権を獲得した樺太の一部及びこれに近接する諸島に対するすべての権利,権原及び請求権を放棄する。

(d)日本国は,国際連盟の委任統治制度に関連するすべての権利,権原及び請求権を放棄し,且つ,以前に日本国の委任統治の下にあつた太平洋の諸島に信託統治制度を及ぼす千九百四十七年四月二日の国際連合安全保障理事会の行動を受諾する。

(e)日本国は,日本国民の活動に由来するか又は他に由来するかを問わず,南極地域のいずれの部分に対する権利若しくは権原又はいずれの部分に関する利益についても,すべての請求権を放棄する。

(f)日本国は,新南群島及び西沙群島に対するすべての権利,権原及び請求権を放棄する。

Article 3

Japan will concur in any proposal of the United States to the United Nations to place under its trusteeship system, with the United States as the sole administering authority, Nansei Shoto south of 29° [degrees] north latitude (including the Ryukyu Islands and the Daito Islands), Nanpo Shoto south of Sofu Gan (including the Bonin Islands, Rosario Island and the Volcano Islands) and Parece Vela and Marcus Island. Pending the making of such a proposal and affirmative action thereon, the United States will have the right to exercise all and any powers of administration, legislation and jurisdiction over the territory and inhabitants of these islands, including their territorial waters.

第三条

日本国は,北緯二十九度以南の南西諸島(琉球諸島及び大東諸島を含む。)孀婦岩の南の南方諸島(小笠原群島,西之島及び火山列島を含む。)並びに沖の鳥島及び南鳥島を合衆国を唯一の施政権者とする信託統治制度の下におくこととする国際連合に対する合衆国のいかなる提案にも同意する。このような提案が行われ且つ可決されるまで,合衆国は,領水を含むこれらの諸島の領域及び住民に対して,行政,立法及び司法上の権力の全部及び一部を行使する権利を有するものとする。

Article 4

(a) Subject to the provisions of paragraph (b) of this Article, the disposition of property of Japan and of its nationals in the areas referred to in Article 2, and their claims, including debts, against the authorities presently administering such areas and the residents (including juridical persons) thereof, and the disposition in Japan of property of such authorities and residents, and of claims, including debts, of such authorities and residents against Japan and its nationals, shall be the subject of special arrangements between Japan and such authorities. The property of any of the Allied Powers or its nationals in the areas referred to in Article 2 shall, insofar as this has not already been done, be returned by the administering authority in the condition in which it now exists. (The term nationals whenever used in the present Treaty includes juridical persons.)

(b) Japan recognizes the validity of dispositions of property of Japan and Japanese nationals made by or pursuant to directives of the United States Military Government in any of the areas referred to in Articles 2 and 3.

(c) Japanese owned submarine cables connecting Japan with territory removed from Japanese control pursuant to the present Treaty shall be equally divided, Japan retaining the Japanese terminal and adjoining half of the cable, and the detached territory the remainder of the cable and connecting terminal facilities.

第四条

(a)この条の(b)の規定を留保して,日本国及びその国民の財産で第二条に掲げる地域にあるもの並びに日本国及びその国民の請求権(債権を含む。)で現にこれらの地域の施政を行つている当局及びそこの住民(法人を含む。)に対するものの処理並びに日本国におけるこれらの当局及び住民の財産並びに日本国及びその国民に対するこれらの当局及び住民の請求権(債権を含む。)の処理は,日本国とこれらの当局との間の特別取極の主題とする。第二条に掲げる地域にある連合国又はその国民の財産は,まだ返還されていない限り,施政を行つている当局が現状で返還しなければならない。(国民という語は,この条約で用いるときはいつでも,法人を含む。)

(b)日本国は,第二条及び第三条に掲げる地域のいずれかにある合衆国軍政府により,又はその指令に従つて行われた日本国及びその国民の財産の処理の効力を承認する。

(c)日本国とこの条約に従つて日本国の支配から除かれる領域とを結ぶ日本所有の海底電線は,二等分され,日本国は,日本の終点施設及びこれに連なる電線の半分を保有し,分離される領域は,残りの電線及びその終点施設を保有する。

Chapter III: Security 第三章 安全

Article 5

(a) Japan accepts the obligations set forth in Article 2 of the Charter of the United Nations, and in particular the obligations.

(i) to settle its international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered;

(ii) to refrain in its international relations from the threat or use of force against the territorial integrity or political independence of any State or in any other manner inconsistent with the Purposes of the United Nations;

(iii) to give the United Nations every assistance in any action it takes in accordance with the Charter and to refrain from giving assistance to any State against which the United Nations may take preventive or enforcement action.

(b) The Allied Powers confirm that they will be guided by the principles of Article 2 of the Charter of the United Nations in their relations with Japan.

(c) The Allied Powers for their part recognize that Japan as a sovereign nation possesses the inherent right of individual or collective self-defense referred to in Article 51 of the Charter of the United Nations and that Japan may voluntarily enter into collective security arrangements.

第五条

(a)日本国は,国際連合憲章第二条に掲げる義務,特に次の義務を受諾する。

(i)その国際紛争を,平和的手段によつて国際の平和及び安全並びに正義を危うくしないように解決すること。

(ii)その国際関係において,武力による威嚇又は武力の行使は,いかなる国の領土保全又は政治的独立に対するものも,また,国際連合の目的と両立しない他のいかなる方法によるものも慎むこと。

(iii)国際連合が憲章に従つてとるいかなる行動についても国際連合にあらゆる援助を与え,且つ,国際連合が防止行動又は強制行動をとるいかなる国に対しても援助の供与を慎むこと。

(b)連合国は,日本国との関係において国際連合憲章第二条の原則を指針とすべきことを確認する。

(c)連合国としては,日本国が主権国として国際連合憲章第五十一条に掲げる個別的又は集団的自衛の固有の権利を有すること及び日本国が集団的安全保障取極を自発的に締結することができることを承認する。

Article 6

(a) All occupation forces of the Allied Powers shall be withdrawn from Japan as soon as possible after the coming into force of the present Treaty, and in any case not later than 90 days thereafter. Nothing in this provision shall, however, prevent the stationing or retention of foreign armed forces in Japanese territory under or in consequence of any bilateral or multilateral agreements which have been or may be made between one or more of the Allied Powers, on the one hand, and Japan on the other.

(b) The provisions of Article 9 of the Potsdam Proclamation of July 26, 1945, dealing with the return of Japanese military forces to their homes, to the extent not already completed, will be carried out.

(c) All Japanese property for which compensation has not already been paid, which was supplied for the use of the occupation forces and which remains in the possession of those forces at the time of the coming into force of the present Treaty, shall be returned to the Japanese Government within the same 90 days unless other arrangements are made by mutual agreement.

第六条

(a)連合国のすべての占領軍は,この条約の効力発生の後なるべくすみやかに,且つ,いかなる場合にもその後九十日以内に,日本国から撤退しなければならない。但し,この規定は,一又は二以上の連合国を一方とし,日本国を他方として双方の間に締結された若しくは締結される二国間若しくは多数国間の協定に基く,又はその結果としての外国軍隊の日本国の領域における駐とん{前2文字強調}又は駐留を妨げるものではない。

(b)日本国軍隊の各自の家庭への復帰に関する千九百四十五年七月二十六日のポツダム宣言の第九項の規定は,まだその実施が完了されていない限り,実行されるものとする。

(c)まだ代価が支払われていないすべての日本財産で,占領軍の使用に供され,且つ,この条約の効力発生の時に占領軍が占有しているものは,相互の合意によつて別段の取極が行われない限り,前期の九十日以内に日本国政府に返還しなければならない。

Chapter IV: Political and Economic Clauses 第四章 政治及び経済条項

Article 7

(a) Each of the Allied Powers, within one year after the present Treaty has come into force between it and Japan, will notify Japan which of its prewar bilateral treaties or conventions with Japan it wishes to continue in force or revive, and any treaties or conventions so notified shall continue in force or be revived subject only to such amendments as may be necessary to ensure conformity with the present Treaty. The treaties and conventions so notified shall be considered as having been continued in force or revived three months after the date of notification and shall be registered with the Secretariat of the United Nations. All such treaties and conventions as to which Japan is not so notified shall be regarded as abrogated.

(b) Any notification made under paragraph (a) of this Article may except from the operation or revival of a treaty or convention any territory for the international relations of which the notifying Power is responsible, until three months after the date on which notice is given to Japan that such exception shall cease to apply.

第七条

(a)各連合国は,自国と日本国との間にこの条約が効力を生じた後一年以内に,日本国との戦前のいずれの二国間の条約又は協約を引き続いて有効とし又は復活させることを希望するかを日本国に通告するものとする。こうして通告された条約又は協約は,この条約に適合することを確保するための必要な修正を受けるだけで,引き続いて有効とされ,又は復活される。こうして通告された条約及び協約は,通告の日の後三箇月で,引き続いて有効なものとみなされ,又は復活され,且つ,国際連合事務局に登録されなければならない。日本国にこうして通告されないすべての条約及び協約は,廃棄されたものとみなす。

(b)この条の(a)に基いて行う通告においては,条約又は協約の実施又は復活に関し,国際関係について通告国が責任をもつ地域を除外することができる。この除外は,除外の適用を終止することが日本国の通告される日の三箇月後まで行われるものとする。

Article 8

(a) Japan will recognize the full force of all treaties now or hereafter concluded by the Allied Powers for terminating the state of war initiated on September 1, 1939, as well as other arrangements by the Allied Powers or in connection with the restoration of peace. Japan also accepts the arrangements made for terminating the former League of Nations and Permanent Court of International Justice.

(b) Japan renounces all such rights and interests as it may derive from being a signatory power of the Conventions of St. Germain-en-Laye of September l0, 1919, and the Straits Agreement of Montreux of July 20, 1936, and from Article 16 of the Treaty of Peace with Turkey signed at Lausanne on July 24, 1923.

(c) Japan renounces all rights, title and interests acquired under, and is discharged from all obligations resulting from, the Agreement between Germany and the Creditor Powers of January 20, 1930, and its Annexes, including the Trust Agreement, dated May 17, 1930; the Convention of January 20, 1930, respecting the Bank for International Settlements; and the Statutes of the Bank for International Settlements. Japan will notify to the Ministry of Foreign Affairs in Paris within six months of the first coming into force of the present Treaty its renunciation of the rights, title and interests referred to in this paragraph.

