Foreign Relations of the United States: Diplomatic Papers, 1945, European Advisory Commission, Austria, Germany, Volume III

740.00119 EAC/2–545

The Secretary of State to the Ambassador in the United Kingdom (Winant)

No. 5087

Washington, February 9, 1945.

The Secretary of State refers to the draft directive on “United Nations Prisoners of War”⁹⁷ prepared by the American delegation to the European Advisory Commission and encloses a redraft of this directive as a general statement of policy on the subject for presentation to the European Advisory Commission.

There is likewise transmitted with this instruction a copy of a memorandum of February 5, 1945 communicating the approval of the State, War and Navy Departments of this redraft and making certain comment thereon.

[Enclosure]

Memorandum by the Chairman of the State-War-Navy Coordinating Committee (Dunn) to the Secretary of State

Washington, February 5, 1945.

The State-War-Navy Coordinating Committee has reviewed the United States draft directive on “United Nations Prisoners of War in Germany” prepared by the United States Adviser, European Advisory Commission. They have approved the appended redraft (enclosure #1) of this directive as a general statement of policy on the subject.

The State-War-Navy Coordinating Committee recommends that this redraft be transmitted to the United States representative on the European Advisory Commission for his guidance.

The Coordinating Committee invites the attention of the Secretary of State to the cable to the American Ambassador in London (10371—12 December 1944)⁹⁸ a copy of which is attached as enclosure #2. In accordance with the policy set forth in this cable, the Coordinating Committee has approved a statement of policy on the subject of United Nations Prisoners of War which differs from the somewhat detailed directive submitted by the United States Adviser, European Advisory Commission, in that it contains only general policy provisions of the type on which agreement should be reached in the European Advisory Commission negotiations. It has been phrased in a form applicable for inclusion as a section or part of a broad general directive, or appendix thereto, dealing with the initial governing of Germany.

The Coordinating Committee has given consideration to the possibility of including in this statement of policy (enclosure #1), provisions covering the treatment of internees as suggested in recent cables from the American Ambassador in London. The reason for this suggestion was not stated by the Ambassador and was not apparent to the Coordinating Committee. Internees in enemy custody will not normally be found in prison camps where prisoners of war are also placed. Upon release from detention, they will not, as will prisoners of war, be a part of the armed forces or merchant marine of their nations. Their treatment and disposition would ordinarily differ from that to be afforded to prisoners of war. The Coordinating Committee, however, will be prepared to re-examine this question upon receipt of information as to the reasons supporting the Ambassador’s suggestion.

The Joint Chiefs of Staff have advised the Secretary of War and the Secretary of the Navy that they have considered the proposed statement of policy on United Nations Prisoners of War submitted to them by the State-War-Navy Coordinating Committee, and that they perceive no objection, from the military point of view.

This advice on the part of the Joint Chiefs of Staff was given prior to the enlarging of the definition of United Nations Prisoners of War to include certain members of the armed forces of ex-enemy countries. However, the Combined Chiefs of Staff have approved the policy in substantially the same form with respect to Italy.

James Clement Dunn

[Subenclosure]

United Nations Prisoners of War⁹⁹

(Reference J.C.S. Memo No. 336)¹

1. The term “United Nations prisoners of war” as used in this directive includes all personnel held in German custody,

(a) who are or have been members of, or persons accompanying or serving with the armed forces or merchant marine of any of the United Nations or

(b) who as members of the armed forces of ex-enemy countries have been captured by the Germans while engaged in serving the cause of the United Nations and who, under the rules and customs of war, should be treated as prisoners of war even though not recognized as such by Germany. The term does not include the nationals of any country who are interned in Germany, but who are not included in the group covered by the preceding sentence: further, such term does not include personnel who, although formerly held in German custody as prisoners of war, have accepted release from that status in exchange for employment in Germany. Persons in the latter classes, after appropriate identification, should be dealt with as displaced persons.

2. The transfer into the control of their respective national authorities of United Nations prisoners of war, and their repatriation, will be treated as a matter of urgency second only to military operations and to maintenance of the forces of occupation in Germany and will receive priority above that of displaced persons, refugees and internees. In determining the order of such transfer and subsequent disposition of such prisoners, the following factors will be taken into account as important considerations, giving due regard to the need for equality of treatment regardless of nationality or branch of military service:

a. Military operations throughout the world and maintenance of forces of occupation.

b. Requirements of any United Nations for personnel having special qualifications for its war effort elsewhere.

c. Integration with over-all transportation requirements.

d. Availability of adequate subsistence and accomodation for repatriated or transferred prisoners of war at destination.

3. The Control Council will coordinate policies with respect to United Nations prisoners of war.

4. In your zone you will free from confinement all United Nations prisoners of war in German custody, assume command of them, and order them to stand fast pending arrangements for their subsequent disposition.

5. The German authorities will be held responsible for the safety and well being of all United Nations prisoners of war. You will require the German authorities to maintain the essential administrative supply and other services for all United Nations prisoners of war, including the provision of adequate food, shelter, clothing and medical care, until such prisoners are evacuated or until otherwise directed by you. It will, however, be your responsibility to see that proper care and maintenance are, in fact, accorded United Nations prisoners of war by the appropriate German authorities, and to supply any deficiencies therein arising out of the failure of the German authorities to make adequate provision therefor. You will, as soon as practicable, place an officer in command of each prisoner of war camp in your zone. Pending such action, you will direct the German authorities to hand over each camp together with its stores, records, arms and ammunition to the command of the local United Nations Camp Leader, senior officer or other designated representative of the United Nations prisoners of war.

6. You will render all possible aid to such prisoners of war, consistent with the means at hand, to the end that their safety, health and well-being will be protected from adverse conditions which may exist in Germany and that the conditions under which they live will be as comfortable as practicable under the circumstances.

7. You will accord liaison on prisoner of war matters to representatives of each of the other two Allied Powers accredited therefor by their respective Commander-in-Chief, and to representatives of any United Nation accredited therefor by the Control Council or other competent authority. You will arrange for such representatives to have access to prisoners of war who are nationals of their countries, and you will wherever practicable permit them to utilize the facilities of their governments for purposes of relief, transfer and repatriation.

97. Not printed.
98. For text of telegram 10371, December 12, 1944, to London, see Foreign Relations, 1944, vol. i, p. 418.
99. Circulated in the European Advisory Commission as United States Draft Directive No. 17, designated E.A.C. (45) 31, dated April 14, 1945.
1. Same as the revised draft directive on United Nations’ prisoners of war prepared by the U.S. Delegation to the E.A.C. and transmitted to the Department as enclosure to despatch 18790, October 23, 1944, from London, neither printed.