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

740.00116 E.W./7–2944

The British Chargé (Campbell) to the Secretary of State

No. 465

His Majesty’s Chargé d’Affaires presents his compliments to the Secretary of State and has the honour to draw Mr. Hull’s attention to the following matter.

2. The primary function of the United Nations Commission for the Investigation of War Crimes is to compile lists of enemy nationals suspected of responsibility for war crimes, with a view to their eventual apprehension and surrender to the Allies for trial. The lists produced by the Commission will be submitted by them to the Allied Governments represented upon the Commission. Although no such list has yet been received from the Commission the time seems to have come when we might usefully consider procedure for the communication of the lists to the appropriate enemy authorities at the proper moment.

3. His Majesty’s Government in the United Kingdom contemplate that the lists will be communicated to Allied commanders in enemy territory, with instructions that they should present them to the enemy authorities in accordance with the general directives which they will presumably have received upon this subject. In the case of British and American Commanders, the lists would presumably be forwarded to them through the Combined Chiefs of Staff. As the headquarters of the War Crimes Commission are in London, it would seem appropriate that His Majesty’s Government should forward the lists to the Combined Chiefs of Staff through the British Chiefs of Staff. Should the United States Government feel it desirable to take parallel action and forward the lists simultaneously to the Combined Chiefs of Staff through their own channels, there would, of course, be no objection to this. The United States Government might, however, consider that such duplication was not necessary. In any case it is the view of the Foreign Office that there would seem to be no need for Governments other than His Majesty’s Government and the United States Government to take any action in regard to the copies of the lists which they will receive from the Commission.

4. In regard to the communication of the lists to the Soviet Commander-in-Chief in Germany, the position is complicated by the fact that the Soviet Government are not represented upon the War Crimes Commission. They will no doubt be preparing their own lists separately, and will presumably present these to the German authorities through the Soviet Commander-in-Chief. It will, however, be necessary for the British and American Commanders also to have copies of any such Soviet lists, and for the Soviet Commander-in-Chief to have copies of lists prepared by the War Crimes Commission, so that appropriate steps may be taken to ensure the apprehension of all the criminals concerned. In the view of His Majesty’s Government in the United Kingdom the most appropriate means of overcoming this difficulty would seem to lie in the communication to the European Advisory Commission⁷⁰ by His Majesty’s Government and the United States Government of all lists forwarded by them to the Combined Chiefs of Staff and by the Soviet Government of all lists forwarded by them to the Soviet Commander-in-Chief.

5. Sir Ronald Campbell has the honour to enquire whether the United States Government agree to the suggestions set forth above. If the United States Government do approve these proposals, the Foreign Office in London would propose as the next step that these suggestions be explained to the Soviet Government and their concurrence invited.⁷¹

Washington , July 29, 1944.

70. For correspondence regarding this Commission, see pp. 1 ff.
71. On December 11, 1944, a member of the Department replied informally to an oral inquiry from the British Embassy that no formal reply had been made to its note of July 29 since there were pending before the Combined Chiefs of Staff draft instructions which contemplated a simpler procedure, namely communication of its lists directly by the Commission to theater commanders (740.00116 European War/12–944).