740.00116 E.W./12–744
Memorandum of Conversation, by the Legal Adviser (Hackworth)
Mr. Pell called today32 and discussed with me for possibly an hour the work of the War Crimes Commission. He thought that it was for the United States to take the lead promptly in these matters, [Page 1398] otherwise such countries as Greece, Yugoslavia and Czechoslovakia would gravitate toward the Soviet Union. He discussed the situation regarding the Gestapo and other German organizations, also the situation with respect to minority groups. He stated that France would treat a member of the Gestapo as a criminal and seemed to think that we should do likewise. He said that Lord Wright was interested in the Jews in Germany. Mr. Pell thought there might be some difficulty in dealing with prewar crimes in Germany but that certainly war crimes against minority groups in that country should be dealt with. He suggested that recommendations to SHAEF to have the courts ready to get hold of members of the Gestapo should be issued without delay. He stated that the Commission desired to have representatives attached to our military forces in Europe to collect evidence in the wake of military operations. He also stated that recommendations from the Commission regarding the establishment of an international court and military tribunals had been sent forward in October and that he had received no instructions.
I told him that the whole situation was being considered by this Department and the War and Navy Departments; that it was somewhat involved and that it had to be thought through and worked out carefully in order that we might not be accused of taking illegal and strong-armed methods such as those for which we are now condemning the Axis powers. I said that we had had conferences with officials of those Departments and I expected to have one within the next day or two. He inquired whether he might sit in on this conference to which I replied that the discussions would be along technical lines and that I doubted whether he would be interested.
I said repeatedly that we were all of one mind as to the desirability of dealing with the different types of atrocities, but that the possible method of procedure remained to be determined and that these were the things that made it desirable to proceed with caution. I said that views such as those voiced by him regarding criminality of members of secret and other organizations in Germany had been voiced in other quarters; that it should be remembered, however, that if the work of the War Crimes Commission and others having to do with the general subject was to be above reproach, it would be necessary to be sure of our ground before undertaking to reach conclusions; that conclusions had not been reached, but that he would be properly instructed as soon as they are reached. At every stage of our discussion I impressed upon him the confidential nature of the whole subject and finally said that if any word were dropped as to any phase of the matter, which is wholly within the exploratory field, it might give rise to speculation and inquiries of an embarrassing nature which neither he nor I would wish. He professed to understand thoroughly [Page 1399] and stated that he was glad to have had this talk and would see me again after a week’s visit in New York.