740.00116 EW/l–645
The Secretary of State to the President
Memorandum for the President
Subject: War Crimes Commission
The following is in response to your memorandum of January 3: Briefly the status of the work of the War Crimes Commission is as follows—
The Commission has compiled two lists of war criminals, one German, the other Italian. They contain over seven hundred names, including Hitler, Goebbels, Goering, Himmler, Streicher, etc. It has recommended (1) that, generally speaking, the cases should be tried in the national courts of the countries against which the crimes have been committed; (2) that a convention be concluded providing for the establishment of a United Nations court to pass upon such cases as are referred to it by the Governments; and (3) that pending the establishment of such a court there be established mixed military tribunals to function also in addition to the United Nations court when the latter is established.
The American representative on the Commission has gone along with these recommendations and thinks, as do all of us, that Hitler and the chief Nazi war criminals should be included.
The question whether the Nazi leaders and members of the Gestapo, the SS, etc. could be covered under an indictment, based upon conspiracy, which would include charges of criminal intent on the part of the leaders and members of such organizations, including the launching [Page 402] of a war of aggression, has been receiving the serious consideration of this Department, the War and Navy Departments, and more recently the Attorney General. Judge Rosenman, whose advice is being sought, is informed of the nature of the proposals, and a meeting of the interested officials is to be held in his office on Monday. It is our purpose to come to some common understanding on the matter and to submit a report to you.