740.00114 European War 1939/1776: Telegram
The Secretary of State to the Ambassador in the Soviet Union (Steinhardt)
1199. Your 1826, October 25 [24], 5 p.m. Department understands that the provisions of the Geneva Convention are not being applied in Germany to Soviet prisoners of war because the Soviet Union not being a party to the Convention there is no obligation upon Germany to apply its provisions to Soviet prisoners under German control. Information reaching Department indicates that if this situation continues, the treatment not only of Soviet prisoners of war but of all other prisoners of war in Germany may become worse. In the interest, therefore, not only of Soviet prisoners of war but of all prisoners of war in various countries, it is hoped that the Soviet Government will find it possible to indicate officially its willingness to apply the provisions of the Convention to German and associated prisoners of war in case the German Government indicates that it is prepared likewise to apply the provisions to Soviet prisoners of war.
While your 1826 indicates that the Soviet Government would be extremely reluctant because of the nature of its relations with the Swiss Government to adhere to the Prisoner of War Convention in the manner prescribed by Article 94 thereof, Department considers that such adherence together with a statement that the Soviet Government intends immediately to apply the provisions of the Convention, waiving the 6 months period mentioned in Article 94, would be the most effective step that could be taken toward the humanitarian objective the Department has in mind. It is desired, therefore, that you first take this matter up with the competent Soviet authorities on this basis and urge that adherence to the Convention be given the most serious consideration. If desired, this Government would be pleased to act as a friendly intermediary for the delivery to the Swiss Government of an act of adherence to the Convention by the Soviet Government.
If it appears beyond all manner of doubt that the Soviet Government will not adhere under any considerations to the Prisoner of War Convention in the manner prescribed by Article 94, you may then suggest to the competent Soviet authorities that they may wish to make an official declaration to the effect that the Soviet Government is prepared upon terms of reciprocity to apply to prisoners of war in its hands the provisions of Articles 1 to 88 inclusive of the Prisoner of War Convention. The Department would be pleased in addition [Page 1010] to such steps as might be taken through the representing powers itself to communicate the terms of such a declaration to the opposing belligerents and to inquire of them whether they would be disposed reciprocally to apply to Soviet prisoners the same provisions of the Convention.
Should the Soviet Government not desire to associate itself in any manner with the Prisoner of War Convention, whether because of the fact that it is known as the Geneva Convention, or because of the fact that the Swiss Government is custodian of the Convention, or for any other reason, you may suggest to the competent authorities that the Soviet Government might wish independently to agree with the German Government to apply to prisoners of war a régime to be fixed in a reciprocal agreement entered into between the Soviet Government and opposing belligerents, the terms of which would be identical with Articles 1 to 88 inclusive of the Geneva Convention, but would make no reference to that Convention, the agreement constituting an entirely separate bilateral agreement distinct from the Geneva Convention. In this case also, the Department would be pleased to take any possible measures to assist in the conclusion of such an agreement.
Please keep Department informed by telegraph of your negotiations in this matter.
Repeated to Stockholm.