Foreign Relations of the United States: Diplomatic Papers, 1944, Europe, Volume IV

711.62114/9–1544: Telegram

The Secretary of State to the Ambassador in the Soviet Union ( Harriman )

Washington , September 15, 1944—8 p.m.

2212. There have been taken by the forces operating in France under the Supreme Commander of the Allied Expeditionary Force a number of Soviet citizens or nationals possibly including Russians not of Soviet nationality who were found serving in the organization Todt or in other German military or semi-military bodies.

This Government has laid down the following policy with regard to claimants to Allied nationality found among German prisoners of war taken by American forces:

1. So long as they remain in American custody they continue to have the status of German prisoners of war and to enjoy treatment in accordance with the provisions of the Geneva Prisoners of War Convention.⁵⁶

2. Provided that they are able to satisfy appropriate representatives of the Government to which they claim allegiance and provided that these Governments are willing to remove them from the United States or from the custody and responsibility of the American military authorities they may be released to the service of the Government to which they claim allegiance. None of those so released are permitted to remain in American territory. In order to avoid the risk of reprisals against American nationals in enemy hands no persons taken as German prisoners of war have been delivered to Allied Governments against their wills.

In accordance with this policy, which has been made known to the Soviet Embassy in Washington, reDepins 13, December 13, 1943,⁵⁷ representatives of the Embassy have interviewed a number of Soviet citizens found among German prisoners of war held by the United States. Upon the request of the prisoners and of the Soviet Embassy, the prisoners have been released to the Soviet authorities on board ships of Soviet registry for transport to Soviet ports.

Arrangements between American and Allied authorities for the handling of the cases of such persons have been made and continue being made through military channels. The case of the Soviet citizens or Russians captured in France has, however, been taken up by the British authorities with the Soviet authorities through the diplomatic channel. Notes with regard to this matter have been addressed by the British Foreign Office to the Soviet Embassy at London. It has also been the subject of telegraphic instructions addressed by the Foreign Office to its Embassy in Moscow under dates of July 19 and August 19. It is understood that the British Embassy in Moscow has copies of the notes addressed to the Soviet Ambassador in London.⁵⁸

In view of the circumstance that the British Government had taken up this matter with the Soviet Government through the diplomatic channel, the Combined Chiefs of Staff have requested the Department⁵⁹ to approach the Soviet Government with regard to it and have so informed the Supreme Commander, Allied Expeditionary Force.

The Combined Chiefs of Staff have established the following policy with regard to the personnel in question:

1. They will continue for the present to be treated in all respects as prisoners of war in accordance with the Prisoners of War Convention.

2. None of them will be handed over to any Allied authorities except by arrangements between Governments concerned or unless they have been found to be suitable for incorporation in their national forces or for formation into units for labor purposes.

The Combined Chiefs of Staff state that in establishing this policy they have envisaged that Allied authorities may press strongly for the transfer of such persons to them for purposes of trial and punishment and that the purpose of this policy is to avoid risk of reprisals.

You are requested to approach the Soviet Government with a view to ascertaining that Government’s desire regarding the disposition to be made of those of the persons in question who may claim to be Soviet citizens or nationals. You will probably find it advisable before making your approach to the Soviet authorities to consult your British colleague⁶⁰ and to coordinate your efforts with his. The Department realizes that the matter is an extremely delicate one involving as it does: 1. This Government’s treaty rights and obligations with regard to its own nationals in enemy hands and to persons taken by it as enemy prisoners of war, 2. The nationals of an Allied Power some of whom may resist return to the control of that Power and, 3. The possibility of reprisal against American nationals in enemy hands.

In view of these circumstances, the Department naturally expects that you will use your widest discretion in the handling of this matter. The Department would appreciate being kept informed currently of the developments with regard to it and would be especially grateful for an early report of any information you can obtain from your British colleague concerning his experiences with regard to this matter.

Hull

56. The international convention relative to the treatment of prisoners of war, signed at Geneva July 27, 1929, Foreign Relations, 1929, vol. i, p. 336.
57. Not printed.
58. Fedor Tarasovich Gusev.
59. This request was made in a letter to the Secretary of State by Adm. William D. Leahy, Chief of Staff to the Commander in Chief of the Army and Navy, August 28, 1944 (711.62114/8–2844).
60. Sir Archibald Clark Kerr, British Ambassador in the Soviet Union.