第八条

(a)日本国は,連合国が千九百三十九年九月一日に開始された戦争状態を終了するために現に締結し又は今後締結するすべての条約及び連合国が平和の回復のため又はこれに関連して行う他の取極の完全な効力を承認する。日本国は,また,従前の国際連盟及び常設国際司法裁判所を終止するために行われた取極を受諾する。

(b)日本国は,千九百十九年九月十日のサン・ジェルマン=アン=レイの諸条約及び千九百三十六年七月二十日のモントルーの海峡条約の署名国であることに由来し,並びに千九百二十三年七月二十四日にローザンヌで署名されたトルコとの平和条約の第十六条に由来するすべての権利及び利益を放棄する。

(c)日本国は,千九百三十年一月二十日のドイツと債権国との間の協定及び千九百三十年五月十七日の信託協定を含むその附属書並びに千九百三十年一月二十日の国際決済銀行に関する条約及び国際決済銀行の定款に基いて得たすべての権利,権原及び利益を放棄し,且つ,それらから生ずるすべての義務を免かれる。日本国は,この条約の最初の効力発生の後六箇月以内に,この項に掲げる権利,権原及び利益の放棄をパリの外務省に通告するものとする。

Article 9

Japan will enter promptly into negotiations with the Allied Powers so desiring for the conclusion of bilateral and multilateral agreements providing for the regulation or limitation of fishing and the conservation and development of fisheries on the high seas.

第九条

日本国は,公海における漁猟の規制又は制限並びに漁業の保存及び発展を規定する二国間及び多数国間の協定を締結するために,希望する連合国とすみやかに交渉を開始するものとする。

Article 10

Japan renounces all special rights and interests in China, including all benefits and privileges resulting from the provisions of the final Protocol signed at Peking on September 7, 1901, and all annexes, notes and documents supplementary thereto, and agrees to the abrogation in respect to Japan of the said protocol, annexes, notes and documents.

第十条

日本国は,千九百一年九月七日に北京で署名された最終議定書並びにこれを補足するすべての附属書,書簡及び文書の規定から生ずるすべての利得及び特権を含む中国におけるすべての特殊の権利及び利益を放棄し,且つ,前期の議定書,附属書,書簡及び文書を日本国に関して廃棄することに同意する。

Article 11

Japan accepts the judgments of the International Military Tribunal for the Far East and of other Allied War Crimes Courts both within and outside Japan, and will carry out the sentences imposed thereby upon Japanese nationals imprisoned in Japan. The power to grant clemency, to reduce sentences and to parole with respect to such prisoners may not be exercised except on the decision of the Government or Governments which imposed the sentence in each instance, and on the recommendation of Japan. In the case of persons sentenced by the International Military Tribunal for the Far East, such power may not be exercised except on the decision of a majority of the Governments represented on the Tribunal, and on the recommendation of Japan.

第十一条

日本国は,極東国際軍事裁判所並びに日本国内及び国外の他の連合国戦争犯罪法廷の裁判を受諾し,且つ,日本国で拘禁されている日本国民にこれらの法廷が課した刑を執行するものとする。これらの拘禁されている物を赦免し,減刑し,及び仮出獄させる権限は,各事件について刑を課した一又は二以上の政府の決定及び日本国の勧告に基く場合の外,行使することができない。極東国際軍事裁判所が刑を宣告した者については,この権限は,裁判所に代表者を出した政府の過半数の決定及び日本国の勧告に基く場合の外,行使することができない。

Article 12

(a) Japan declares its readiness promptly to enter into negotiations for the conclusion with each of the Allied Powers of treaties or agreements to place their trading, maritime and other commercial relations on a stable and friendly basis.

(b) Pending the conclusion of the relevant treaty or agreement, Japan will, during a period of four years from the first coming into force of the present Treaty.

(1) accord to each of the Allied Powers, its nationals, products and vessels

(i) most-favored-nation treatment with respect to customs duties, charges, restrictions and other regulations on or in connection with the importation and exportation of goods;

(ii) national treatment with respect to shipping, navigation and imported goods, and with respect to natural and juridical persons and their interests-such treatment to include all matters pertaining to the levying and collection of taxes, access to the courts, the making and performance of contracts, rights to property (tangible and intangible), participation in juridical entities constituted under Japanese law, and generally the conduct of all kinds of business and professional activities;

(2) ensure that external purchases and sales of Japanese state trading enterprises shall be based solely on commercial considerations.

(c) In respect to any matter, however, Japan shall be obliged to accord to an Allied Power national treatment, or most-favored-nation treatment, only to the extent that the Allied Power concerned accords Japan national treatment or most-favored-nation treatment, as the case may be, in respect of the same matter. The reciprocity envisaged in the foregoing sentence shall be determined, in the case of products, vessels and juridical entities of, and persons domiciled in, any non-metropolitan territory of an Allied Power, and in the case of juridical entities of, and persons domiciled in, any state or province of an Allied Power having a federal government, by reference to the treatment accorded to Japan in such territory, state or province.

(d) In the application of this Article, a discriminatory measure shall not be considered to derogate from the grant of national or most-favored-nation treatment, as the case may be, if such measure is based on an exception customarily provided for in the commercial treaties of the party applying it, or on the need to safeguard that party's external financial position or balance of payments (except in respect to shipping and navigation), or on the need to maintain its essential security interests, and provided such measure is proportionate to the circumstances and not applied in an arbitrary or unreasonable manner.

(e) Japan's obligations under this Article shall not be affected by the exercise of any Allied rights under Article 14 of the present Treaty; nor shall the provisions of this Article be understood as limiting the undertakings assumed by Japan by virtue of Article 15 of the Treaty.

第十二条

(a)日本国は,各連合国と,貿易,海運その他の通商の関係を安定した且つ友交的な基礎の上におくために,条約又は協定を締結するための交渉をすみやかに開始する用意があることを宣言する。

(b)該当する条約又は協定が締結されるまで,日本国は,この条約の最初の効力発生の後四年間,

(1)各連合国並びにその国民,産品及び船舶に次の待遇を与える。

(i)貨物の輸出入に対する,又これに関連する関税,課金,制限その他の規制に関する最恵国待遇

(ii)海運,航海及び輸入貨物に関する内国民待遇並びに自然人,法人及びその利益に関する内国民待遇。この待遇は,税金の賦課及び徴収,裁判を受けること,契約の締結及び履行,財産権(有体財産及び無体財産に関するもの),日本国の法律に基いて組織された法人への参加並びに一般にあらゆる種類の事業活動及び職業活動の遂行に関するすべての事項を含むものとする。

(2)日本国の国営商企業の国外における売買が商業的考慮にのみ基くことを確保する。

(c)もつとも,いずれの事項に関しても,日本国は,連合国が当該事項についてそれぞれ内国民待遇又は最恵国待遇を日本に与える限定においてのみ,当該連合国に内国民待遇又は最恵国待遇を与える義務を負うものとする。前段に定める相互主義は,連合国の非本土地域の産品,船舶,法人及びそこに住所を有する人の場合並びに連邦政府をもつ連合国の邦又は法人及びそこに住所を有する人の場合には,その地域,邦又は州において日本国に与えられる待遇に照らして決定される。

(d)この条の適用上,差別的措置であつて,それを適用する当事国の通商条約に通常規定されている例外に基くもの,その当事国の対外的財政状態若しくは国際収支を保護する必要に基くもの(海運及び航海に関するものを除く。)又は重大な安全上の利益を維持する必要に基くものは,事態に相応しており,且つ,ほしいままな又は不合理な方法で適用されない限り,それぞれ内国民待遇又は最恵国待遇の許与を害するものと認めてはならない。

(e)この条に基く日本国の義務は,この条約の第十四条に基く連合国の権利の行使によつて影響されるものではない。また,この条の規定は,この条約の第十五条によつて日本国が引き受ける約束を制限するものと了解してはならない。

Article 13

(a) Japan will enter into negotiations with any of the Allied Powers, promptly upon the request of such Power or Powers, for the conclusion of bilateral or multilateral agreements relating to international civil air transport.

(b) Pending the conclusion of such agreement or agreements, Japan will, during a period of four years from the first coming into force of the present Treaty, extend to such Power treatment not less favorable with respect to air-traffic rights and privileges than those exercised by any such Powers at the date of such coming into force, and will accord complete equality of opportunity in respect to the operation and development of air services.

(c) Pending its becoming a party to the Convention on International Civil Aviation in accordance with Article 93 thereof, Japan will give effect to the provisions of that Convention applicable to the international navigation of aircraft, and will give effect to the standards, practices and procedures adopted as annexes to the Convention in accordance with the terms of the Convention.

第十三条

(a)日本国は,国際民間航空運送に関する二国間又は多数国間の協定を締結するため,一又は二以上の連合国の要請があつたときはすみやかに,当該連合国と交渉を開始するものとする。

(b)一又は二以上の前期の協定が締結されるまで,日本国は,この条約の最初の効力発生の時から四年間,この効力発生の日にいずれかの連合国が行使しているところよりも不利でない航空交通の権利及び特権に関する待遇を当該連合国に与え,且つ,航空業務の運営及び発達に関する完全な機会均等を与えるものとする。

(c)日本国は,国際民間航空条約第九十三条に従つて同条約の当事国となるまで,航空機の国際航空に適用すべきこの条約の規定を実施し,且つ,同条約の条項に従つて同条約の附属書として採択された標準,方式及び手続を実施するものとする。

Chapter V: Claims and Property 第五章 請求権及び財産

Article 14

(a) It is recognized that Japan should pay reparations to the Allied Powers for the damage and suffering caused by it during the war. Nevertheless it is also recognized that the resources of Japan are not presently sufficient, if it is to maintain a viable economy, to make complete reparation for all such damage and suffering and at the same time meet its other obligations.

Therefore,

1. Japan will promptly enter into negotiations with Allied Powers so desiring, whose present territories were occupied by Japanese forces and damaged by Japan, with a view to assisting to compensate those countries for the cost of repairing the damage done, by making available the services of the Japanese people in production, salvaging and other work for the Allied Powers in question. Such arrangements shall avoid the imposition of additional liabilities on other Allied Powers, and, where the manufacturing of raw materials is called for, they shall be supplied by the Allied Powers in question, so as not to throw any foreign exchange burden upon Japan.

2. (I) Subject to the provisions of subparagraph (II) below, each of the Allied Powers shall have the right to seize, retain, liquidate or otherwise dispose of all property, rights and interests of

(a) Japan and Japanese nationals,

(b) persons acting for or on behalf of Japan or Japanese nationals, and

(c) entities owned or controlled by Japan or Japanese nationals,

which on the first coming into force of the present Treaty were subject to its jurisdiction. The property, rights and interests specified in this sub-paragraph shall include those now blocked, vested or in the possession or under the control of enemy property authorities of Allied Powers, which belonged to, or were held or managed on behalf of, any of the persons or entities mentioned in (a), (b) or (c) above at the time such assets came under the controls of such authorities.

