740.00116 EW (Prosecution)/6–1647: Telegram
The Secretary of State to the Embassy in Italy
932. You slid address communication following sense FonOff:
Allied mil authorities have, for some time past, exercised no responsibility for apprehension and hand-over persons in Ital territory no longer under AMG or otherwise in Allied custody and who are desired for prosecution by foreign govts. It is the view of the US Govt that consideration of requests for apprehension such persons is the responsibility Ital Govt.
You shd further state that it has been the considered policy of this Govt to agree to the surrender of only the following categories of persons under the stated conditions:
- 1.
- Persons enlisted in German armed forces unless it can be shown that their enlistment (in German forces) was involuntary.
- 2.
- Those who have committed atrocious crimes, or war crimes against the Allies.
- 3.
- Those against whom a prima facie case can be made to show that they voluntarily rendered aid and comfort to the enemy.
In each case this Govt has required submission of evidence supporting the substantiality of the presumption of guilt based upon reasonable particularity as to time, place and nature of offenses and perpetrator thereof. A person’s announced resistance to his repatriation or his acceptance of ordinary employment in German industry or agriculture will not of itself be construed as constituting rendition of aid and comfort to the enemy.
You shd inform FonOff that while this Govt fully recognizes sovereign rights of Ital Govt to establish own principles in re this matter, in connection execution Art 45 of Treaty, the US Amb, in exercising responsibilities under para 3 of Art 45, will be under instructions to consider cases in dispute in light of above stated criteria.1
For your info, and for possible reference in connection your discussion problem FonOff, see Geneva’s 266 May 72 now being repeated you.
(Sent Rome as 932; repeated Belgrade as 384.)
- Telegram 54, July 2, to Leghorn, not printed, instructed the U.S. Political Adviser to advise the Supreme Allied Commander, Mediterranean Theater and other authorities that the United States Government considered it desirable to have turned over to Italian authorities all available information regarding alleged war criminals and quislings which might be helpful in consideration by the Italian Government of requests for the apprehension and handover of such persons. Information regarding the whereabouts of persons in whose handover the Department of State had not concurred was not, however, to be passed on to the Italians (740.00116 EW (Prosecution)/6–1647).↩
- Not printed.↩