740.00116 European War/8–1944
The Secretary of State to the British Ambassador (Halifax)
The Secretary of State presents his compliments to His Excellency the British Ambassador and has the honor to refer to the Ambassador’s note no. 525 of August 19, 1944, regarding a letter addressed [Page 1379] by the Chairman of the United Nations War Crimes Commission to His Majesty’s Principal Secretary of State for Foreign Affairs stating that if the Governments of the United Nations do not have in view some plan for bringing to justice the authors of atrocities committed on racial, political or religious grounds in enemy territory, the Commission is prepared to undertake the task. It is stated that His Majesty’s Government has decided that in its view the Commission should confine itself to collecting evidence of atrocities only when perpetrated in occupied countries.
It is noted that in paragraph 5 (A) of the Ambassador’s note it is proposed to reply to Sir Cecil Hurst that His Majesty’s Government cannot agree to any extension of the terms of reference of the United Nations War Crimes Commission to enable it to deal with atrocities committed on racial, political or religious grounds in enemy territory.
The interested Departments of this Government, including the Department of State, are of the opinion that inasmuch as the statement just referred to would exclude from the jurisdiction of the Commission atrocities committed against non-nationals of the enemy country as well as nationals, it is too broad in scope. It is believed that atrocities committed against non-enemy nationals in enemy territory should be regarded as falling within the jurisdiction of the War Crimes Commission.
The conclusion is expressed in paragraph 5 (B) of the Ambassador’s note that the United Nations should not assume any formal commitment to insure the trial of those responsible for atrocities committed on racial, political or religious grounds in enemy territory, nor impose on the enemy any formal obligation to try them or surrender them for trial, but that they should be prepared to bring pressure on successor Governments in enemy countries to insure that criminals are brought to trial. It is proposed that the War Crimes Commission should be informed of the general intentions of the United Nations in this respect.
The Department of State agrees that pressure should be brought to bear on successor Governments in enemy countries to insure that nationals of those countries guilty of atrocities, who cannot be reached through procedures relating to war criminals, should, nevertheless, be brought to justice. Declarations by members of the United Nations must, in the opinion of the Department, be kept in mind and be made effective to the fullest extent possible. Particular reference is made to statements by President Roosevelt on March 24, 19443 and by Mr. Eden on March 30, 19444 relating to Axis atrocities against the Jews of Europe, which were without reference to nationality [Page 1380] or the country where the atrocities have occurred. President Roosevelt stated “The United Nations have made it clear that they will pursue the guilty and deliver them up in order that justice be done.-’ Mr. Eden said “On this [the persecution of the Jews] His Majesty’s Government in common with their Allies … can only repeat their detestation of Germany’s crimes and their determination that all those guilty of them shall be brought to justice”. Therefore, while agreeing with the British Government that political pressure on successor Governments in enemy countries should be brought to bear to see to it that persons guilty of atrocities in enemy territory on racial, political or religious grounds be required to atone for their misdeeds, the Department of State suggests that this whole matter deserves most careful consideration from both the political and the juridical points of view. Specifically, it feels that an effort should be made to determine whether political pressure can not be implemented by more direct methods for dealing with perpetrators of atrocities who may not be classifiable as war criminals in the strict sense of that term, but who nevertheless represent elements and philosophies in enemy territory that will need to be dealt with if respect for law and order is to be established in those countries. It is believed that considerable disappointment would result if diplomatic pressure should fail and other ways were not found for dealing with these elements.