File No. 811.203/53
The Secretary of State to the Ambassador in Great Britain ( Davis )
5804. Reference your despatch No. 837, June 5, 1919.
Propose to Foreign Office that arrangement be made in regard to military penal jurisdiction in following form:
The Government of the United States of America and the Government of Great Britain recognize during the war, and until 30 days [Page 756] after notice of the termination of this arrangement shall have been given by either Government, the exclusive jurisdiction of the tribunals of their respective land and sea forces with regard to persons subject to the jurisdiction of those forces whatever be the territory in which they operate or the nationality of the accused. In the case of offenses committed jointly or in complicity with persons subject to the jurisdiction of the said military forces, the principals and accessories who are amenable to the American land and sea forces shall be handed over for trial to the American military or naval justice, and the principals and accessories who are amenable to the British land and sea forces shall be handed over for trial to the British military or naval justice.
The Government of the United States of America and the Government of Great Britain further recognize during the present war, and until 30 days after notice of the termination of this arrangement shall have been given by either Government, the exclusive jurisdiction within American territory of American justice over persons not belonging to the British land and sea forces who may commit acts prejudicial to the said military forces and the exclusive jurisdiction, within British territory, of British justice over persons not belonging to American land and sea forces who may commit acts prejudicial to the said military forces.
The word “persons” as used in the first paragraph of this arrangement designates, together with the persons enrolled in the Army, Navy and Marine Corps, any other person who under the American or British law is subject to military or naval jurisdiction, especially members of the Red Cross regularly accepted by the Government of the United States of America or the Government of Great Britain in so far as the American or British law and the customs of war place them under military or naval jurisdiction.