(II) The following shall be excepted from the right specified in sub-paragraph (I) above:

(i) property of Japanese natural persons who during the war resided with the permission of the Government concerned in the territory of one of the Allied Powers, other than territory occupied by Japan, except property subjected to restrictions during the war and not released from such restrictions as of the date of the first coming into force the present Treaty;

(ii) All real property, furniture and fixtures owned by the Government of Japan and used for diplomatic or consular purposes, and all personal furniture and furnishings and other private property not of an investment nature which was normally, necessary for the carrying out of diplomatic and consular functions, owned by Japanese" diplomatic and consular personnel;

(iii) property belonging to religious bodies or private charitable institutions and used exclusively for religious or charitable purposes;

(iv) property, rights and interests which have come within its jurisdiction in consequence of the resumption of trade and financial relations subsequent to September 2, 1945, between the country concerned and Japan, except such as have resulted from transactions contrary to the laws of the Allied Power concerned;

(v) obligations of Japan or Japanese nationals, any right, title or interest in tangible property located in Japan, interests in enterprises organized under the laws of Japan, or any paper evidence thereof; provided that this exception shall only apply to obligations of Japan and its nationals expressed in Japanese currency.

(III) Property referred to in exceptions (i) through (v) above shall be returned subject to reasonable expenses for its preservation and administration. If any such property has been liquidated the proceeds shall be returned instead.

(IV) The right to seize, retain, liquidate or otherwise dispose of property as provided in sub-paragraph (I) above shall be exercised in accordance with the laws of the Allied Power concerned, and the owner shall have only such rights as may be given him by those laws.

(V) The Allied Powers agree to deal with Japanese trademarks and literary and artistic property rights on a basis as favorable to Japan as circumstances ruling in each country will permit.

(b) Except as otherwise provided in the present Treaty, the Allied Powers waive all reparations claims of the Allied Powers, other claims of the Allied Powers and their nationals arising out of any actions taken by Japan and its nationals in the course of the prosecution of the war, and claims of the Allied Powers for direct military costs of occupation.

第十四条

(a)日本国は,戦争中に生じさせた損害及び苦痛に対して,連合国に賠償を支払うべきことが承認される。しかし,また,存立可能な経済を維持すべきものとすれば,日本国の資源は,日本国がすべての前記の損害又は苦痛に対して完全な賠償を行い且つ同時に他の債務を履行するためには現在充分でないことが承認される。

よつて,

1 日本国は,現在の領域が日本国軍隊によつて占領され,且つ,日本国によつて損害を与えられた連合国が希望するときは,生産,沈船引揚げその他の作業における日本人の役務を当該連合国の利用に供することによつて,与えた損害を修復する費用をこれらの国に補償することに資するために,当該連合国とすみやかに交渉を開始するものとする。その取極は,他の連合国に追加負担を課することを避けなければならない。また,原材料からの製造が必要とされる場合には,外国為替上の負担を日本国に課さないために,原材料は,当該連合国が供給しなければならない。

2(I)次の(II)の規定を留保して,各連合国は,次に掲げるもののすべての財産,権利及び利益でこの条約の最初の効力発生の時にその管轄の下にあるものを差し押え,留置し,清算し,その他何らかの方法で処分する権利を有する。

(a)日本国及び日本国民

(b)日本国又は日本国民の代理者又は代行者

並びに

(c)日本国又は日本国民が所有し,又は支配した団体

この(I)に明記する財産,権利及び利益は,現に,封鎖され,若しくは所属を変じており,又は連合国の敵産管理当局の占有若しくは管理に係るもので,これらの資産が当該当局の管理の下におかれた時に前記の(a),(b)又は(c)に掲げるいずれかの人又は団体に属し,又はこれらのために保有され,若しくは管理されていたものを含む。

(II)次のものは,前記の(I)に明記する権利から除く。

(i)日本国が占領した領域以外の連合国の一国の領域に当該政府の許可を得て戦争中に居住した日本の自然人の財産。但し,戦争中に制限を課され,且つ,この条約の最初の効力発生の日にこの制限を解除されない財産を除く。

(ii)日本国政府が所有し,且つ,外交目的又は領事目的に使用されたすべての不動産,家具及び備品並びに日本国の外交職員又は領事職員が所有したすべての個人の家具及び用具類その他の投資敵性質をもたない私有財産で外交機能又は領事機能の遂行に通常必要であつたもの

(iii)宗教団体又は私的慈善団体に属し,且つ,もつぱら宗教又は慈善の目的に使用した財産

(iv)関係国と日本国との間における千九百四十五年九月二日後の貿易及び金融の関係の再開の結果として日本国の管轄内にはいつた財産,権利及び利益。但し,当該連合国の法律に反する取引から生じたものを除く。

(v)日本国若しくは日本国民の債務,日本国に所在する有体財産に関する権利,権原若しくは利益,日本国の法律に基いて組織された企業に関する利益又はこれらについての証書。但し,この例外は,日本国の通貨で表示された日本国及びその国民の債務にのみ適用する。

(III)前記の例外から(i)から(v)までに掲げる財産は,その保存及び管理のために要した合理的な費用が支払われることを条件として,返還されなければならない。これらの財産が清算されているときは,代りに売得金を返還しなければならない。

(IV)前記の(I)に規定する日本財産を差し押え,留置し,清算し,その他何らの方法で処分する権利は,当該連合国の法律に従つて行使され,所有者は,これらの法律によつて与えられる権利のみを有する。

(V)連合国は,日本の商標並びに文学的及び美術的著作権を各国の一般的事情が許す限り日本国に有利に取り扱うことに同意する。

(b)この条約に別段の定がある場合を除き,連合国は,連合国のすべての賠償請求権,戦争の遂行中に日本国及びその国民がとつた行動から生じた連合国及びその国民の他の請求権並びに占領の直接軍事費に関する連合国の請求権を放棄する。

Article 15

(a) Upon application made within nine months of the coming into force of the present Treaty between Japan and the Allied Power concerned, Japan will, within six months of the date of such application, return the property, tangible and intangible, and all rights or interests of any kind in Japan of each Allied Power and its nationals which was within Japan at any time between December 7, 1941, and September 2, 1945, unless the owner has freely disposed thereof without duress or fraud. Such property shall be returned free of all encumbrances and charges to which it may have become subject because of the war, and without any charges for its return. Property whose return is not applied for by or on behalf of the owner or by his Government within the prescribed period may be disposed of by the Japanese Government as it may determine. In cases where such property was within Japan on December 7, 1941, and cannot be returned or has suffered injury or damage as a result of the war, compensation will be made on terms not less favorable than the terms provided in the draft Allied Powers Property Compensation Law approved by the Japanese Cabinet on July 13, 1951.

(b) With respect to industrial property rights impaired during the war, Japan will continue to accord to the Allied Powers and their nationals benefits no less than those heretofore accorded by Cabinet Orders No. 309 effective September 1 , 1949, No.12 effective January 28, 1950, and No. 9 effective February 1, 1950, all as now amended, provided such nationals have applied for such benefits within the time limits prescribed therein.

(c) (i) Japan acknowledges that the literary and artistic property rights which existed in Japan on December 6, 1941, in respect to the published and unpublished works of the Allied Powers and their nationals have continued in force since that date, and recognizes those rights which have arisen, or but for the war would have arisen, in Japan since that date, by the operation of any conventions and agreements to which Japan was a party on that date, irrespective of whether or not such conventions or agreements were abrogated or suspended upon or since the outbreak of war by the domestic law of Japan or of the Allied Power concerned.

(ii) Without the need for application by the proprietor of the right and without the payment of any fee or compliance with any other formality, the period from December 7, 1941, until the coming into force of the present Treaty between Japan and the Allied Power concerned shall be excluded from the running of the normal term of such rights; and such period, with an additional period of six months, shall be excluded from the time within which a literary work must be translated into Japanese in order to obtain translating rights in Japan.

第十五条

(a)この条約が日本国と当該連合国との間に効力を生じた後九箇月以内に申請があつたときは,日本国は,申請の日から六箇月以内に,日本国にある各連合国及びその国民の有体財産及び無体財産並びに種類のいかんを問わずすべての権利又は利益で,千九百四十一年十二月七日から千九百四十五年九月二日までの間のいずれかの時に日本国内にあつたものを返還する。但し,所有者が強迫又は詐欺によることなく自由にこれらを処分した場合は,この限りではない。この財産は,戦争があつたために課せられたすべての負担及び課金を免除して,その返還のための課金を課さずに返還しなければならない。所有者により若しくは所有者のために又は所有者の政府により所定の期間内に返還が申請されない財産は,日本国政府がその定めるところに従つて処分することができる。この財産が千九百四十一年十二月七日に日本国に所在し,且つ,返還することができず,又は戦争の結果として損傷若しくは損害を受けている場合には,日本国内閣が千九百五十一年七月十三日に決定した連合国財産補償法案の定める条件よりも不利でない条件で補償される。

(b)戦争中に侵害された工業所有権については,日本国は,千九百四十九年九月一日施行の政令第三百九号,千九百五十年一月二十八日施行の政令第十二号及び千九百五十年二月一日施行の政令第九号(いずれも改正された現行のものとする。)によりこれまで与えられたところよりも不利でない利益を引き続いて連合国及びその国民に与えるものとする。但し,前記の国民がこれらの政令に定められた期限までにこの利益の許与を申請した場合に限る。

(c)(i)日本国は,公にされ及び公になかつた連合国及びその国民の著作物に関して千九百四十一年十二月六日に日本国に存在した文学的及び美術的著作権がその日以後引き続いて効力を有することを認め,且つ,その日に日本国が当事国であつた条約又は協定が戦争の発生の時又はその時以後日本国又は当該連合国の国内法によつて廃棄され又は停止されたかどうかを問わず,これらの条約及び協定の実施によりその日以後日本国において生じ,又は戦争がなかつたならば生ずるはずであつた権利を承認する。

(ii)権利者による申請を必要とすることなく,且つ,いかなる手数料の支払又は他のいかなる手続もすることなく,千九百四十一年十二月七日から日本国と当該連合国との間にこの条約が効力を生ずるまでの期間は,これらの権利の通常期間から除算し,また,日本国において翻訳権を取得するために文学的著作物が日本語に翻訳されるべき期間からは,六箇月の期間を追加して除算しなければならない。

Article 16

As an expression of its desire to indemnify those members of the armed forces of the Allied Powers who suffered undue hard-ships while prisoners of war of Japan, Japan will transfer its assets and those of its nationals in countries which were neutral during the war, or which were at war with any of the Allied Powers, or, at its option, the equivalent of such assets, to the International Committee of the Red Cross which shall liquidate such assets and distribute the resultant fund to appropriate national agencies, for the benefit of former prisoners of war and their families on such basis as it may determine to be equitable. The categories of assets described in Article 14 (a) 2 (II) (ii) through (v) of the present Treaty shall be excepted from transfer, as well as assets of Japanese natural persons not residents of Japan on the first coming into force of the Treaty. It is equally understood that the transfer provision of this Article has no application to the 19,770 shares in the Bank for International Settlements presently owned by Japanese financial institutions.

