740.00116 E.W./8–1544

The Secretary of State to the British Ambassador (Halifax)

The Secretary of State presents his compliments to His Excellency the British Ambassador and has the honor to refer to the Ambassador’s [Page 1362] note no. 513 of August 15 regarding certain communications received by the Foreign Office from the Chairman of the United Nations War Crimes Commission forwarding recommendations of the Commission regarding provisions to be inserted in the armistice imposed on Germany, measures to insure the capture of war criminals, and an amplification of the earlier recommendations regarding proposed armistice terms. Copies of these documents (C.21, C.31, and C.34)92 have been forwarded to this Government by Mr. Pell, the United States representative on the Commission.

It is stated in the Ambassador’s note that His Majesty’s Principal Secretary of State for Foreign Affairs has suggested that these recommendations might be communicated either by the British Government or by the British Government and the United States Government jointly to the European Advisory Commission. This would be done, it is explained, without comment or commitment on the part of the British Government, which would make it clear that the communication of these recommendations to the Advisory Commission did not imply that the British Government either approved them in toto, or concurred in the desirability of including the draft armistice provisions of surrender for Germany. It is noted that the Foreign Office does not propose to discuss these recommendations with Allied Governments other than the United States Government, and that the British Government will give further consideration to the documents received from the War Crimes Commission with a view to formulating their own views upon them.

In as much as the War Crimes Commission is located in London, the Department considers that it would be appropriate that the British Government should forward the recommendations in question to the European Advisory Commission, it being made clear that neither the British Government nor the Government of any of the countries represented on the War Crimes Commission has approved them or concurred in their desirability so far as the British Government is informed. It would then be, as suggested in the Ambassador’s note, for each of the Governments represented on the European Advisory Commission to put forward their views on the recommendations.

This Government, in the meantime, will study the documents received from the War Crimes Commission in order to be in a position to express its views in regard thereto.

  1. Dated 18 May, 16 June, and 18 July, pp. 1320, 1331, and 1336, respectively.