Military Protocol 1947

Military Protocol 1947 is a legal provision of the Pacific States of America that defines the authority of the Japanese occupation administration over matters of criminal remand and extradition. It appears in the novel at a moment of high tension, when the German consul Freiherr Hugo Reiss presents a formal request for the return of Frank Frink, a Jew who has been arrested in San Francisco. The protocol is invoked by Nobusuke Tagomi, a high official of the Ranking Trade Mission, to block the extradition and order Frink's release, marking a decisive assertion of Japanese legal supremacy over the Reich's demands within the Pacific States of America.

Legal Basis and Scope

The protocol is grounded in the hierarchy of the Pacific States of America, where the Japanese occupation authorities hold ultimate legal power. The Sacramento puppet government, referred to as the pinoc government, administers local affairs but remains subordinate to the real authorities, the Japanese. The protocol operates within this framework, establishing that the Ranking Trade Mission, as the representative of the Imperial Government, has the final say in matters involving the remand of individuals. This is consistent with the broader legal structure of the Pacific States of America, where Japanese civil law is described as harsh, rigid, but just, and where the Trade Missions are credited with incorruptible honesty.

The protocol is specifically invoked in the context of a request by the German Reich for the extradition of Frank Frink, who is described as a Jew and, according to Reichs law, a citizen of Germany retroactive to June 1960. The request is made through the German consul, Freiherr Hugo Reiss, using Form 20-50. The protocol allows the Ranking Trade Mission to override this request, effectively nullifying the Reich's claim to jurisdiction over Frink within the Pacific States of America.

Invocation by Nobusuke Tagomi

The protocol is invoked by Nobusuke Tagomi at a critical moment, shortly after he has suffered a heart attack. Tagomi, who has just confronted the German consul over the shooting of two SD men in his office, is presented with the extradition form by his subordinate, Mr. Ramsey. Despite his physical distress, Tagomi refuses to sign the form as presented. Instead, he scribbles on the bottom of the document: "Release. Ranking Trade Mission, S.F. authority. Vide Military Protocol 1947. Tagomi." He then hands a carbon copy to the German consul and the others to Mr. Ramsey, effectively ordering Frink's release.

This act is significant because it demonstrates Tagomi's willingness to use his authority to protect an individual from the Reich's persecution, even at the risk of diplomatic conflict. The invocation of the protocol is a direct challenge to the German consul, who has come to the Nippon Times Building to secure Frink's remand. Tagomi's action is also notable for its timing, occurring immediately after his confrontation with Reiss over the SD raid, and it reflects his growing disillusionment with the Nazi regime.

Consequences and Aftermath

The invocation of Military Protocol 1947 has immediate and far-reaching consequences. Frank Frink, who has been held at the Kearny Street Police Station, is released that evening. A police officer unlocks his cell and tells him to collect his possessions, and Frink finds himself free on the sidewalk, having been arrested for no real reason and released the same way. He is bewildered by his release, which he describes as a miracle and a fluke, and he reflects that by rights he should be on a plane heading for Germany and extermination.

Frink's release is a direct result of Tagomi's invocation of the protocol, and it allows him to return to his workshop and resume his work with Ed McCarthy. The release also has broader implications for the relationship between the Pacific States of America and the German Reich. The German consul, Hugo Reiss, is visibly displeased by Tagomi's action, and the two men exchange heated words. Tagomi tells Reiss that his nation is about to descend into greater vileness than ever, and he declares that he is sick with horror at the coming bloodbath. The invocation of the protocol thus serves as a symbolic rejection of the Reich's authority and a defense of Japanese sovereignty.

Significance

Military Protocol 1947 is significant as a legal mechanism that embodies the power dynamics of the Pacific States of America. It demonstrates the extent to which the Japanese occupation authorities can override the demands of the German Reich, even in matters of extradition and criminal justice. The protocol is also significant for its role in the narrative, as it provides the means for Frank Frink's release and allows him to continue his life as a free man. Tagomi's invocation of the protocol is a moment of moral clarity in a novel otherwise marked by ambiguity and compromise, and it underscores the theme of legal authority as a bulwark against tyranny.