740.00116 EW/8–1544
The British Ambassador (Halifax) to the Secretary of State
No. 513
His Majesty’s Ambassador presents his compliments to the Secretary of State and has the honour to refer to Sir Ronald Campbell’s note No. 465 of July 29th on the subject of War Crimes.
- 2.
- Lord Halifax has the honour to inform Mr. Hull that he has received from the Foreign Office copies of two letters from Sir Cecil Hurst, the United Kingdom representative on the United Nations [Page 1350] Commission for the Investigation of War Crimes and currently the Chairman of the Commission, forwarding recommendations by the Commission concerning (a) provisions which, if inserted in any armistice imposed upon Germany, would assist the work of the Commission and (b) measures to ensure the capture of war criminals.80
- 3.
- Lord Halifax is also informed that the Foreign Office have received from the Chairman of the War Crimes Commission a further note (No. C34) of July 18, amplifying the earlier recommendations regarding the provisions to be inserted in the armistice terms—(Document C31). This further note states that the Commission recommends that in the Armistice with each European satellite country provision should be made for taking and keeping in custody any members or former members of the German Gestapo and the S.S. who were found in that country and also any members of the police forces of that country whether civil or military who had served or were still serving as District Chiefs in any country occupied by Nazi forces.
- 4.
- It is understood that copies of these three recommendations have been communicated to each of the other representatives upon the Commission and Mr. Pell, United States representative, will no doubt have forwarded copies to the United States Government.
- 5.
- His Majesty’s Principal Secretary of State for Foreign Affairs has considered what action might be suitable to be taken by His Majesty’s Government in the United Kingdom in regard to these recommendations. In his view the most appropriate way of dealing with them would be for them to be communicated either by His Majesty’s Government or by His Majesty’s Government and the United States Government jointly to the European Advisory Commission for the latter to consider as a part of its documentation upon the subjects with which they deal. If this were done they would be forwarded without comment or commitment on the part of His Majesty’s Government and it would be made clear that the communication of these recommendations to the Commission did not imply that His Majesty’s Government either approved them in toto or, in the case of the draft armistice provisions, concurred in the desirability of including this draft in any instrument of surrender for Germany. It would be for each of the Governments represented upon the European Advisory Commission to put forward their views on the recommendations through their own representatives when the questions were discussed in the Commission. The Foreign Office do not propose at present to discuss these recommendations with Allied Governments other than the United States Government.
- 6.
- His Majesty’s Government will give further consideration to the documents received from the United Nations Commission for the Investigation of War Crimes, with a view to formulating their own views upon them. Meanwhile Lord Halifax has been instructed to inform Mr. Hull of the proposals outlined above and to enquire whether the United States Government concur in the procedure suggested.
Washington
, August 15,
1944.