第十六条

日本国の捕虜であつた間に不当な苦難を被つた連合国軍隊の構成員に償いをする願望の表現として,日本国は,戦争中中立であつた国にある又は連合国のいずれかと戦争していた国にある日本国及びその国民の資産又は,日本国が選択するときは,これらの資産と等価のものを赤十字国際委員会に引き渡すものとし,同委員会は,これらの資産を清算し,且つ,その結果生ずる資金を,同委員会が衡平であると決定する基礎において,捕虜であつた者及びその家族のために,適当な国内機関に対して分配しなければならない。この条約の第十四条(a)2(II)の(ii)から(v)までに掲げる種類の資産は,条約の最初の効力発生の時に日本国に居住しない日本の自然人の資産とともに,引渡しから除外する。またこの条の引渡規定は,日本国の金融機関が現に所有する一万九千七百七十株の国際決済銀行の株式には適用がないものと了解する。

Article 17

(a) Upon the request of any of the Allied Powers, the Japanese Government shall review and revise in conformity with international law any decision or order of the Japanese Prize Courts in cases involving ownership rights of nationals of that Allied Power and shall supply copies of all documents comprising the records of these cases, including the decisions taken and orders issued. In any case in which such review or revision shows that restoration is due, the provisions of Article 15 shall apply to the property concerned.

(b) The Japanese Government shall take the necessary measures to enable nationals of any of the Allied Powers at any time within one year from the coming into force of the present Treaty between Japan and the Allied Power concerned to submit to the appropriate Japanese authorities for review any judgment given by a Japanese court between December 7, 1941, and such coming into force, in any proceedings in which any such national was unable to make adequate presentation of his case either as plaintiff or defendant. The Japanese Government shall provide that, where the national has suffered injury by reason of any such judgment, he shall be restored in the position in which he was before the judgment was given or shall be afforded such relief as may be just and equitable in the circumstances.

第十七条

(a)いずれかの連合国の要請があつたときは,日本国政府は,当該連合国の国民の所有権に関係のある事件に関する日本国の捕獲審検所の決定又は命令を国際法に従い再審査して修正し,且つ,行われた決定及び発せられた命令を含めて,これらの事件の記録を構成するすべての文書の写を提供しなければならない。この再審査又は修正の結果,返還すべきことが明らかになつた場合には,第十五条の規定を当該財産に適用する。

(b)日本国政府は,いずれかの連合国の国民が原告又は被告として事件について充分な陳述ができなかつた訴訟手続において,千九百四十一年十二月七日から日本国と当該連合国との間にこの条約が効力を生ずるまでの期間に日本国の裁判所が行なつた裁判を,当該国民が前記の効力発生の後一年以内にいつでも適当な日本国の機関に再審査のため提出することができるようにするために,必要な措置をとらなければならない。日本国政府は,当該国民が前記の裁判の結果損害を受けた場合には,その者をその裁判が行われる前の地位に回復するようにし,又はその者にそれぞれの事情の下において公平且つ衡平な救済が与えられるようにしなければならない。

Article 18

(a) It is recognized that the intervention of the state of war has not affected the obligation to pay pecuniary debts arising out of obligations and contracts (including those in respect of bonds) which existed and rights which were acquired before the existence of a state of war, and which are due by the Government or nationals of Japan to the Government or nationals of one of the Allied Powers, or are due by the Government or nationals of one of the Allied Powers to the Government or nationals of Japan. The intervention of a state of war shall equally not be regarded as affecting the obligation to consider on their merits claims for loss or damage to property or for personal injury or death which arose before the existence of a state of war, and which may be presented or represented by the Government of one of the Allied Powers to the Government of Japan, or by the Government of Japan to any of the Governments of the Allied Powers. The provisions of this paragraph are without prejudice to the rights conferred by Article 14.

(b) Japan affirms its liability for the prewar external debt of the Japanese State and for debts of corporate bodies subsequently declared to be liabilities of the Japanese State, and expresses its intention to enter into negotiations at an early date with its creditors with respect to the resumption of payments on those debts; to encourage negotiations in respect to other prewar claims and obligations; and to facilitate the transfer of sums accordingly.

第十八条

(a)戦争状態の介在は,戦争状態の存在前に存在した債務及び契約(債権に関するものを含む。)並びに戦争状態の存在前に取得された権利から生ずる金銭債務で,日本国の政府若しくは国民が連合国の一国の政府若しくは国民に対して,又は連合国の一国の政府若しくは国民が日本国の政府若しくは国民に対して負つているものを支払う義務に影響を及ぼさなかつたものと認める。戦争状態の介在は,また,戦争状態の存在前に財産の滅失若しくは損害又は身体損害若しくは死亡に関して生じた請求権で,連合国の一国の政府が日本国政府に対して,又は日本国政府が連合国政府のいずれかに対して提起し又は再提起するものの当否を審議する義務に影響を及ぼすものとみなしてはならない。この頃の規定は第十四条によつて与えられる権利を害するものではない。

(b)日本国は,日本国の戦前の対外債務に関する責任と日本国が責任を負うと後に宣言された団体の債務に関する責任とを確認する。また,日本国は,これらの債務の支払再開に関して債権者とすみやかに交渉を開始し,他の戦前の請求権及び債務に関する交渉を促進し,且つ,これに応じて金額の支払を容易にする意図を表明する。

Article 19

(a) Japan waives all claims of Japan and its nationals against the Allied Powers and their nationals arising out of the war or out of actions taken because of the existence of a state of war, and waives all claims arising from the presence, operations or actions of forces or authorities of any of the Allied Powers in Japanese territory prior to the coming into force of the present Treaty.

(b) The foregoing waiver includes any claims arising out of actions taken by any of the Allied Powers with respect to Japanese ships between September l, 1939, and the coming into force of the present Treaty, as well as any claims and debts arising in respect to Japanese prisoners of war and civilian internees in the hands of the Allied Powers, but does not include Japanese claims specifically recognized in the laws of any Allied Power enacted since September 2, 1945.

(c) Subject to reciprocal renunciation, the Japanese Government also renounces all claims (including debts) against Germany and German nationals on behalf of the Japanese Government and Japanese nationals, including inter-governmental claims and claims for loss or damage sustained during the war, but excepting (a) claims in respect of contracts entered into and rights acquired before September 1, 1939, and (b) claims arising out of trade and financial relations between Japan and Germany after September 2, 1945. Such renunciation shall not prejudice actions taken in accordance with Articles 16 and 20 of the present Treaty.

(d) Japan recognizes the validity of all acts and omissions done during the period of occupation under or in consequence of directives of the occupation authorities or authorized by Japanese law at that time, and will take no action subjecting Allied nationals to civil or criminal liability arising out of such acts or omissions.

第十九条

(a)日本国は,戦争から生じ,又は戦争状態が存在したためにとられた行動から生じた連合国及びその国民に対する日本国及びその国民のすべての請求権を放棄し,且つ,この条約の効力発生の前に日本国領域におけるいずれかの連合国の軍隊又は当局の存在,職務遂行又は行動から生じたすべての請求権を放棄する。

(b)前記の放棄には,千九百三十九年九月一日からこの条約の効力発生までの間に日本国の船舶に関していずれかの連合国がとつた行動から生じた請求権並びに連合国の手中にある日本人捕虜及び非拘留者に関して生じた請求権及び債権が含まれる。但し,千九百四十五年九月二日以後いずれかの連合国が制定した法律で特に認められた日本人の請求権を含まない。

(c)相互放棄を条件として,日本国政府は,また,政府間の請求権及び戦争中に受けた滅失又は損害に関する請求権を含むドイツ及びドイツ国民に対するすべての請求権(債権を含む。)を日本国政府及び日本国民のために放棄する。但し,(a)千九百三十九年九月一日前に締結された契約及び取得された権利に関する請求権並びに(b)千九百四十五年九月二日後に日本国とドイツとの間の貿易及び金融の関係から生じた請求権を除く。この放棄は,この条約の第十六条及び第二十条に従つてとられる行動を害するものではない。

(d)日本国は,占領期間中に占領当局の指令に基づいて若しくはその結果として行われ,又は当時の日本国の法律によつて許可されたすべての作為又は不作為から生ずる民事又は刑事の責任に問ういかなる行動もとらないものとする。

Article 20

Japan will take all necessary measures to ensure such disposition of German assets in Japan as has been or may be determined by those powers entitled under the Protocol of the proceedings of the Berlin Conference of 1945 to dispose of those assets, and pending the final disposition of such assets will be responsible for the conservation and administration thereof.

第二十条

日本国は,千九百四十五年のベルリン会議の議事の議定書に基いてドイツ財産を処分する権利を有する諸国が決定した又は決定する日本国にあるドイツ財産の処分を確実にするために,すべての必要な措置をとり,これらの財産の最終的処分が行なわれるまで,その保存及び管理について責任を負うものとする。

Article 21

Notwithstanding the provisions of Article 25 of the present Treaty, China shall be entitled to the benefits of Articles 10 and 14 (a) 2; and Korea to the benefits of Articles 2, 4, 9 and 12 of the present Treaty.

第二十一条

この条約の第二十五条の規定にかかわらず,中国は,第十条及び第十四条(a)2の利益を受ける権利を有し,朝鮮は,この条約の第二条,第四条,第九条及び第十二条の利益を受ける権利を有する。

Chapter VI: Settlement of Disputes 第六章 紛争の解決

Article 22

If in the opinion of any Party to the present Treaty there has arisen a dispute concerning the interpretation or execution of the Treaty, which is not settled by reference to a special claims tribunal or by other agreed means, the dispute shall, at the request of any party thereto, be referred for decision to the International Court of Justice. Japan and those Allied Powers which are not already parties to the Statute of the International Court of Justice will deposit with the Registrar of the Court, at the time of their respective ratifications of the present Treaty, and in conformity with the resolution of the United Nations Security Council, dated October 15, 1946, a general declaration accepting the jurisdiction, without special agreement, of the Court generally in respect to all disputes of the character referred to in this Article.

