740.00116 E.W./5–2645

The Acting Secretary of State to the Ambassador in the Soviet Union (Harriman)81

1252. Deptel 1157, May 26.82 Please address communication to Fon-Off along following lines.

This Govt is advised that Brit Govt has designated Sir David Maxwell Fyfe, Attorney General, to join with Justice Jackson and French and Soviet representatives in preparing and prosecuting charges against certain war criminals. It is also informed that French Govt will make similar appointment shortly. Except for fact that Brit and French Govts have indicated that they accept in principle the US proposals submitted by Judge Rosenman to Brit, French and Soviet representatives in San Francisco, agreement on terms of draft protocol to govern trials has not yet been reached between the four Govts, as it particularly concerns conduct of trials.83 The US Govt therefore suggests that the Soviet Govt immediately appoint a prosecutor to meet with Justice Jackson and Sir David Maxwell Fyfe and any prosecutor French Govt may name at earliest possible date, together with any other representative whom Soviet Govt may desire to appoint to complete negotiations on draft protocol. It is suggested that such meeting take place in London. US Govt understands that an invitation for such meeting from the Brit Govt84 will be issued at once if acceptable to the French and Soviet Govts.

Grew
  1. A similar instruction was sent to Paris on the same day as telegram 2605.
  2. Not printed. It stated that Justice Jackson would remain as United States representative and chief of counsel and informed Ambassador Harriman that consideration was being given to having the negotiations take place in London rather than in Washington (740.00116 EW/5–2445). This conference of representatives of the United States, the United Kingdom, France, and the Soviet Union, to chart a common course of action regarding the trial of major war criminals of the European Axis, met in London June 26 to August 8, 1945.
  3. For the American position on the conduct of the trials and related matter, see the “Report to the President by Mr. Justice Jackson, June 6, 1945” in the Report of Justice Jackson, pp. 42–54.
  4. This suggestion was contained in an aide-mémoire from the British Embassy to the Department of State, June 3, ibid., p. 41.