740.00116 E.W./8–2144
The Secretary of State to the American Representative on the United Nations War Crimes Commission (Pell)
Sir: Reference is made to your despatch no. 17584 dated August 21, 1944 in which you refer to the distinction made in the Moscow Declaration between the treatment to be accorded persons taking part in atrocities in occupied countries and “the case of the major criminals, whose offences have no particular geographical localisation and who will be punished by the joint decision of the Governments of the Allies”. You ask for instructions suggesting a rule by which the War Crimes Commission could ascertain just who is to be turned over to the political authorities, and, if possible, some indication of the methods by which their cases will be handled. You also inquire whether certain “high up Nazis” who have offended against more than one nation are to be left for direct action by the governments or whether their cases are to be considered by the Commission for judicial procedure.
The Department is not in a position at the present time to give you instructions as to a line of demarcation between “major criminals” and other offenders. It is not believed, however, that this should in anywise interfere with the collection of evidence concerning war criminals of whatever category they may be or with the other work of the Commission.
Very truly yours,