740.00119 E.A.C/2–2345
The Acting Secretary of
State to the Ambassador in the United Kingdom
(Winant)
No. 5546
Washington, May 31,
1945.
The Acting Secretary of State refers to the Embassy’s Despatch No. 21233
of February 23, 1945,41 and transmits
herewith suggested amendments to the British proposal as embodied in the
enclosed revised draft of the directive on United Nations Kenegades and
Quislings.42
The revised draft directive has been formally approved by the State, War,
and Navy Departments, with the concurrence of the Joint Chiefs of Staff,
and is submitted to the Ambassador, for his guidance on the European
Advisory Commission.
There is also enclosed a memorandum of May 26, 1945, by the
State-War-Navy Coordinating Committee giving reasons for the amendments
set forth in the revised draft.
[Enclosure 1]
Memorandum by the State-War-Navy Coordinating Committee to the Secretary of State
The State-War-Navy Coordinating Committee has reviewed the British
draft directive on United Nations’ renegades and quislings (EAC
(45)14)43 and is of the opinion that it should be amended as
in the attached revised draft.
The revised draft directive follows generally, but coordinates more
fully, the various provisions of the British draft and amends
certain
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of them. In
particular it removes from the zone commander and transfers to the
authorities of the particular United Nation the main responsibility
for obtaining the evidence that would be required under the law and
judicial procedure of that United Nation which would be interested
in the prosecution of its apprehended nationals for collaboration
with the enemy. Also, as revised, the draft directive permits the
zone commander in his discretion to continue to detain the desired
person, if such person’s continued detention is required by reason
of his being a suspected war criminal or for other reasons, or in
the case of doubt as to disposition, to consult his own
government.
The Joint Chiefs of Staff have advised the Committee that they find
no objections to the revised draft from the military point of
view.
For the State-War-Navy Coordinating Committee:
H. Freeman Matthews
Acting Chairman
[Enclosure 2]
Draft
Directive on United Nations’ Renegades and
Quislings44
- 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 concerned with United Nations’ renegades and
quislings as such. It does not apply to war criminals concerning
whom a separate directive will be issued.
- 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.
- 4.
- You will take all possible steps in your zone to apprehend
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;
-
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
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such list, if you have grounds for suspecting that they
have, following their country’s entry in the war:
- (1)
- voluntarily engaged in activities calculated
to assist the enemy in any way whatsoever;
or
- (2)
- assumed or obtained, enemy nationality and are
not members of communities obliged to accept
German nationality.
- 5.
- 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.
- 7.
- The claim of German nationality will not be a reason for
failing to apprehend the persons concerned, if 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.
- 8.
- 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.
