Foreign Relations of the United States: Diplomatic Papers, 1944, General, Volume I

740.00116 European War 1939/1470

Miss K. Isabel Poate, an Attaché of the British Embassy, to Miss Katherine B. Fite, Assistant to the Legal Adviser (Hackworth)

Washington, June 12, 1944.

Dear Miss Fite: As agreed between you and Mr. Gore-Booth on the telephone, and confirmed in Mr. Hackworth’s letter to Mr. Gore-Booth of June 9th, (Le 740.00116 European War 1939/1459), we have drawn up a draft directive on the subject of the jurisdiction of the military commanders in the field over war crimes, which might serve as a basis for discussion at the proposed meeting of representatives of the Department of State, the War and Navy Departments, and this Embassy. Three copies of this proposed draft are enclosed herewith.

Perhaps you would telephone, either to Mr. Gore-Booth or myself, as soon as a date and time for the meeting has been arranged?⁵⁸

Yours sincerely,

K. Isabel Poate

[Enclosure]

Draft Directive

In dealing with War Criminals you should be guided by the following:

Military commanders have the power to try and punish at their discretion all cases which involve violations of the laws of war committed in overseas theaters of operation. This directive indicates the policy to be followed in deciding which crimes should be dealt with by summary military jurisdiction and which should be referred to the United Nations Commission for the Investigation of War Crimes.

1. Military commanders shall try and punish offences committed against their command during the course of operations.

2. Military commanders may try and punish offences committed shortly before operations where the necessary evidence is readily available on the spot.

3. Offences committed some time before operations and where evidence is not available on the spot, shall be referred to the Commission.

4. Minor offences where the important consideration is prompt disposition of the case shall be tried and punished by local military commanders.

5. Serious offences, other than those committed against their own command during the course of operations, particularly those involving questions of principle or directly concerning other Allied Governments, shall be referred by military commanders to their Governments through the ordinary machinery for eventual report to the Commission.

58. No record of the meeting found in Department files; it was evidently held on July 7.