Foreign Relations of the United States, Diplomatic Papers, 1944, General, Volume I

840.48 Refugees/11–2144: Telegram

The Secretary of State to the Chargé in Switzerland (Huddle)

Washington, December 8, 1944—9 p.m.

4154. The substance of your 7542 of November 15⁵² and 7668 of November 21 has been carefully studied by the Board and the Department. As indicated in Department’s 3255 of September 21, item 3,⁵³ the Board is of the view that the transmission by the protecting power of messages regarding the mistreatment of victims of enemy persecution serves a useful purpose regardless of whether the enemy government “accepts” the message in any formal sense. However, if certain terminology in the Department’s telegrams requesting that such messages be transmitted is known to the Swiss to be definitely unacceptable to the Germans and likely to defeat the objective of the Department and the Board, which is to save the lives of unfortunate individuals, it is requested that the Swiss use their best discretion in the matter. Other channels are available for communication of the omitted passages or phrases.

In view of this Government’s stand regarding holders of documents issued in the names of American Republics, which is shared by the Inter-American Advisory Committee for Political Defense, the Department and the Board do not accept any German refusal to receive communications in matters pertaining to bearers of Latin American documents. Further, in addition to existing efforts, since each of the Latin American nations has a protecting power for the German Government, Switzerland, Sweden, Spain or Portugal, it is possible for these protecting powers in view of the general responsibility devolving upon them in that capacity to concert measures at Berlin to save lives of persons whose existence is threatened. If the Swiss feel they can not speak up in behalf of human beings whose governments they do not represent, there is no reason why they should not exercise a humanitarian initiative to obtain concerted protective action along the lines suggested by the United States Government by all the protecting powers. The United States Government appreciates and will be eager to support any such Swiss move.

There is a definite reason why the United States Government appears so frequently as spokesman for the other American Republics in these matters. It has the best sources of information and with this responsibility can not await multiple transmissions of communications to various governments before initiating remedial measures. It is furthermore clearly established on the basis of Resolution XXIV of the Committee for Political Defense and through communications exchanged with the various American Republics that none of the other American Republics is willing to accept German infringement of its sovereignty which is constituted by German decisions regarding the validity of its documents of nationality. The protecting powers are all aware of this position and should not need added instructions from the represented powers in order effectively to maintain the protection of bearers of these documents.

This Government of course has a special interest in citizens and claimants to citizenship of the United States and you are authorized to urge or request the Swiss authorities accordingly, unless that has already been done, in line with the fifth paragraph of your 7542 describing action which the Swiss were to take with respect to those whom they consider to be bona fide United States and Latin American nationals represented by Switzerland. It is hoped that that action has been taken. However, the Department and the Board wish to point out that since the Swiss have been arbitrarily deprived by the Germans of contact with many of the individuals whose lives are in the greatest danger they are not able to perceive how the Swiss can determine which of these individuals are bona fide nationals. If without such contact the Swiss should undertake to accept the German determination they would be accepting a grave responsibility.

The German Government is willing enough to accept representations of the United States Government in behalf of the other American Republics whether or not represented by Switzerland, when by doing so it obtains an advantage in the return of its nationals to Germany in exchange. Germany’s failure at this late date to recognize the interest of this Government in claimants of nationality of the American Republics and its justification in making representations concerning matters affecting their availability for exchange is entirely inconsistent. The United States Government can not accept; this German point of view. Moreover, Germany’s attitude in the light of your 7616 of November 18⁵⁵ is not likely to prove inflexible in practice even if it remains so in negotiations.

There appears to be some misinterpretation attached to the Swiss attitude in the matter of the Americans and Latin Americans removed from Slovakia discussed in your 7163 of October 28, penultimate paragraph of your 7542, and the Department’s 3769 of November 4⁵⁶ and 3852 of November 11, 1944. The Department and the Board understood that Grassli’s⁵⁷ proposal called for an approach to the German Government as the power responsible for the transfer of the Americans and Latin Americans held in Slovakia and that he intended the Swiss Government, on its own initiative, as a good office in behalf of both belligerents and in the effort to solve the impasse which might otherwise arise, to suggest to the Germans as a possible solution to the difficulty the return of these individuals to Slovakia. In its 3769, the Department therefore concurred in his proposal. In its 3852 requesting the Swiss to take definite action, it made the request extend only so far as this Government could speak in the matter without extending recognition to Slovakia. Your 7802 of November 28⁵⁸ covers only eight of at least 150 Americans understood to have been held at Marianka. If this figure represents the total number of American citizens of Jewish race remaining alive in Slovakia, numbers of American citizens have disappeared.

To make the matter clear, the Department would be glad if the Swiss could continue with the implementation of Grassli’s proposal to the extent that is compatible with pending exchange proposals. The extent to which the Swiss can speak for the United States Government in making this proposal was defined in Department’s 3852 and the Department notes with gratitude that they have done so and further that they have induced the Germans to consider the exchange of at least eight of the Americans concerned. The remaining elements of the proposal can only be implemented by the Swiss on their own initiative through good offices as a friendly neutral intermediary.

If there were at Marianka or at Sered nationals of the American Republics not represented by Switzerland, the Department and the Board would appreciate if in addition to the action suggested in the foregoing paragraph the Swiss would inform the Department urgently so that the appropriate protecting powers may be asked to take parallel measures in their behalf.⁵⁹

Stettinius

52. See footnote 43, p. 1178.
53. Not printed.
55. Not printed; it reported the opinion of the Italian Minister in Switzerland (Magistrati) that Allied occupation of German territory was apparently causing German authorities to change their minds with regard to arrests and deportations on racial and political grounds, since they themselves might have to appeal to international organizations or neutral countries for protection of their own civil populace (840.48 Refugees/11–1844).
56. None printed.
57. Andre M. Graessli, Swiss Consul General at Bratislava, Czechoslovakia.
58. Not printed.
59. According to telegram 8407, December 29, 1944, 11 a.m., from Bern, the Swiss representative at Bratislava reported that transmission of Salvadoran identity documents to Jews in Slovakia accomplished nothing; German authorities had simply torn up Salvadoran documents which they considered doubtful (840.48 Refugees/12–2944).