The Assistant Secretary of War (McCloy) to the Secretary of State
Dear Mr. Secretary[:] I send you herewith a copy of our minutes of the conference held in your office yesterday evening on war crimes.
- i. e., 9 p.m.↩
- See Report of Robert H. Jackson, United States Representative to the International Conference on Military Trials, London, 1945 (Washington, Government Printing Office, 1949; Department of State publication No. 3080).↩
i, document No. 395, annex 3.↩
Circulated to the European Advisory Commission in February 1945, at the request of the British Representative on that Commission. On May 26 the State–War–Navy Coordinating Committee recommended certain changes in the EAC draft. The following consolidated text shows the original EAC draft together with the changes recommended by SWNCC, recommended deletions being indicated by canceled type, recommended additions by italics:
Draft Directive on United Nations’ Renegades and Quislings
- 1. This directive is issued to you as commander in chief of the U. S. (U. K.) (U. S. S. R.) (French) forces of occupation. As a member of the Control Council, you will urge the adoption by the other occupying powers of the principles and policies set forth in this directive and pending Control Council agreement, you will follow them in your zone.
- 2. This directive is limited to concerned with United Nations’ renegades and quislings as such. and It does not apply to war criminals on which concerning whom a separate directive will be issued.
- 2. 3. Appropriate measures must be taken against persons of United Nations’ nationality who have assisted or collaborated with the enemy. You will require the German authorities to give whatever assistance may be necessary to this end in all such ways as you may specify.
- 3. 4. You will be furnished by each United Nations’ Government with a list of their nationals whose apprehension is desired. You will take all possible steps in your zone to apprehend the persons named is such lists and you will hand them over to the appropriate authority of the United Nations’ Government concerned as arranged with that Government. In the event of any Government being unable for any reason to accept delivery, you should nevertheless apprehend and detain any such persons if you consider such action desirable for security reasons. those persons:
- a. Whose names are contained on lists furnished to you by any of the United Nations showing their nationals whose apprehension is desired, when accompanied by a specification of the offense with which the individual is charged;
- 4. You should also apprehend any persons of United Nations’ nationality
- b. Whom you have reason to
believe are of the nationality of any one of the
United Nations and whose names do not appear
on any such list, if you have grounds for suspecting
that they come
have, following their country’s
entry in the war:
- (i) persons who have been prominently engaged during the war in conducting propaganda on behalf of the enemy;
- (ii) (1) persons, whether prisoners of war or not, who, during the war, have voluntarily engaged in activities calculated to assist the enemy’s operations; enemy in any way whatsoever; or
- (iii) (2) persons who have applied for and assumed or obtained, enemy nationality during the other than and are not members of communities who have been obliged to accept German nationality.
- 5. Those whom you do not consider it necessary to detain on grounds of military security, you will, if you think fit, hold for such reasonable time as will enable the appropriate national authorities to be notified and, if they so desire, to interrogate the suspects. Upon the apprehension of any such persons you will notify the respective United Nations’ Governments of such apprehension. You will hold such persons pending decision by the respective governments as to their disposition and upon request you will hand them over to the appropriate authorities of the United Nations’ Governments concerned, unless they are required to be detained as war criminals or for other reasons. If, in the light of conditions which you encounter, you believe that certain persons within these categories, other than war criminals, should not be subjected immediately to this treatment, you may postpone action reporting to your government the facts and giving your recommendations and the reasons therefor.
- 6. In the event of any Government being unable for any reason to accept delivery of any persons referred to in paragraph 4, you will nevertheless apprehend and detain such persons if you consider such action desirable for security or other reasons.
- 6. 7. The possession claim of German nationality, in addition to the nationality of a United Nation, will not be a reason for failing to apprehend the persons concerned, if he is on one of the lists referred to in paragraph 3 above or comes under included within any of the categories of persons described in paragraph 4. It will be for the authorities of the appropriate United Nation to consider how far the possession of German nationality merely mitigates his offence or affords a defence in law to a charge of treason.
- 7. 8. With a view to the prosecution of persons apprehended, it is important that all relevant evidence should be collected and, further, that both the evidence itself, the manner in which it is made available and the form in which it is presented shall conform to the requirements of the law and judicial procedure of the country in which it is to be used. Special arrangements to this end will be made with you by the various national authorities and you will take all possible steps to procure evidence of the kind, and in the manner and form required. In the event that information and physical evidence is immediately available, you will obtain and preserve the same for delivery to the authorities of the appropriate United Nation and will afford assistance to such authorities in their collection of evidence. You will cause the German authorities to afford you or the authorities of the appropriate United Nation the fullest assistance and all necessary facilities for this purpose, including the inspection of any books, documents, records, or archives, the provision of documentary evidence for use in court and of witnesses in a position to give oral evidence.
i, document No. 395 annex 3.↩
- See footnote 6, ante.↩