Far Eastern Commission

Abstract

On September 21, 1950 the Far Eastern Commission approved a policy decision relaxing certain previous prohibitions against the exercise of criminal jurisdiction of Japanese courts over nationals of Members of the United Nations. By this decision, Japanese courts, at the discretion of the Supreme Commander, and subject to progressive relaxation of control of criminal jurisdiction by him, might exercise such jurisdiction over all United Nations nationals with the exception of a) members of the armed forces of any Member of the United Nations, b) officials attached to, or accompanying, and in service of occupation forces, c) United Nations nationals on official business in Japan, and d) members of the immediate family and dependents accompanying these exempt groups. Protection of rights of United Nations nationals was safeguarded by provisions in the new policy by requiring the immediate notification to the head of the mission of the country of the national upon his arrest together with provision for access to the national for purposes of arranging for legal representation. All sentences by Japanese courts were to be reviewable by SCAP and such review was mandatory in the case of capital or life sentence.