740.00116 European War 1939/693
The Ambassador in the United Kingdom (Winant) to President Roosevelt12
Dear Mr. President: Just before Harry13 left, the Lord Chancellor14 told me of a memorandum which
you had given to the Prime Minister on his last visit to Washington,
relating to atrocities.15 He told
me that he understood that Harry had prepared this memorandum for you,
and that as a result of it, and on the recommendation of the Prime
Minister, the War Cabinet had formed a “War Cabinet Committee on the
Treatment of War Criminals” to study the problem presented in the
memorandum. He asked me if I would sit in with the Committee. On Harry’s
suggestion, I did so. The recommendations made are not in line with the
memorandum but Harry thought that it might be well to consider the
problem without necessarily being bound by the memorandum.
The committee is composed of the following, and I found that they had
given considerable study to the subject:
- Lord Simon (In the Chair),
- Sir Stafford Cripps,16
- Sir Donald Somervell,17
- Sir Alexander Cadogan,18
- Mr. Eden,
- Major Sir David P. Maxwell Fyfe,19
- Sir William Malkin,20
- Sir Claud Schuster21
After talking over their conclusions they unanimously
decided to ask that I forward them to you for such suggestions as you
might want to make. There was a kind of preamble attached relating the
present program back to the Bryce Committee of the last war,22 with
the [Page 49] thought that it might give
standing to action taken at the present time. I felt that the Bryce
Committee had been somewhat discredited as a propaganda agency and
therefore suggested eliminating reference to it, which was agreed. There
is great pressure on the part of Allied Governments here to force some
action that might act as a deterrent against further atrocities by the
enemy. The suggested plan might be a deterrent and would at least
prevent less wise measures being taken.
I am forwarding a copy of the proposal for a “United Nations Commission
on Atrocities”, and likewise a copy of the “Suggested Functions for a
United Nations Commission for the Investigation of War Crimes”.
Sincerely,
[Enclosure 1]
Proposal for a United Nations Commission on
Atrocities
1. The Committee on the Treatment of War Criminals (the Lord
Chancellor, the Lord Privy Seal, the Foreign Secretary, the Minister
of Information,22a the Attorney General, and the Solicitor General)
has considered, on reference by the War Cabinet, a proposal for a
United Nations Commission on Atrocities. After preliminary
consideration by the Committee, the Chairman invited the American
Ambassador to attend the Second Meeting on 27th July, and Mr. Winant
was good enough to do so. The following is a summary of the
suggestions discussed.
2. Nature of Commission
The Commission should investigate atrocities committed against
nationals of the United Nations and should report from time to time
to the Governments of those Nations any case where they are
satisfied that an atrocity has been committed and should name, where
possible, the persons responsible; they should direct their
attention in particular to organised atrocities. For this purpose,
atrocities perpetrated by Germany in occupied France should be
included.
If it is thought desirable to set out the functions of the Commission
in some detail, the attached paper (Annex I)23 gives a summary of suggested
functions.
The suggestion of some sort of international court for the trial of
war criminals should be deprecated. Nor is it necessary or desirable
to create a new body of law, for war crimes are already sufficiently
well-defined.
[Page 50]
The Commission should be a fact-finding body, making reports to the
Governments of the United Nations and to the Fighting French which
would be available for publication; these reports might also contain
material upon which decisions would ultimately be taken on the
treatment of war criminals. Some of the European Allies have
suggested that war criminals who come into their hands might be
dealt with by their own tribunals. It is not suggested that we can
intervene to prevent this. But if the United Nations Commission
acquires authority and reputation by its composition and work, it
may be that the reports of the Commission would influence or control
the selection of persons to be prosecuted in Allied countries.
3. Representation
Membership should be confined to nationals of the United Nations; the
following might be invited to send representatives—
| United Kingdom |
Belgium |
|
Czecho-Slovakia |
| United States |
Greece |
|
Holland |
| U. S. S. R. |
Luxembourg |
|
Norway |
| China |
Poland |
|
Yugo-Slavia |
Special provision for the representation of the
Fighting French would be desirable. The Dominions Secretary23a should be
asked to consult the Dominions as to whether they wish separate
representation.
4. Method
It would seem decidedly preferable to constitute a single Commission,
which might sit from time to time in two or more panels in different
countries. The whole Commission should examine the conclusions of
the panels before reporting to the United Nations.
5. Scope of Enquiry
The atrocities of all offenders, irrespective of rank, should be
investigated. The aim should be to collect material about the main
atrocities, especially those which are being systematically
committed.
Every effort should be made to fix the names of those who have been
responsible for the perpetration of the atrocity, in addition to
verifying the occurrence.
[Page 51]
[Enclosure 2]
Suggested Functions for a United Nations
Commission for the Investigation of War Crimes
- 1.
- With a view to establishing responsibility for atrocities in
the nature of war crimes perpetrated by the enemy in the present
war, to investigate all cases referred to the Commission by any
of the Governments of the United Nations of atrocities committed
by, or by order of, the nationals of any of the countries at war
with any of the United Nations against nationals of the United
Nations.
- 2.
- To collect, record and assess all available evidence, oral and
written, upon such atrocities.
- 3.
- To direct their attention in particular, in the first
instance, to those cases which appear to be atrocities organised
and committed in pursuance of a deliberate policy.
- 4.
- To report from time to time, as early as possible, to the
Governments of the United Nations, cases in which the Commission
is satisfied that an atrocity has been committed, naming, where
possible, the person or persons whom they consider
responsible.
- 5.
- To investigate, consider and report upon any other instances
or classes of war crimes referred to them by the general consent
of the Governments of the United Nations.
- 6.
- To constitute such panels for the taking and recording of
evidence, and to sit whether in panels or as a whole, in such
places as the Commission may from time to time decide.
- 7.
- To co-opt such expert technical advisers for the purpose of
particular investigations as the Commission may consider
necessary.
- 8.
- Perhaps, to make recommendations upon the procedure by which
war criminals should be dealt with after the war.
[For text of President Roosevelt’s statement regarding crimes
against civilian populations, released to the press on August
21, 1942, see Department of State Bulletin, August 22, 1942, page 709. For statement
made by British Prime Minister Churchill on this subject in the
House of Commons on September 8, 1942, see Parliamentary Debates, House of Commons, 5th series,
volume 383, column 97.]