第二十二条

この条約のいずれかの当事国が特別請求権裁判所への付託又は他の合意された方法で解決されない条約の解釈又は実施に関する紛争が生じたと認めるときは,紛争は,いずれかの紛争当事国の要請により,国際司法裁判所に決定のため付託しなければならない。日本国及びまだ国際司法裁判所規程の当事国でない連合国は,それぞれがこの条約を批准する時に,且つ,千九百四十六年十月十五日の国際連合安全保障理事会の決議に従つて,この条に掲げた性質をもつすべての紛争に関して一般的に同裁判所の管轄権を特別の合意なしに受諾する一般的宣言書を同裁判所書記に寄託するものとする。

Chapter VII: Final Clauses 第七章 最終条項

Article 23

(a) The present Treaty shall be ratified by the States which sign it, including Japan, and will come into force for all the States which have then ratified it, when instruments of ratification have been deposited by Japan and by a majority, including the United States of America as the principal occupying Power, of the following States, namely Australia, Canada, Ceylon, France, Indonesia, the Kingdom of the Netherlands, New Zealand, Pakistan, the Republic of the Philippines, the United Kingdom of Great Britain and Northern Ireland, and the United States of America. The present Treaty shall come into force for each State which subsequently ratifies it, on the date of the deposit of its instrument of ratification.

(b) If the Treaty has not come into force within nine months after the date of the deposit of Japan's ratification, any State which has ratified it may bring the Treaty into force between itself and Japan by a notification to that effect given to the Governments of Japan and the United States of America not later than three years after the date of deposit of Japan's ratification.

第二十三条

(a)この条約は,日本国を含めて,これに署名する国によつて批准されなければならない。この条約は,批准書が日本国により,且つ,主たる占領国としてのアメリカ合衆国を含めて,次の諸国,すなわちオーストラリア,カナダ,セイロン,フランス,インドネシア,オランダ,ニュー・ジーランド,パキスタン,フィリピン,グレート・ブリテン及び北部アイルランド連合王国及びアメリカ合衆国の過半数により寄託された時に,その時に批准しているすべての国に関して効力を生ずる。この条約は,その後これを批准する各国に関しては,その批准書の寄託の日に効力を生ずる。

(b)この条約が日本国の批准書の寄託の日の後九箇月以内に効力を生じなかつたときは,これを批准した国は,日本国の批准書の寄託の日の後三年以内に日本国政府及びアメリカ合衆国政府にその旨を通告して,自国と日本国との間にこの条約の効力を生じさせることができる。

Article 24

All instruments of ratification shall be deposited with the Government of the United States of America which will notify all the signatory States of each such deposit, of the date of the coming into force of the Treaty under paragraph (a) of Article 23, and of any notifications made under paragraph (b) of Article 23.

第二十四条

すべての批准書は,アメリカ合衆国政府に寄託しなければならない。同政府は,この寄託,第二十三条(a)に基くこの条約の効力発生の日及びこの条約の第二十三条(b)に基いて行われる通告をすべての署名国に通告する。

Article 25

For the purposes of the present Treaty the Allied Powers shall be the States at war with Japan, or any State which previously formed a part of the territory of a State named in Article 23, provided that in each case the State concerned has signed and ratified the Treaty. Subject to the provisions of Article 21, the present Treaty shall not confer any rights, titles or benefits on any State which is not an Allied Power as herein defined; nor shall any right, title or interest of Japan be deemed to be diminished or prejudiced by any provision of the Treaty in favor of a State which is not an Allied Power as so defined.

第二十五条

この条約の適用上,連合国とは,日本国と戦争していた国又は以前に第二十三条に列記する国の領域の一部をなしていたものをいう。但し,各場合に当該国がこの条約に署名し且つこれを批准したことを条件とする。第二十一条の規定を留保して,この条約は,ここに定義された連合国の一国でないいずれの国に対しても,いかなる権利,権原又は利益も与えるものではない。また,日本国のいかなる権利,権原又は利益も,この条約のいかなる規定によつても前記のとおり定義された連合国の一国でない国のために減損され,又は害されるものとみなしてはならない。

Article 26

Japan will be prepared to conclude with any State which signed or adhered to the United Nations Declaration of January 1, 1942, and which is at war with Japan, or with any State which previously formed a part of the territory of a State named in Article 23, which is not a signatory of the present Treaty, a bilateral Treaty of Peace on the same or substantially the same terms as are provided for in the present Treaty, but this obligation on the part of Japan will expire three years after the first coming into force of the present Treaty. Should Japan make a peace settlement or war claims settlement with any State granting that State greater advantages than those provided by the present Treaty, those same advantages shall be extended to the parties to the present Treaty.

第二十六条

日本国は,千九百四十二年一月一日の連合国宣言に署名し若しくは加入しており且つ日本国に対して戦争状態にある国又は以前に第二十三条に列記する国の領域の一部をなしていた国で,この条約の署名国でないものと,この条約に定めるところと同一の又は実質的に同一の条件で二国間の平和条約を締結する用意を有すべきものとする。但し,この日本国の義務は,この条約の最初の効力発生の後三年で満了する。日本国が,いずれかの国との間で,この条約で定めるところよりも大きな利益をその国に与える平和処理又は戦争請求権処理を行つたときは,これと同一の利益は,この条約の当事国にも及ぼさなければならない。

Article 27

The present Treaty shall be deposited in the archives of the Government of the United States of America which shall furnish each signatory State with a certified copy thereof.

IN FAITH WHEREOF the undersigned Plenipotentiaries have signed the present Treaty.

DONE at the city of San Francisco this eighth day of September, 1951, in the English, French and Spanish languages, all being equally authentic, and in the Japanese language.

(signatures omitted)

第二十七条

この条約は,アメリカ合衆国政府の記録に寄託する。同政府は,その認証謄本を各署名国に交付する。

以上の証拠として,下名の全権委員は,この条約に署名した。千九百五十一年九月八日にサン・フランシスコ市で,ひとしく正文である英語,フランス語及びスペイン語により,並びに日本国により作成した。

(全権委員署名略)

Earlier versions of Article 2(a)

The territorial clauses in the peace treaty changed several times since the United States began drafting a treaty in 1947. At the time there were no Korean states and the Republic of China was still in only government of China.

The territorial clauses most significantly change when the United States sided with Japan's claim that Takeshima, which ROK calls Dokdo, should be part of Japan. The United Kingdom and some other states pushed for resolution in the treaty of all territorial disputes, by listing the names and coordinates of all concerned islands. The United States, however, opted for non-specification on the grounds that ROK and the USSR would not be parties to the treaty, hence Japan and these states would have to settle among themselves any issues not resolved by the treaty.

A minor but interesting variation in the drafts is the appearance then disappearance of "Chosen" as a parenthetical explanation of what was meant by "Korea". "Korea (Chosen)" also appears on the 10 August 1945 draft of General Order No. 1 (see above), which listed the territories that Japan was to surrender.

Sources   The following clauses were excerpted from a Wikipedia file called "Draft Treaty of Peace With Japan". The file focuses on Japanese and Korean territory, and was probably posted by a group attempting to document the ROK-Japan standoff over Dokdo / Takeshima.

Commentary   I have vetted some excerpts against image files when available. The formatting, all headings and bracketed remarks, and the focus on "Korea (Chosen)" are mine.

"Korea" includes "Liancourt Rocks (Takeshima)"

19 March 1947 US draft
Chapter I, Territorial Clauses, Article 4
Japan hereby renounces all rights and titles to Korea and all minor offshore Korean islands, including Quelpart Island, Port Hamilton, Dagelet Island (Utsuryo) Island and Liancourt Rocks (Takeshima).

"Korea" becomes "Korea (Chosen)"

5 August 1947 US draft
Chapter I, Territorial Clauses, Article 4
Japan hereby renounces all right and right to Korea (Chosen) and all offshore Korean islands, including Quelpart (Saishu To); the Nan How group (San To, or Komun Do) which forms Port Hamilton (Tonaikai); Dagelet Island (Utsuryo To, or Matsu Shima); Liancourt Rocks (Takeshima); and all other islands . . . .

8 January 1948 US draft
Chapter I, Territorial Clauses, Article 4
Japan hereby renounces in favor of the Korean people all rights and titles to the Korea (Chosen) and offshore Korean islands, including Quelpart (Saishu To); the Nan How group (San To, or Komun Do) which forms Port Hamilton (Tonaikai); Dagelet Island (Utsuryo To, or Matsu Shima); Liancourt Rocks (Takeshima); and all other islands . . . .

7 September 1949 US draft
Chapter I, Territorial Clauses, Article 3
Japan hereby renounces in favor of the Korean people all rights and titles to the Korea (Chosen) and offshore Korean islands, including Quelpart (Saishu To), the Nan How group (San To, or Komun Do) which forms Port Hamilton (Tonaikai), Dagelet Island (Utsuryo To, or Matsu Shima), Liancourt Rocks (Takeshima), and all other islands . . . .

"Korea (Chosen)" reverts to "Korea"

2 November 1949 US draft
Chapter II, Territorial Clauses, Article 4
1. Japan hereby renounces in favor of the Korea all rights and titles to the Korean mainland territory and all offshore Korean islands, including Quelpart (Saishu To), the Nan How group (San To, or Komun Do) which forms Port Hamilton (Tonaikai), Dagelet Island (Utsuryo To, or Matsu Shima), Liancourt Rocks (Takeshima), and all other islands . . . .

Japan includes "Takeshima (Liancourt Rocks)"

29 December 1949 US draft
Chapter II, Territorial Clauses, Article 6
Japan hereby renounces in favor Korea all rights and titles to the Korean mainland territory and all offshore Korean islands, including Quelpart (Saishu To), the Nan How group (San To, or Komun Do) which forms Port Hamilton (Tonaikai), Dagelet Island (Utsuryo To, or Matsu Shima), and all other offshore Korean islands and islets to which Japan had acquired title.

[ Chapter II, Territorial Clauses, Article 3, concerning territory of Japan, now reads "1. The Territory of Japan shall comprise the four principal Japanese islands of Honshu, Kyushu, Shikoku and Hokkaido and all adjacent minor islands, including the islands of the Inland sea (Seto Naikai); Tsushima, Takeshima (Liancourt Rocks), . . . . ]

Japan obliged to recognize Republic of Korea

7 August 1950 US draft
Chapter IV, Territory, Article 4
Japan recognizes the independence of Korea and will base its relation with Korea on the resolutions, adopted by the United Nations Assembly on December __, [sic] 1948. [ == General Assembly Resolution 195 (III), The problem of the Independence of Korea, adopted on 12 December 1948 ]

3 May 1951 joint US-UK draft
Chapter II, Territory, Article 2
Japan renounces all rights, titles and claims to Korea (including Quelpart, Port Hamilton and Dagelet)', . . .

