751R.62114/7–1044

The British Chargé (Campbell) to the Secretary of State

Ref: 2609/7/44
No. 414

His Majesty’s Chargé d’Affaires presents his compliments to the Secretary of State and has the honour to refer to his note No. 410 of July 8th, 1944,21 on the subject of the shooting of German prisoners by the French Forces of the Interior, as retaliation for the execution of patriot French prisoners by the Germans.

2.
Sir Ronald Campbell has now been informed by His Majesty’s Principal Secretary of State for Foreign Affairs that the French Committee has communicated to His Majesty’s Government, through Monsieur Vienot, the message sent by the French Committee to the International Red Cross for transmission to the German Government, claiming that the Forces of the Interior are entitled under the Hague Convention22 to be treated as regular soldiers, threatening counter measures against German prisoners if this claim is ignored, and announcing that Germans who execute members of the Forces of the Interior will be treated as war criminals. The Committee has asked His Majesty’s Government to associate themselves with this action.
3.
His Majesty’s Government are anxious to do what they can to safeguard the French Forces of the Interior, especially as they now form an integral part of the forces under General Eisenhower’s command. They see, however, two difficulties in the way of acting as the Committee requests.
(i)
His Majesty’s Government are not prepared countenance reprisals and will try to dissuade the Committee from doing so. The Germans are already complaining about the treatment of their prisoners in French hands. The mere threat of reprisals might well produce retaliation against not only French but also American and British prisoners.
(ii)
The French claim that the Forces of the Interior are entitled, under International Law, to be treated as regular soldiers is difficult to substantiate, at any rate when they are not in uniform.
4.
His Majesty’s Government in the United Kingdom have assumed that a similar communication has been received by the Department of State from the French Committee,23 and have the honour to suggest that in the circumstances the following might be the most effective procedure for dealing with this matter. The French Committee would be asked to concert with the United States Government and His Majesty’s Government in the United Kingdom a formal statement, to be made by the Committee alone, and to be given the maximum publicity, to the effect that the French authorities will take steps to bring to punishment any Germans responsible for treating members of the Forces of the Interior in a manner inconsistent with the accepted rules and customs of War. The United States Government and His Majesty’s Government would then, it is proposed, issue a parallel statement to the effect that they considered the Forces of the Interior entitled to treatment as regular soldiers, as they formed an integral part of General Eisenhower’s forces and bear arms openly against the enemy; that the American and British commanders in the field would give the French every help in bringing to justice German soldiers who failed so to treat them; and that any offenders falling into British or American hands would eventually be delivered to the French for trial and punishment. It is felt that both statements would have to be carefully worded so as to avoid claiming actual rights for the Forces of the Interior under International Law.
5.
As stated in Sir Ronald Campbell’s note under reference, His Majesty’s Government feel this to be a matter of great urgency, and he would be grateful if he might be informed as soon as possible whether the United States Government agree to the line of action proposed. If this course is decided upon, the first step would seem to be for instructions to be sent to the Representatives at Algiers of the United States Government and His Majesty’s Government to explain the proposal to M. Massigli and to invite him to let them have the French statement in draft. The proposed statement by the United States Government and His Majesty’s Government could then be agreed.
  1. Not printed.
  2. Annex to convention on the laws and customs of war on land adopted at the Second Hague Peace Conference, 1907, Foreign Relations, 1907, pt. ii, pp. 1204, 1207.
  3. See telegram 2355, infra.