871.00/12–2144: Telegram
The American Representative in Rumania (Berry) to the Secretary of State
[Received 8:15 p.m.]
69. Re my telegram 66, December 18, 3 p.m. Further details regarding Government’s plan to try war criminals and those considered responsible for Rumania’s entry into the war on the side of Germany have been given me by the confidential aide of General Radescu.
He stated the legal basis for these trials will be derived from the old constitution which was suspended in February 1938 and restored on August 23, 1944.
The trials will be premised upon the fact that all acts of the Government between the aforementioned dates are illegal.
Government plan is to organize a state tribunal from the members of the Court of Cassation which generally did not pass on decrees during the period of suspension of the constitution.
In preparing its list of Rumanian war criminals, Government has inquired informally whether there are Rumanians now within the country the American Government may consider as active agents of the Axis war collaborators for the purpose of adding the names of such persons to the Rumanian list. If Department has names of such persons and cares to present them an early reply would be appreciated.95
- In telegram 49, February 2, 1945, 4 p.m., the Department replied that it did not then have any names for submission to the Rumanian Government.↩