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.
[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.
  1. See Proposal for a United Nations Commission on Atrocities, p. 49.
  2. Maj. Vidkun Quisling was Norwegian Nazi Party leader and subsequently head of the German puppet government in Norway.