14 June 1951 revised US-UK draft
Chapter II, Territory, Article 2
(a) Japan, recognizing the independence of Korea, renounces all right, title and claim to Korea, including the islands of Quelpart, Port Hamilton and Dagelet.

8 September 1951 final text of treaty
Chapter II, Territory, Article 2
(a) Japan, recognizing the independence of Korea, renounces all right, title and claim to Korea, including the islands of Quelpart, Port Hamilton and Dagelet.

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Versailles Treaty

10 January 1920

aka Treaty of Versailles
Signed 28 June 1919
Enforced from 10 January 1920
In French and English

The above particulars refer to the principle treaty, called "The Treaty of Peace Between the Allied and Associated Powers and Germany" (aka Treaty of Peace With Germany"). The Allied Powers signed separate treaties with the Austro-Hungarian Empire, the Ottoman Empire, and the Kingdom of Bulgaria, who with the Germany Empire had constituted the Central Powers.

The principal Allied Powers were the United States, the United Kingdom, France, Italy, and Japan. Among these powers, only the United States failed to ratify the treaty. However, a peace treaty between the United States and Germany, signed in Berlin on 25 August 1921, was ratified, and the President of the United States, singed on 14 November 1921, declared the state of war between the two countries to have ended on 2 July 1921 -- the date the two houses the US Congress passed a joined resolution declaring the war to have ended, pursuant to a joint resolution they had passed on 6 April 1917.

Nationality settlements

The treaty had 15 parts totaling 440 articles. The bilingual edition cited below, published by the United States on or about 10 July 1919 for referral to the Committee on Foreign Relations, ran 537 pages.

Part III (Political Clauses for Europe) contains 14 sections, each dedicated to an entity or territory, beginning with Belgium and ending with the Russia. The provisions in each section varied according to the political matters to be settled in relation to the entity or territory, but most matters involved separation from Germany's sovereignty, nationality and other status dispositions regarding the inhabitants of the entity or territory, and records and other properties related to governmental administration.

The follow excerpts from Part III show the various provisions made for change and choice of nationality. Many of the provisions are similar and reflect global conventions in status change and choice in treaties involving territorial transfers.

1919 Versailles Treaty
Nationality in territories separated from Germany

English text

The English text is an edited version of copy cut and pasted from Wikisource and checked against www.archive.org scans of a French and English edition titled Treaty of Peace with Germany published in 1919 by the Government Printing Office in Washington, DC.

The format, conforming mainly to the printed edition, has been somewhat changed to suit the presentation here. Italics are as shown in the examined printed edition. Bold highlighting of titles, and underscoring, are mine. The pages numbers shown at the end refer to the printed edition.

Comments

The boxed comments following some of the provisions are mine. They relate to either contemporary nationality law, or to how they might or might not have been models for territorial and status settlements in the 1952 San Francisco Peace Treaty or related treaties involving Japan after World War II.

The Treaty of Peace with Germany

PART III.

POLITICAL CLAUSES FOR EUROPE.


Section I.

BELGIUM.

Article 31.

Germany, recognising that the Treaties of April 19, 1839, which established the status of Belgium before the war, no longer conform to the requirements of the situation, consents to the abrogation of the said Treaties and undertakes immediately to recognise and to observe whatever conventions may be entered into by the Principal Allied and Associated Powers, or by any of them, in concert with the Governments of Belgium and of the Netherlands, to replace the said Treaties of 1839. If her formal adhesions should be required to such conventions or to any of their stipulations, Germany undertakes immediately to give it.

Article 32.

Germany recognises the full sovereignty of Belgium over the whole of the contested territory of Moresnet (called Moresnet neutre).

Article 33.

Germany renounces in favour of Belgium all rights and title over the territory of Prussian Moresnet situated on the west of the road from Liége to Aix-la-Chapelle; the road will belong to Belgium where it bounds this territory.

Article 34.

Germany renounces in favour of Belgium all rights and title over the territory comprising the whole of the Kreise of Eupen and of Malmedy.

During the six months after the coming into force of this Treaty, registers will be opened by the Belgian authority at Eupen and Malmedy in which the inhabitants of the above territory will be entitled to record in writing a desire to see the whole or part of it remain under German sovereignty.

The results of this public expression of opinion will be communicated by the Belgian Government to the League of Nations, and Belgium undertakes to accept the decision of the League.

Article 35.

A Commission of seven persons, five of whom will be appointed by the Principal Allied and Associated Powers, one by Germany and one by Belgium, will be set up fifteen days after the coming into force of the present Treaty to settle on the spot the new frontier line between Belgium and Germany, taking into account the economic factors and the means of communication.

Decisions will be taken by a majority and will be binding on the parties concerned.

Article 36.

When the transfer of the sovereignty over the territories referred to above has become definite, German nationals habitually resident in the territories will definitively acquire Belgian nationality [nationalité belge] ipso facto, and will lose their German nationality [nationalité allemande].

Nevertheless, German nationals [ressortissants allemands] who became resident in the territories after 1 August 1914, shall not obtain Belgian nationality without a permit from the Belgian Government.

1 August 1914 was the date on which Germany declared war on Russia. France refused to be neutral, so Germany declared war on France on 3 August and invaded neutral Belgium on 4 August as part of invasion of France.

Only habitually resident "German nationals", who by default would become Belgian nationals, were given a nationality option under the authority of the treaty. Other German nationals would remain Germans, subject to determinations of Belgian nationality laws.

Article 37.

Within the two years following the definitive transfer of the sovereignty over the territories assigned to Belgium under the present Treaty, German nationals over 18 years of age habitually resident in those territories will be entitled to opt for German nationality.

Option by a husband will cover his wife, and option by parents will cover their children under 18 years of age. Persons who have exercised the above right to opt must within the ensuing twelve months transfer their place of residence to Germany.

They will be entitled to retain their immovable property in the territories acquired by Belgium. They may carry with them their movable property of every description. No export or import duties may be imposed upon them in connection with the removal of such property.

The treatment of a wife in accordance with her husband's option in in agreement with the nationality laws of most states at the time, which recognized the principle of one nationality per family, and viewed men (who generally were able to vote) as having a greater right to nationality than women (who generally could not vote). Most states in the world had patrilineal nationality laws, but place-of-birth states such as the United States also typically provided that a national woman who married an alien would lose her nationality while an alien woman who married a national could acquire nationality. As women gained the right to vote, married women also gained the right to an independent nationality. By the end of World War II, many nationality laws had eliminated nationality lost or gained through marriage, and postwar peace treaties with nationality options did not tie a wife's nationality to her husband's option.

Article 38.

The German Government will hand over without delay to the Belgian Government the archives, registers, plans, title deeds and documents of every kind concerning the civil, military, financial, judicial or other administrations in the territory transferred to Belgian sovereignty. The German Government will likewise restore to the Belgian Government the archives and documents of every kind carried off during the war by the German authorities from the Belgian public administrations, in particular from the Ministry of Foreign Affairs at Brussels.

Article 39.

The proportion and nature of the financial liabilities of Germany and of Prussia with Belgium will have to bear on account of the territories ceded to her shall be fixed in conformity with Articles 254 and 256 of Part IX (Financial Clauses) of the present Treaty.

[ Pages 55-59]

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Section II. LUXEMBURG. [ Omitted. ]

Section III. LEFT BANK OF THE RHINE. [ Omitted. ]

Section IV.

SAAR BASIN.

Article 45.

As compensation for the destruction of the coal-mines in the north of France and as part payment towards the total reparation due from Germany for the damage resulting from the war, Germany cedes to France in full and absolute possession, with exclusive rights of exploitation, unencumbered and free from all debts and charges of any kind, the coal-mines situated in the Saar Basin as defined in Article 48.

[ Articles 46-50 omitted. ]

ANNEX.

CHAPTER II.

27.

The present stipulation will not affect the existing nationality of the inhabitants of the territory of the Saar Basin.

No hindrance shall be placed in the way of those who wish to acquire a different nationality, but in such case the acquisition of the new nationality will involve the loss of any other.

[ Only Article 27 of Chapter II of Annex has been shown here. ]

[ Rest of Annex omitted. ]

[ Pages 63-93 ]

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Section V.

ALSACE-LORRAINE.

The HIGH CONTRACTING PARTIES, recognising the moral obligation to redress the wrong done by Germany in 1871 both to the rights of France and to the wishes of the population of Alsace and Lorraine, which were separated from their country in spite of the solemn protest of their representatives at the Assembly of Bordeaux,

Agree upon the following Articles:

Article 5l.

The territories which were ceded to Germany in accordance with the Preliminaries of Peace signed at Versailles on February 26, 187l, and the Treaty of Frankfort of May 10, 1871, are restored to French sovereignty as from the date of the Armistice of November 11, 1918.

The provisions of the Treaties establishing the delimitation of the frontiers before 1871 shall be restored.

Article 52.

The German Government shall hand over without delay to the French Government all archives, registers, plans, titles and documents of every kind concerning the civil, military, financial, judicial or other administrations of the territories restored to French sovereignty. If any of these documents, archives, registers, titles or plans nave been misplaced, they will be restored by the German Government on the demand of the French Government.

Article 53.

Separate agreements shall be made between France and Germany dealing with the interests of the inhabitants of the territories referred to in Article 51, particularly as regards their civil rights, their business and the exercise of their professions, it being understood that Germany undertakes as from the present date to recognise and accept the regulations laid down in the Annex hereto regarding the nationality of the inhabitants or natives of the said territories, not to claim at any time or in any place whatsoever as German nationals those who shall have been declared on any ground to be French, to receive all others in her territory, and to conform, as regards the property of German nationals in the territories indicated in Article 51, with the provisions of Article 297 and the Annex to Section IV of Part X (Economic Clauses) of the present Treaty.

Those German nationals who without acquiring French nationality shall receive permission from the French Government to reside in the said territories shall not be subjected to the provisions of the said Article.

Article 54.

Those persons who have regained French nationality in virtue of paragraph 1 of the Annex hereto will be held to be Alsace-Lorrainers for the purposes of the present Section.

The persons referred to in paragraph 2 of the said Annex will from the day on which they have claimed French nationality be held to be Alsace-Lorrainers with retroactive effect as from November 11, 1918. For those whose application is rejected, the privilege will terminate at the date of the refusal.

Such juridical persons will also have the status of Alsace-Lorrainers as shall have been recognised as possessing this quality whether by the French administrative authorities or by a judicial decision.

