711.62114/10–744: Telegram
The United States Political Adviser on the Staff of The Supreme Allied Commander, Mediterranean Theater (Kirk), to the Secretary of State
[Received October 7—9:32 p.m.]
670. Re my 411, September 16, 9 a.m. Macmillan’s office has informed us that information has been received from British Foreign Office stating that despite terms of Geneva Convention it is not possible for a soldier captured by his own forces while he is serving (willingly or unwillingly) with enemy forces to claim protection of Convention vis-à-vis his own Government. Foreign Office added that if such a man is captured by an Allied Force, the Allied Government has a right to deliver him unconditionally to his own Government without being held responsible for violation of Convention. Foreign Office stated that in any event, Moscow Government has requested the men to be sent back to Soviet Union for furtherance of war effort or for further service with Red Army and since these men will no longer be treated as prisoners, the Geneva Convention will no longer apply.
Sent Department, repeated Moscow as 38.