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

740.00116 E.W./1479

Document No. C.30, 15 June, 1944: Recommendation Regarding the Establishment in Enemy Territory of an Appropriate Agency to Assist the Commission in its Work, Adopted by the Commission on 13 June, 1944⁵⁹

June 15, 1944

When the Allied forces are established in enemy territory, it will be of great assistance to the War Crimes Commission if a group or agency could be attached to, or form part of, the appropriate section of the Supreme Allied Command in order to help the Commission in the task with which it has been entrusted. The institution of such a group or agency would also relieve other branches of the army of many duties connected with the apprehension and collecting of evidence against men who are to be put on trial.

Proceedings against war criminals in territory restored to the control of Allied Governments will in general necessitate some action which must be taken in enemy territory, and must therefore be taken under the general control and direction of the Supreme Allied Command.

Men who are wanted for trial for acts in connection with the war must be identified, and their whereabouts ascertained; they must be arrested, kept in custody and handed over for trial by the competent courts. Evidence must be obtained in a form which will enable it to be used at the trial. Information must be collected as to cases of war crimes of which the perpetrators have not yet been identified.

The above work can only be done by men who are acquainted with the language and the legal system of the country in which the trial will take place.

The number of men who will be required for this work, their qualifications, and the powers which they will be authorised to exercise are details which can be considered at a later stage. They could be specified in the Order of the Commander-in-Chief which would be issued for the creation of the group or agency proposed above.

Subject to the general control of the Commander-in-Chief which must be safeguarded, the proposed group or agency should be in touch with the War Crimes Commission.

59. Transmitted to the Department by the American Representative on the United Nations War Crimes Commission in despatch 16378, June 19, 1944; received June 24. See also History of the United Nations War Crimes Commission, pp. 348–349.