[ Articles 55-78 omitted. ]

Article 79.

The stipulations as to nationality contained in the Annex hereto shall be considered as of equal force with the provisions of the present Section.

All other questions concerning Alsace-Lorraine which are not regulated by the present Section and the Annex thereto or by the general provisions of the present Treaty will form the subject of further conventions between France and Germany.

ANNEX.

1.

As from 11 November 1918, the following persons are ipso facto reinstated in French nationality:

(1) Persons who lost French nationality by the application of the Franco-German Treaty of 10 May 1871, and who have not since that date acquired any nationality other than German;

(2) The legitimate or natural descendants of the persons referred to in the immediately preceding paragraph, with the exception of those whose ascendants in the paternal line include a German who migrated into Alsace-Lorraine after 15 July 1870;

(3) All persons born in Alsace-Lorraine of unknown parents, or whose nationality is unknown.

2.

Within the period of one year from the coming into force of the present Treaty, persons included in any of the following categories may claim French nationality:

(1) All persons not restored to French nationality under paragraph 1 above, whose ascendants include a Frenchman or Frenchwoman who lost French nationality under the conditions referred to in the said paragraph;

(2) All foreigners, not nationals of a German State, who acquired the status of a citizen of Alsace-Lorraine before 3 August 1914;

(3) All Germans domiciled in Alsace-Lorraine, if they have been so domiciled since a date previous to 15 July 1870, or if one of their ascendants was at that date domiciled in Alsace-Lorraine;

(4) All Germans born or domiciled in Alsace-Lorraine who have served in the Allied or Associated armies during the present war, and their descendants;

(5) All persons born in Alsace-Lorraine before 10 May 1871, of foreign parents, and the descendants of such persons;

(6) The husband or wife of any person whose French nationality may have been restored under paragraph 1, or who may have claimed and obtained French nationality in accordance with the preceding provisions.

The legal representative of a minor may exercise, on behalf of that minor, the right to claim French nationality; and if that right has not been exercised, the minor may claim French nationality within the year following his majority.

Except in the cases provided for in No. (6) of the present paragraph, the French authorities reserve to themselves the right, in individual cases, to reject the claim to French nationality.

3.

Subject to the provisions of paragraph 2, Germans born or domiciled in Alsace-Lorraine shall not acquire French nationality by reason of the restoration of Alsace-Lorraine to France, even though they may have the status of citizens of Alsace-Lorraine.

They may acquire French nationality only by naturalisation, on condition of having been domiciled in Alsace-Lorraine from a date previous to 3 August 1914, and of submitting proof of unbroken residence within the restored territory for a period of three years from 11 November 1918.

France will be solely responsible for their diplomatic and consular protection from the date of their application for French naturalisation.

4.

The French Government shall determine the procedure by which reinstatement in French nationality as of right shall be effected, and the conditions under which decisions shall be given upon claims to such nationality and applications for naturalisation, as provided by the present Annex.

[ Pages 93-117 ]

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Section VI.

AUSTRIA.

Article 80.

Germany acknowledges and will respect strictly the independence of Austria, within the frontiers which may be fixed in a Treaty between that State and the Principal Allied and Associated Powers; she agrees that this independence shall be inalienable, except with the consent of the Council of the League of Nations.

[ This section has only this one article. ]

[ Page 117 ]

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Section VII.

CZECHO-SLOVAK STATE.

Article 81.

Germany, in conformity with the action already taken by the Allied and Associated Powers, recognises the complete independence of the Czecho-Slovak State which will include the autonomous territory of the Ruthenians to the south of the Carpathians. Germany hereby recognises the frontiers of this State as determined by the Principal Allied and Associated Powers and the other interested States.

Article 82.

The old frontier as it existed on August 3, 1914, between Austria-Hungary and the German Empire will constitute the frontier between Germany and the Czecho-Slovak State.

Article 83.

Germany renounces in favour of the Czecho-Slovak State all rights and title over the portion of Silesian territory defined as follows:

starting from a point about 2 kilometres south-east of Katscher, on the boundary between the Kreise of Leobschūtz and Ratibor: the boundary between the two Kreise;

then, the former boundary between Germany and Austria-Hungary up to a point on the Oder immediately to the south of the Ratibor-Oderberg railway;

thence, towards the north-west and up to a point about 2 kilometres to the south-east of Katscher:

a line to be fixed on the spot passing to the west of Kranowitz.

A Commission composed of seven members, five nominated by the Principal Allied and Associated Powers, one by Poland and one by the Czecho-Slovak State, will be appointed fifteen days after the coming into force of the present Treaty to trace on the spot the frontier line between Poland and the Czecho-Slovak State.

The decisions of this Commission will be taken by a majority and shall be binding on the parties concerned.

Germany hereby agrees to renounce in favour of the Czecho-Slovak State all rights and title over the part of the Kreis of Leobschūtz comprised within the following boundaries in case after the determination of the frontier between Germany and Poland the said part of that Kreis should become isolated from Germany:

from the south-eastern extremity of the salient of the former Austrian frontier at about 5 kilometres to the west of Leobschūtz southwards and up to the point of junction with the boundary between the Kreise of Leobschūtz and Ratibor:

the former frontier between Germany and Austria-Hungary;

then, northwards, the administrative boundary between the Kreise of Leobschūtz and Ratibor up to a point situated about 2 kilometres to the south-east of Katscher;

thence, north-westwards and up to the starting-point of this definition:

a line to be fixed on the spot passing to the east of Katscher.

Article 84.

German nationals habitually resident in any of the territories recognised as forming part of the Czecho-Slovak State will obtain Czecho-Slovak nationality ipso facto and lose their German nationality.

Article 85.

Within a period of two years from the coming into force of the present Treaty, German nationals over eighteen years of age habitually resident in any of the territories recognized as forming part of the Czecho-Slovak State will be entitled to opt for German nationality. Czecho-Slovaks who are German nationals and are habitually resident in Germany will have a similar right to opt for Czecho-Slovak nationality.

Option by a husband will cover his wife and option by parents will cover their children under eighteen years of age.

Persons who have exercised the above right to opt must within the succeeding twelve months transfer their place of residence to the State for which they have opted. They will be entitled to retain their landed property in the territory of the other State where they had their place of residence before exercising the right to opt. They may carry with them their movable property of every description. No export or import duties may be imposed upon them in connection with the removal of such property.

Within the same period Czecho-Slovaks, who are German nationals and are in a foreign country will be entitled, in the absence of any provisions to the contrary in the foreign law, and if they have not acquired the foreign nationality, to obtain Czecho-Slovak nationality and lose their German nationality by complying with the requirements laid down by the Czecho-Slovak State.

Article 86.

The Czecho-Slovak State accepts and agrees to embody in a Treaty with the Principal Allied and Associated Powers such provisions as may be deemed necessary by the said Powers to protect the interests of inhabitants of that State who differ from the majority of the population in race, language, or religion.

The Czecho-Slovak State further accepts and agrees to embody in a Treaty with the said Powers such provisions as they may deem necessary to protect freedom of transit and equitable treatment of the commerce of other nations.

The proportion and nature of the financial obligations of Germany and Prussia which the Czecho-Slovak State will have to assume on account of the Silesian territory placed under its sovereignty will be determined in accordance with Article 254 of Part IX (Financial Clauses) of the present Treaty.

Subsequent agreements will decide all questions not decided by the present Treaty which may arise in consequence of the cession of the said territory.

[ Pages 119-123 ]

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Section VIII.

POLAND.

[ Articles 87-90 and Annex omitted. ]

Article 91.

German nationals habitually resident in territories recognised as forming part of Poland will acquire Polish nationality ipso facto and will lose their German nationality.

German nationals, however, or their descendants who became resident in these territories after 1 January 1908, will not acquire Polish nationality without a special authorisation from the Polish State.

Within a period of two years after the coming into force of the present Treaty, German nationals over 18 years of age habitually resident in any of the territories recognised as forming part of Poland will be entitled to opt for German nationality.

Poles who are German nationals over 18 years of age and habitually resident in Germany will have a similar right to opt for Polish nationality.

Option by a husband will cover his wife and option by parents will cover their children under 18 years of age.

Persons who have exercised the above right to opt may within the succeeding twelve months transfer their place of residence to the State for which they have opted.

They will be entitled to retain their immovable property in the territory of the other State where they had their place of residence before exercising the right to opt.

They may carry with them their movable property of every description. No export or import duties or charges may be imposed upon them in connection with the removal of such property.

Within the same period Poles who are German nationals and are in a foreign country will be entitled, in the absence of any provisions to the contrary in the foreign law, and if they have not acquired the foreign nationality, to obtain Polish nationality and to lose their German nationality by complying with the requirements laid down by the Polish State.

In the portion of Upper Silesia submitted to a plebiscite the provisions of this Article shall only come into force as from the definitive attribution of the territory.

[Articles 92-94 omitted. ]

[ Pages 123-140 ]

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Section XIV. EAST PRUSSIA. [ Omitted. ]

Section X.

MEMEL.

Article 99.

Germany renounces in favour of the Principal Allied and Associated Powers all rights and title over the territories included between the Baltic, the north-eastern frontier of East Prussia as defined in Article 28 of Part II (Boundaries of Germany) of the present Treaty and the former frontier between Germany and Russia.

Germany undertakes to accept the settlement made by the Principal Allied and Associated Powers in regard to these territories, particularly in so far as concerns the nationality of the inhabitants.

[ This section has only this one article. ]

[ Pages 147-149 ]

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Section XI.

FREE CITY OF DANZIG.

[ Articles 100-104 omitted. ]

Article 105.

On the coming into force of the present Treaty German nationals ordinarily resident in the territory described in Article 100 will ipso facto lose their German nationality in order to become nationals of the Free City of Danzig.

Article 106.

Within a period of two years from the coming into force of the present Treaty, German nationals over 18 years of age ordinarily resident in the territory described in Article 100 will have the right to opt for German nationality.

Option by a husband will cover his wife and option by parents will cover their children less than 18 years of age.

All persons who exercise the right of option referred to above must during the ensuing twelve months transfer their place of residence to Germany.

These persons will be entitled to preserve the immovable property possessed by them in the territory of the Free City of Danzig. They may carry with them their movable property of every description. No export or import duties shall be imposed upon upon them in this connection.

[ Articles 107-108 omitted. ]

[ Pages 149-155 ]

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Section XII.

SCHLESWIG.

[ Articles 109-111 omitted. ]

Article 112.

All the inhabitants of the territory which is returned to Denmark will acquire Danish nationality ipso facto, and will lose their German nationality.

