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June 7, 1945
IMMEDIATE
RELEASE
The President has received the following report from Mr. Justice Robert H.
Jackson, Chief of Counsel for the United States in the prosecution of Axis War
Criminals:
My dear Mr. President:
I have the honor to report accomplishments during the month since you named
me as Chief of Counsel for the United States in prosecuting the principal Axis War
Criminals, In Brief, I have selected staffs from the several services, departments
and agencies concerned; worked out a plan for preparation, briefing, and trial of
the cases; allocated the work among the several agencies; instructed those engaged
in collecting or processing evidence; visited the European Theater to expedite the
examination of captured documents, and the\interrogation of witnesses and prisoners;
coordinated our preparation of the main case with preparation by Judge Advocates of
many cases not included in my responsibilities; and arranged cooperation and mutual
assistance with the United Nations War Crimes Commission and with Counsel appointed
to represent the United Kingdom in the joint prosecution.
I.
The responsibilities you have conferred on me extend only to "the case of major
criminals whose offenses have no particular geographical localization and who will
be punished by joint decision of the governments of the Allies," as provided in the
Moscow Declaration of November 1, 1943, by President Roosevelt, Prime Minister
Churchill and Premier Stalin. It does not include localized cases of any kind.
Accordingly. in visiting the European Theater, I attempted to establish standards
to segregate from our case against the principal offenders, cases against many
other offenders and to expedite their trial, These cases fall into three principal
classes:
1. The first class comprises offenses against military personnel of the United
States-such, for example, as the killing of American airmen who crash-landed, and
other Americans who become prisoners of war. In order to insure effective military
operation, the field forces from time immemorial have dealt with such offenses on
the spot. Authorization of this prompt procedure, however, had been withdrawn be-
cause of the fear of stimulating retaliation through execution of captured Americans
on trumped-up charges. The surrender of Germany and liberation of our prisoners
has ended that danger. The morale and safety of our own troops and effective gov-
ernment of the control area seemed to require prompt resumption of summary dealing
with this type of case. Such proceedings are likely to disclose evidence helpful
to the case against the major criminals and will not prejudice it in view of the
measures I have suggested to preserve evidence and to prevent premature execution
of those who are potential defendants or witnesses in the major case.
I flew to Paris and Frankfort and conferred with Generals Eisenhower, Smith,
Cly, and Betts, among others, and arranged to have a representative on hand to
clear questions of conflict in any particular case. We also arranged an exchange
of evidence between my staff and the Theater Judge Advocate's staff. The officials
of other countries were most anxious to help. For example, the french brought to
General Donovan and me in Paris evidence that civilians in Germany had beaten to
death with wrenches three American airmen. They had obtained from the German Bur-
gemeister identification of the killers, had taken them into custody, and offered
to deliver them to our forces. Cases such as this are not infrequent. Under the
arrangements perfected, the military authorities are enabled to move in cases of
this class without delay. Some are already under way; some by now have been tried
and verdicts rendered. Some concentration camp cases are also soon to go on trial.
2. A second class of offenders, the prosecution of which will not interfere
with the major case, consists of those who, under the Moscow Declaration, are to
be sent back to the scene of their crimes for trial by local authorities. These
comprise localized offenses or atrocities against persons or property, usually of
civilians of countries formerly occupied by Germany. The part of the United States
in these cases consists of the identification of offenders and the surrender on
demand of those who are within our control.
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"ocrText": "June 7, 1945\nIMMEDIATE\nRELEASE\nThe President has received the following report from Mr. Justice Robert H.\nJackson, Chief of Counsel for the United States in the prosecution of Axis War\nCriminals:\nMy dear Mr. President:\nI have the honor to report accomplishments during the month since you named\nme as Chief of Counsel for the United States in prosecuting the principal Axis War\nCriminals, In Brief, I have selected staffs from the several services, departments\nand agencies concerned; worked out a plan for preparation, briefing, and trial of\nthe cases; allocated the work among the several agencies; instructed those engaged\nin collecting or processing evidence; visited the European Theater to expedite the\nexamination of captured documents, and the\\interrogation of witnesses and prisoners;\ncoordinated our preparation of the main case with preparation by Judge Advocates of\nmany cases not included in my responsibilities; and arranged cooperation and mutual\nassistance with the United Nations War Crimes Commission and with Counsel appointed\nto represent the United Kingdom in the joint prosecution.\nI.\nThe responsibilities you have conferred on me extend only to \"the case of major\ncriminals whose offenses have no particular geographical localization and who will\nbe punished by joint decision of the governments of the Allies,\" as provided in the\nMoscow Declaration of November 1, 1943, by President Roosevelt, Prime Minister\nChurchill and Premier Stalin. It does not include localized cases of any kind.\nAccordingly. in visiting the European Theater, I attempted to establish standards\nto segregate from our case against the principal offenders, cases against many\nother offenders and to expedite their trial, These cases fall into three principal\nclasses:\n1. The first class comprises offenses against military personnel of the United\nStates-such, for example, as the killing of American airmen who crash-landed, and\nother Americans who become prisoners of war. In order to insure effective military\noperation, the field forces from time immemorial have dealt with such offenses on\nthe spot. Authorization of this prompt procedure, however, had been withdrawn be-\ncause of the fear of stimulating retaliation through execution of captured Americans\non trumped-up charges. The surrender of Germany and liberation of our prisoners\nhas ended that danger. The morale and safety of our own troops and effective gov-\nernment of the control area seemed to require prompt resumption of summary dealing\nwith this type of case. Such proceedings are likely to disclose evidence helpful\nto the case against the major criminals and will not prejudice it in view of the\nmeasures I have suggested to preserve evidence and to prevent premature execution\nof those who are potential defendants or witnesses in the major case.\nI flew to Paris and Frankfort and conferred with Generals Eisenhower, Smith,\nCly, and Betts, among others, and arranged to have a representative on hand to\nclear questions of conflict in any particular case. We also arranged an exchange\nof evidence between my staff and the Theater Judge Advocate's staff. The officials\nof other countries were most anxious to help. For example, the french brought to\nGeneral Donovan and me in Paris evidence that civilians in Germany had beaten to\ndeath with wrenches three American airmen. They had obtained from the German Bur-\ngemeister identification of the killers, had taken them into custody, and offered\nto deliver them to our forces. Cases such as this are not infrequent. Under the\narrangements perfected, the military authorities are enabled to move in cases of\nthis class without delay. Some are already under way; some by now have been tried\nand verdicts rendered. Some concentration camp cases are also soon to go on trial.\n2. A second class of offenders, the prosecution of which will not interfere\nwith the major case, consists of those who, under the Moscow Declaration, are to\nbe sent back to the scene of their crimes for trial by local authorities. These\ncomprise localized offenses or atrocities against persons or property, usually of\ncivilians of countries formerly occupied by Germany. The part of the United States\nin these cases consists of the identification of offenders and the surrender on\ndemand of those who are within our control.\nMORE"
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