740.00114 European War 1939/2011½
Memorandum by the Chief of the Special Division (Green) to the Assistant Secretary of State (Long)
The German Government has been applying the provisions of the Geneva Prisoner of War Convention to all prisoners of war under its control with the exception of Soviet prisoners. Soviet prisoners have been subjected to a less favorable regime because the Soviet Union is not a party to the Geneva Convention.
The Soviet Government has announced its intention, on terms of reciprocity, to apply to prisoners of war under its control the regime established by the Fourth Hague Convention of 1907. This regime in its broadest aspect is similar to that provided by the Geneva Convention but lacks certain desirable definitions and provision for periodic inspections of camps by the protecting power, a provision which has so far proved to be the only satisfactory guarantee for the effective application of the humanitarian treatment prescribed.
This Government has pointed out these considerations to the Soviet Government and has urged it either to adhere to the Geneva Convention or to state its willingness reciprocally to apply a regime similar thereto, including periodic inspections by the protecting power. This Government offered to use its good offices with the German Government to obtain reciprocal treatment in this respect. So far the Soviet Government has declined. It has based its refusal to adhere to the Geneva Convention on the ground that Article 9 thereof, [Page 1023] providing for a segregation of races in prisoner of war camps, is contrary to the Soviet Constitution. This Government has suggested that this difficulty might be avoided by an adjustment of phraseology connected with a declaration of intent otherwise reciprocally to apply the provisions of the Geneva Convention. To date the Department is not informed that the Soviet Government is willing to go beyond the inadequate regime established by the Fourth Hague Convention of 1907. (Please see attached telegram no. 2097.)65
The Soviet Government has complained that the treatment of Soviet prisoners by Germany is inhumane in the extreme, and reports otherwise received by this Government indicate that Soviet prisoners of war in Germany are not being treated with the consideration shown to prisoners of war of countries that are adherents of the Geneva Prisoner of War Convention and that this distinction is being made by Germany on the ground that as the Soviet Government is not a party to the Convention, there is no obligation on the German Government to apply its provisions to Soviet prisoners.
Unless the provisions of the Geneva Prisoner of War Convention are applied to all prisoners of war without distinction, it is probable that there will be a deterioration in the standard of treatment of prisoners now enjoying the safeguards of that Convention. With this in mind, this Government has not only urged the Soviet Government to apply an analogous regime to German prisoners on a basis of reciprocity but this Government has, in an analogous case, informed the Japanese Government that this Government intends to apply to Japanese, and all other prisoners that it may take, the provisions of the Geneva Prisoner of War Convention which, although signed by Japan, was never ratified by the Japanese Government and is, therefore, not, strictly speaking, applicable to Japanese prisoners.
If you, who so well understand the situation, would find it possible to speak with the Soviet Ambassador66 on this subject, he might, perhaps, be able to prevail upon his Government to apply the Geneva Convention or a regime similar thereto in all respects.