Persons, however, who had become habitually resident in this territory after 1 October 1918, will not be able to acquire Danish nationality without permission from the Danish Government.

Article 113.

Within two years from the date on which the sovereignty over the whole or part of the territory of Schleswig subjected to the plebiscite is restored to Denmark:

Any person over 18 years of age, born in the territory restored to Denmark not habitually resident in this region, and possessing German nationality, will be entitled to opt for Denmark;

Any person over 18 years of age habitually resident in the territory restored to Denmark will be entitled to opt for Germany.

Option by a husband will cover his wife and option by parents will cover their children less than 18 years of age.

Persons who have exercised the above right to opt must within the ensuing twelve months transfer their place of residence to the State in favour of which they have opted.

They will be entitled to retain the immovable property which they own in the territory of the other State in which they were habitually resident before opting. They may carry with them their movable property of every description. No export or import duties may be imposed upon them in connection with the removal of such property.

[ Article 114 omitted. ]

[ Pages 155-165 ]

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Section XIII. HELIGOLAND. [ Omitted. ]

Section XIV. RUSSIA AND RUSSIAN STATES. [ Omitted. ]

There are a few other references to nationality in Part III, and in other parts of the treaty, such as the following articles from Part X (Economic Clauses)

Chapter IV: Treatment of Nationals of Allied and Associated Powers

Article 278

Germany undertakes to recognise any new nationality which has been or may be acquired by her nationals under the laws of the Allied and Associated Powers and in accordance with the decisions of the competent authorities of these Powers pursuant to naturalisation laws or under treaty stipulations, and to regard such persons as having, in consequence of the acquisition of such new nationality, in all respects severed their allegiance to their country of origin.

Chapter V: General Articles

Section IV. Property, Rights and Interests

Article 297

(b) German nationals who acquire ipso facto the nationality of an Allied or Associated Power in accordance with the provisions of the present Treaty will not be considered as German nationals within the meaning of this paragraph.

Section VII. Industrial Property

Article 311

The inhabitants of territories separated from Germany by virtue of the present Treaty shall, notwithstanding this separation and the change of nationality consequent thereon, continue to enjoy in Germany all the rights in industrial, literary and artistic property to which they were entitled under German legislation at the time of the separation.

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1947 Treaty of Peace with Italy

15 September 1947

Signed 10 February 1947
Enforced from 15 September 1947
In French, English, and Russian

The Treaty of Peace with Italy was signed by Italy and a number of Allied states whose delegates had participated in the Paris Peace Conference Paris from 29 July to 15 October 1946. It was one of several several treaties -- collectively called the Paris Peace Treaties -- which the Allied Powers signed in 1947 with Italy, Romania, Hungary, Bulgaria, and Finland.

China also signed the treaty with Italy, but effectuation of the treaty required only the ratifications of Italy, and the states most directly involved in the United Nations (Allied) war against Italy -- namely the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, the United States of America, and France.

Of interest here are only the provisions for nationality options, which applied to (1) Italians domiciled as of 10 June 1940 in territories ceded to another state under the treaty, who wished to retain rather than lose their Italian nationality, and to (2) Italians, domiciled in Italy as redefined by the treaty, who wished to acquire Yugoslav nationality. Such Italians had to meet a number of qualifications, including their "customary language" -- Italian for those outside Italy who would opt for Italian nationality, and one of the Yugoslav languages (Serb, Croat or Slovene) for those in Italy who would opt for Yugoslav nationality.

1947 Treaty of Peace with Italy
Nationality choices in ceded territories and in Italy after World War II

English text

The English text is one I cut and pasted from an Internet source. It has not vetted against a reliable printed copy, of which there are several. An antiquarian book dealer describes a French, English, and Russian edition of "The Treaty of Peace with Italy" published by the State Department of the United States, and printed by the Government Printing Office, Washington, with a cover inscribed "Circulated Jan. 16, 1947, & released for publication Jan 17, 1947". The same dealer describes other editions, including an English only edition entitled "Treaties of Peace with Italy, Bulgaria, Hungary, Roumania and Finland".

The received format had been somewhat changed to suit the presentation here. The bold highlighting of the titles, and the underscoring, are mine.

Comments

The boxed comments following some of the provisions are mine. They relate to either contemporary nationality law, or to how they might or might not have been models for territorial and status settlements in the 1952 San Francisco Peace Treaty or related treaties involving Japan after World War II.

The Treaty of Peace with Italy

PART II

POLITICAL CLAUSES

SECTION II: NATIONALITY, CIVIL AND POLITICAL RIGHTS

Article 19

1. Italian citizens who were domiciled on 10 June 1940 in territory transferred by Italy to another State under the present Treaty, and their children born after that date, shall, except as provided in the following paragraph, become citizens with full civil and political rights of the State to which the territory is transferred, in accordance with legislation to that effect to be introduced by that State within three months from the coming into force of the present Treaty. Upon becoming citizens of the State concerned they shall lose their Italian citizenship.

This provision would not have worked in the peace treaty between Japan and the ROC regarding Formosa (Taiwan), or in the normalization treaty between Japan and ROK, for several reasons.

  1. Whereas China had ceded Taiwan to Japan in 1895, and the Empire of Korea had ceded itself to Japan in 1910 (at which time Japan renamed it Chōsen), under the terms of the surrender in 1945, Japan had lost both territories and was no longer in a position to cede them. The Allied Powers, under its own authority, had separated Formosa and Korea from Japan, and overseen their transfer to the control and jurisdiction, and in turn the sovereignty, of the states that stood to be their successor states.
  2. The Republic of China (ROC), the successor state of China, had legally occupied Taiwan, nationalized the territory as a province, and enacted legislation that restored Taiwanese to Chinese nationality. The legislation included provisions for Overseas Taiwanese, and as an Allied Power, ROC had been authorized by the Supreme Commander for the Allied Powers (SCAP), which had authority over Japan's diplomatic affairs, to enroll Taiwanese domiciled in Occupied Japan into its nationality.

    Consequently, Taiwanese in Taiwan had already lost their Japanese nationality de jure under ROC law, and de facto under Japanese law. Most people in Taiwan whose registers had been in the prefectural Interior returned to the Interior, most of which had become part of Occupied Japan, and such people who remained in Taiwan of course remained Japanese. Neither ROC nor Japan saw any need to provide for nationality choices.

    The People's Republic of China (PRC), established in 1949 in a civil war which had driven the ROC government into exile in Taiwan, claimed that Taiwan was rightfully part of its territory. But lacking control and jurisdiction, and not being favored by Japan at the time Japan was pressed by the Allied Powers to reach a settlement with "China", PRC had no standing in the 1952 peace treaty Japan signed with ROC. Japan's recognition of only ROC posed problems for ROC nationals in Japan, apart from whether they were sympathetic with ROC or PRC, had no connections with Taiwan. In 1972, Japan switched its state recognition from ROC to PRC, and hence no longer recognizes ROC nationality. Recognition issues continue to complicate relations between the three states.
  3. Korea, having no successor state, was divided north and south of the 38th parallel for purposes of occupation by the Soviet Union in the north and the United States in the south. In 1948, the Republic of Korea (ROK) was first established in the south, then the Democratic People's Republic of Korea (DPRK) was established in the north. Both states considered themselves the successor state of the Empire of Korea. Neither recognized the 1910 Annexation Treaty -- hence did not recognize that Japan ever legally had sovereignty over the territory it called Chōsen, much less that Koreans had ever actually been Japanese.

In 1948, ROK enacted a nationality law, according to which all inhabitants of the peninsula, who were members of registers in Korea, including those in the northern part of the divided peninsula under the control and jurisdiction of the Democratic People's Republic of Korea (DPRK), were its nationals. Consequently it considered all Koreans in Japan to have remained Koreans.

2. The Government of the State to which the territory is transferred shall, by appropriate legislation within three months from the coming into force of the present Treaty, provide that all persons referred to in paragraph 1 over the age of eighteen years (or married persons whether under or over that age) whose customary language is Italian, shall be entitled to opt for Italian citizenship within a period of one year from the coming into force of the present Treaty. Any person so opting shall retain Italian citizenship and shall not be considered to have acquired the citizenship of the State to which the territory is transferred. The option of the husband shall not constitute an option on the part of the wife. Option on the part of the father, or, if the father is not alive, on the part of the mother, shall, however, automatically include all unmarried children under the age of eighteen years.

3. The State to which the territory is transferred may require those who take advantage of the option to move to Italy within a year from the date when the option was exercised.

4. The State to which the territory is transferred shall, in accordance with its fundamental laws, secure to all persons within the territory, without distinction as to race, sex, language or religion, the enjoyment of human rights and of the fundamental freedoms, including freedom of expression, of press and publication, of religious worship, of political opinion and of public meeting.

Article 20

1. Within a period of one year from the coming into force of the present Treaty, Italian citizens over 18 years of age (or married persons whether under or over that age), whose customary language is one of the Yugoslav languages (Serb, Croat or Slovene), and who are domiciled on Italian territory may, upon filing a request with a Yugoslav diplomatic or consular representative in Italy, acquire Yugoslav nationality if the Yugoslav authorities accept their request.

2. In such cases, the Yugoslav Government will communicate to the Italian Government through the diplomatic channel lists of the persons who have thus acquired Yugoslav nationality. The persons mentioned in such lists will lose their Italian nationality on the date of such official communication.

3. The Italian Government may require such persons to transfer their residence to Yugoslavia within a period of one year from the date of such official communication.

4. For the purposes of this Article, the rules relating to the effect of options on wives and on children, set forth in Article 19, paragraph 2, shall apply.

5. The provisions of Annex XIV, paragraph 10 of the present Treaty, applying to the transfer of properties belonging to persons who opt for Italian nationality, shall equally apply to the transfer of properties belonging to persons who opt for Yugoslav nationality under this Article.

This is the totality of specific nationality provisions made in the main body of the 1947 Treaty of Peace with Italy. Annex XIV includes a number of additional provisions concerning the treatment (1) people in territories ceded by Italy who opt to retain Italian nationality, or (2) people in Italy who opt to acquire Yugoslav nationality.

Some provisions concern those who relocate to another entity, including the Free Territory of Trieste, established on the frontiers between Yugoslavia and Italy. The Free Territory of Trieste was established in accordance with the Articles 21 and 22, which constitute Section III: Free Territory of Trieste, immediately following the above nationality and civil and political rights section.

Article 21 provided that, while Italy would lose its sovereignty over the territory when the treaty came into effect, the territory would "not be considered as ceded territory within the meaning of Article 19 and Annex XIV." Annex XIV concerned "Economic and Financial Provisions Relating to Ceded Territories".

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