514.2A12/71a
The Acting Secretary of State to the Chairman of the American Delegation (Wadsworth)
Sir: With reference to the Department’s instruction5 informing you of your appointment as Chairman of the American Delegation to the Conference for the Revision of the Geneva Convention of 1906 and for Framing a Code for Prisoners of War, the Department desires you to be guided by the following instructions during your participation in the meetings of the Conference:
1. In view of the understanding expressed by the Swiss Government, the two subjects to be considered are separate and distinct and should be embodied in separate and distinct conventions, even if these conventions be drafted at the same Conference and by the same personnel.
2. In the revision of the Geneva Convention of July 6, 1906, this Government has no objection to the proposed changes as submitted by the Tenth and Eleventh International Red Cross Conferences,6 but you should request a consideration of the following points with a view to their inclusion in the revised Convention.
a. You may, if deemed wise, consider an extension of Article 20 by providing for a system of adequate control over the wearing of the Red Cross armlet (brassard) in the theatre of operations, by personnel of voluntary aid societies and by individuals not engaged in caring for the sick and wounded.
b. You are instructed to advocate a revision of Articles 14, 17 and 19, of the Geneva Convention of July 6, 1906, whereby the provisions of these articles will be made applicable to all sanitary matériel and its operating personnel devoted exclusively to the transportation of the sick and wounded by land, water or air.
The Department believes that Article 19 should be so phrased as to require the marking of all principal matériel but so as not to require the marking of all matériel of a purely accessory nature such as the tools on ambulances, kitchen utensils in a hopital, surgical instruments, et cetera.
[Page 319]It is believed that the last amendment by the International Red Cross Committee under Article 21, which reads,
The belligerents shall take such measures as may be necessary in order to render the distinctive emblems placed on the sanitary formations and establishments plainly visible to the enemy forces, terrestrial, aerial and maritime.
will cover the question of visibility of the emblems. You will make it clear, if occasion arises, that this Government believes that “sanitary formations and establishments” is a term which will cover any kind of sanitary vehicle or unit engaged in succoring the sick and wounded.
c. You should advocate painting or otherwise marking aircraft pertaining to the Sanitary Services so as to be distinguishable from the ground or elsewhere under all conditions. A method for this purpose might provide for percentage of area to be covered, for the determination of the dimensions and character of the marking.
d. You should also advocate a uniform method of effectively marking sanitary formations and establishments for aerial identification distinguishable under all conditions.
e. It would be desirable to incorporate a provision that combatants engaged obviously temporarily, and primarily, in the transportation or treatment of the sick and wounded shall be respected and protected while so engaged in the same degree as are permanent sanitary personnel. However, if they fall into the hands of the enemy, they shall be treated as prisoners of war.
3. This Government has no objection to the presence of representatives of the International Red Cross and the Sovereign Order of Malta at the meetings held for a revision of the Geneva Convention of July 6, 1906 and for the formulation of a code for prisoners of war.
This Government, however, is strongly opposed to granting the International Red Cross or the Sovereign Order of Malta plenipotentiary status at the Conference in question, and since these organizations are not sovereign states it would oppose any proposal destined to allow either of them to vote in the Conference or to sign any instrument emanating from the Conference. Moreover it feels that since these organizations are not sovereign states they should not be given any function in the administration of the code after its adoption by the powers. In its note of February 18, 1929,7 this Government so informed the Swiss Government.
4. You will find annexed to this instruction a listing of the general principles along which this Government believes the code for prisoners of war should be drafted.7 It is believed that to this code there should be annexed regulations based substantially on the provisions of the [Page 320] detailed draft code prepared by the International Red Cross Committee (which follows closely the terms of the Treaty of November 11, 1918, between the United States and Germany9). This Government recognizes, however, the widely varying conditions under which hostilities occur and to meet this objection to the adoption of detailed regulations it suggests that you propose, at an opportune time, the formulation or ratification of a code, which should consist only of broad principles, and further suggests after ratification of the code and regulations by certain governments, the formation of a body in each of the capitals of the ratifying governments whose duty it would be to watch over the welfare of prisoners of war if hostilities should break out, to adapt the regulations annexed to the code to suit the exigencies of the situation and to see that these general principles were applied in any question which might arise and which had not been provided for. You should endeavor to obtain insertion in any agreement of a provision embodying the principles above suggested, but should you not be successful in this regard and should no other acceptable alternative appear, you may agree to a detailed code in the form now suggested in the agenda, excluding any agency of the International Red Cross from functioning thereunder.
5. This Government believes that it should be clearly stated in both agreements that in the event that one belligerent should allege a violation or nonobservance of any one article by another belligerent the former shall not be free to regard any of the remaining articles as thereby invalidated except such articles as are directly dependent upon the one concerning which there is an alleged violation or non-observance.
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