740.00116 EW/1–1547: Telegram

The Secretary of State to the Office of the United States Political Adviser for Germany, at Berlin


213. Deptel 2075 to Berlin, Oct 10, 1946, Berlin’s tel 140, Jan 15.1 Following statement Dept policy re Yugo requests for surrender alleged war criminals or collaborators of any nationality transmitted for your information and guidance in cases referred to you by military authorities:

Where Yugos request surrender as war criminals of persons of any nationality whom US authorities wish to try for offenses subject to jurisdiction of US military tribunals you should advise against surrender, notifying Dept.
Requests for surrender Yugo nationals as collaborators will be referred to Dept and carefully screened by it, and no persons surrendered who appear wanted for primarily political reasons.
Surrender of requested war criminals of any nationality who will not be tried in US tribunals, or collaborators guilty of serious offenses, not wanted primarily political reasons, will be recommended on basis Dept’s decision each case based on following principles: In cases of alleged war criminals of any nationality delivery will not be recommended where persons in question are not listed by United Nations War Crimes Commission, unless clear statement charge and satisfactory evidence is presented American authorities. Listing by UNWCC should not, however, be in itself sufficient basis for surrender. Surrender of persons listed by UNWCC merely as suspects rather than as accused will not be recommended in absence clear statement of charge and satisfactory evidence. In cases persons not listed by UNWCC, Dept will contact office US rep. UNWCC, London to ascertain whether Commission has refused listing.
In no case will Dept agree to surrender unless request accompanied by clear statement of law violated, acts charged as violation, and evidence affording reasonable support to charge.

Sent Vienna as 69; Rome as 112; repeated to Belgrade as 43.

G. C. Marshall
  1. Neither printed.