740.00116 European War 1939/557
The British Embassy to
the Department of State
Aide-Mémoire
The Secretary of State will no doubt have received from the United States
Ambassador in London a copy of the document setting out the present
views of His Majesty’s Government in the United Kingdom on the policy to
be adopted with regard to war criminals, which was considered at a
meeting at the Foreign Office with representatives of the Allied
Governments in London and the French National Committee on the 6th
August (a copy is attached for convenience of reference).
- 2.
- The Allied Governments in London have now proposed to His
Majesty’s Government that all the Allied Governments, including the
Government of the United States, the Soviet Government and the
Chinese Government, should adopt the policy laid down in paragraph 5
of that document and that this should form a basis for a statement
to that effect. They maintain that this is the one immediate step
now
[Page 53]
practicable which might
have some effect in diminishing the atrocities in Occupied
Europe.
- 3.
- His Majesty’s Government see no objection to the adoption of this
proposal, which they consider is likely to increase the
effectiveness and the propaganda value of the statement which they
hope it may be possible to make before long about a United Nations
fact-finding commission in regard to war criminals. (Particulars of
this proposal were communicated to Mr. Winant for the consideration
of President Roosevelt on the 27th July).28 His
Majesty’s Government consider that the statement now proposed by the
Allied Governments in London should be coupled with and not made
before any statement regarding the proposed United Nations
Commission. The exiled governments are, however, pressing for early
action and the time factor is important.
- 4.
- His Majesty’s Government would be glad to receive an early
expression of the views of the United States Government on this
proposal. It would then be necessary for them to consult the Soviet,
Chinese and Dominion Governments.
Washington
, 7
September, 1942.
[Enclosure]
Memorandum of British Views on Policy To Be
Adopted With Respect to War Criminals
His Majesty’s Government in the United Kingdom have not reached any
final conclusions on the policy to be adopted with regard to war
criminals, but the following general principles represent their
present views.
- 1.
- Policy and procedure regarding war criminals, including the
question of the judicial tribunals to be employed, should be
agreed between all the Allied Governments concerned.
- 2.
- In dealing with war criminals, whatever the Court, it should
apply the existing laws of war and no special ad hoc law should be enacted.
- 3.
- The punishment of war criminals should be disposed of as soon
as possible after the end of the war, in order—
- (a)
- to ensure rapid justice,
- (b)
- to prevent so far as possible wronged individuals
taking the law into their own hands, and
- (c)
- to prevent trials dragging oh for years and so
delaying the return to a peaceful atmosphere in
Europe.
- It may be desirable ultimately to fix a limited period after
the termination of hostilities during which all trials should be
instituted.
- 4.
- Each Allied Government concerned should, so far as is possible
at this stage, draw up lists of criminals against whom it wishes
to proceed and prepare evidence against them.
- 5.
- Provision should be included in the armistice, terms for the
immediate capture or surrender of wanted criminals, and this
should not be left over until after the conclusion of a peace
treaty. Otherwise, it might prove impossible, as after the last
war, to obtain custody of the persons required. Lists, if any,
included in the armistice terms should not, however, be regarded
as exclusive, and authority would be reserved to demand the
delivering up of additional persons later. Each peace treaty,
would subsequently contain any provisions which may be required
to enable the action contemplated to be taken.
- 6.
- All possible steps should be taken to prevent war criminals
from obtaining asylum in neutral countries.
- 7.
- A distinction should be drawn between enemy war criminals and
nationals (e. g. Quislings29) of the Allied countries concerned. The
latter should be dealt with by each Allied Government concerned
under its own law, and no inter-Allied agreement is necessary
for this purpose, although some special inter-Allied
arrangements for surrender to the appropriate Allied authority
might be required.