740.00114 European War 1939/1916: Telegram
The Chargé in the Soviet Union (Thurston) to the Secretary of State
[Received November 29—11:15 a.m.]
1977. Embassy’s 1936, November 27 [17], 2 p.m.; and 1962, November 21, 8 p.m. Vyshinski handed to me yesterday afternoon the following reply to the Embassy’s recent note with respect to the Geneva Convention on prisoners of war:
“Presenting its compliments to the American Embassy the People’s Commissariat for Foreign Affairs in reply to the Embassy’s note of November 13, 1941, has the honor to communicate the following: Expressing its gratitude to the Government of the United States of America for the attention which it displays in respect to the position of Soviet prisoners of war in Germany, the Soviet Government cannot, however, agree with the assertion contained in the above-mentioned note of the American Embassy that the failure of the German authorities to apply to [Soviet prisoners of war?] and to other prisoners of war in Germany the rules established by international treaties and practice for the treatment of prisoners of war is allegedly explained by the fact that the Soviet Union is not a participant of the Geneva Convention of 1929 and that Germany is not under obligation to apply the regulations of this convention to prisoners of war in Germany.
The German Government and German authorities without taking international law into consideration and grossly and systematically violating all international treaties and agreements including those concerning the treatment of prisoners of war, are conducting in respect to Soviet prisoners of war, a regime of bloody arbitrariness, injustice and mockery, a regime which cannot be justified by any references whatever to the nonparticipation of the U. S. S. R. in the Geneva Convention. Such references are all the more deprived of any foundation since the Soviet Government as long ago as July [Page 1015] 17, 1941, in its note to the Swedish Government, as well as on August 8, 1941, in a note transmitted to all Embassies and Legations accredited to the Government of the U. S. S. R., declared its readiness to observe on the basis of reciprocity all regulations concerning the rules and customs of land warfare of the Fourth Hague Convention of 1907, including the regulations concerning prisoners of war.
In conformity with this the Soviet Government, since the first days of war with Hitlerite Germany and the latter’s accomplices which treacherously attacked the Union of Soviet Socialist Republics, has strictly and completely applied to the prisoners of war from the countries fighting the Union of Soviet Socialist Republics all principles and regulations provided in the aforesaid Hague Convention, principles and regulations of the Geneva Convention of 1929 in respect to prisoners of war.
The Soviet Government also deems it necessary to direct the attention of the Government of the United States of America to the circumstances that Germany, which is a party to the Geneva Convention, is obliged regardless of whether the Soviet Union is also a party to this Convention completely to observe all rules and regulations of the Convention by virtue of Article 82 thereof, which establishes that in time of war if one of the belligerents is not a party to the Convention, the Convention’s regulations will nevertheless remain as obligatory as between belligerents which are parties to this Convention.
With respect to the question of the attitude of the Soviet Government toward the principles of the Geneva Convention of 1929 and to the possibility of the Union of Soviet Socialist Republics adhering to this convention, the Soviet Government, although being in sympathy with all the regulations and principles of this convention, cannot, however, accept the regulations of article 9 of the convention which establishes the distribution of prisoners of war in the camps according to their race, which is in direct contradiction with article 123 of the Constitution of the Union of Soviet Socialist Republics.
Precisely on this basis, the Soviet Government cannot give its assent to the adherence of the U. S. S. R. to the Geneva Convention of 1929.”
After handing me the note Vyshinski remarked that the 1929 Geneva Conference not only contains all the provisions of the 1907 Hague Convention but three others, namely, articles 9, 16 and 22. Articles 16 and 22 are acceptable to the Soviet Government, article 16 in fact, being in harmony with article 124 of the Soviet Constitution. Article 9, however, is unacceptable as the Soviet Government perceives in it recognition of the doctrine of race discrimination which brings it in conflict with article 123 of the Soviet Constitution.
I inquired of Vyshinski whether the last paragraph of this note was to be construed as constituting formal and definitive refusal on the part of his Government to adhere to the Geneva Convention of 1929 and upon his reply that it should be so construed I suggested that his Government might wish to consider the advisability of an official declaration to the effect that the Soviet Government was prepared [Page 1016] upon terms of reciprocity to apply to prisoners of war in its hands the provisions of articles 1 to 88, inclusive, of the Prisoners of War Convention, adding that the Department of State would be pleased, in addition to such steps as might be taken through the representing powers, to communicate the terms of such a declaration to the opposing belligerents and inquire of them whether they would be disposed reciprocally to apply the same provisions of the convention. Vyshinski stated that he would present this suggestion to his superiors and give me a reply as quickly as possible. He pointed out, however, that the suggestion as presented entailed acceptance of article 9 which, as he had just explained, is unacceptable in view of its conflict with the Soviet Constitution. I suggested that a solution of this difficulty might be arrived at by some revision of phraseology and he agreed. I did not deem it advisable to present at this interview the final alternative suggestion authorized in the Department’s 1199, November 7, 10 p.m.