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The United Nations War Crimes Commission is especially concerned with cases
of this kind. It represents many of the United Nations, with the exception of
Russia. It has been usefully engaged as a body with which the aggrieved of all
the United Nations have recorded their accusations and evidence. Lord Wright, re-
presenting Australia, is the Chairman of this Commission, and Lieutenant Colonel
Joseph V. Hodgson is the United States representative.
In London, I conferred with Lord Wright and Colonel Hodgson in an effort to
coordinate our work with that of the Commission wherever there might be danger of
conflict or duplication. There was no difficulty in arriving at an understanding
for mutual exchange of information. We undertook to respond to requests for® any
evidence in our possession against those listed with the Commission as criminals
and to cooperate with each of the United Nations in efforts to bring this class
of offenders to justice.
Requests for the surrender of persons held by American forces may present
diplomatic or political problems which are not my responsibility. But so far as
my work is concerned, I advised the Commission, as well as the appropriate Ameri-
can authorities, that there is no objection to the surrender of any person except
on grounds that we want him as a defendant or as a witness in the major case.
3. In a third class of cases, each country, of course, is free to prose-
cute treason charges in its own tribunals and under its own laws against its own
traitorous nationals--Quislings, Lavals, "Lord Haw-Haws," and the like.
The consequence of these arrangements is that preparations for the prosecu-
tion of major war criminals will not impede prosecution of other offenders. In
these latter cases, however, the number of known offenses is likely to exceed
greatly the number of prosecutions, because witnesses are rarely able satisfactor-
ily to identify particular soldiers in uniform whose acts they have witnessed.
This difficulty of adequately identifying individual perpetrators of atrecities
and crimes makes it the more important that we proceed against the top officials
and organizations responsible for originating the criminal policies, for only by
so doing can there be just retribution for many of the most brutal acts.
II.
Over a month ago the United States proposed to the United Kingdom, Soviet
Russia and France a specific plan, in writing, that these four powers join in a
protocol establishing an International Military Tribunal, defining the jurisdic-
tion and powers of the tribunal, naming the categories of acts declared to be
crimes, and describing those individuals and organizations to be placed on trial.
Negotiation of such an agreement between the four powers is not yet completed.
In view of the immensity of our task, it did not seem wise to await con-
summation of international arrangements before proceeding with preparation of the
American case. Accordingly, I went to Paris, to American Army Headquarters at
Frankfort and Wiesbaden, and to London, for the purpose of assembling, organizing,
and instructing personnel from the existing services and agencies and getting the
different organizations coordinated and at work on the evidence. I uniformly met
with eager cooperation.
The custody and treatment of war criminals and suspects appeared to require
immediate attention. I asked the War Department to deny those prisoners who are
suspected war criminals the privileges which would appertain to their rank if
they were merely prisoners of war; to assemble them at convenient and secure lo-
cations for interrogation by our staff; to deny them access to the press; and to
hold them in the close confinement ordinarily given suspected criminals. The War
Department has been subjected to some criticism from the press for these measures,
for which it is fair that I should acknowledge responsibility. The most elemen-
tary considerations for insuring a fair trial and for the success of our case sug-
gest the imprudence of permitting these prisoners to be interviewed indiscriminate-
ly or to use the facilities of the press to convey information to each other and
to criminals yet uncaptured. Our choice is between treating them as honorable
prisoners of war with the privileges of their ranks, or to classify them as war
criminals, in which case they should be treated as such. I have assurances from
the War Department that those likely to be accused as war criminals will be kept
in close confinement and stern control.
-2-
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"ocrText": "The United Nations War Crimes Commission is especially concerned with cases\nof this kind. It represents many of the United Nations, with the exception of\nRussia. It has been usefully engaged as a body with which the aggrieved of all\nthe United Nations have recorded their accusations and evidence. Lord Wright, re-\npresenting Australia, is the Chairman of this Commission, and Lieutenant Colonel\nJoseph V. Hodgson is the United States representative.\nIn London, I conferred with Lord Wright and Colonel Hodgson in an effort to\ncoordinate our work with that of the Commission wherever there might be danger of\nconflict or duplication. There was no difficulty in arriving at an understanding\nfor mutual exchange of information. We undertook to respond to requests for® any\nevidence in our possession against those listed with the Commission as criminals\nand to cooperate with each of the United Nations in efforts to bring this class\nof offenders to justice.\nRequests for the surrender of persons held by American forces may present\ndiplomatic or political problems which are not my responsibility. But so far as\nmy work is concerned, I advised the Commission, as well as the appropriate Ameri-\ncan authorities, that there is no objection to the surrender of any person except\non grounds that we want him as a defendant or as a witness in the major case.\n3. In a third class of cases, each country, of course, is free to prose-\ncute treason charges in its own tribunals and under its own laws against its own\ntraitorous nationals--Quislings, Lavals, \"Lord Haw-Haws,\" and the like.\nThe consequence of these arrangements is that preparations for the prosecu-\ntion of major war criminals will not impede prosecution of other offenders. In\nthese latter cases, however, the number of known offenses is likely to exceed\ngreatly the number of prosecutions, because witnesses are rarely able satisfactor-\nily to identify particular soldiers in uniform whose acts they have witnessed.\nThis difficulty of adequately identifying individual perpetrators of atrecities\nand crimes makes it the more important that we proceed against the top officials\nand organizations responsible for originating the criminal policies, for only by\nso doing can there be just retribution for many of the most brutal acts.\nII.\nOver a month ago the United States proposed to the United Kingdom, Soviet\nRussia and France a specific plan, in writing, that these four powers join in a\nprotocol establishing an International Military Tribunal, defining the jurisdic-\ntion and powers of the tribunal, naming the categories of acts declared to be\ncrimes, and describing those individuals and organizations to be placed on trial.\nNegotiation of such an agreement between the four powers is not yet completed.\nIn view of the immensity of our task, it did not seem wise to await con-\nsummation of international arrangements before proceeding with preparation of the\nAmerican case. Accordingly, I went to Paris, to American Army Headquarters at\nFrankfort and Wiesbaden, and to London, for the purpose of assembling, organizing,\nand instructing personnel from the existing services and agencies and getting the\ndifferent organizations coordinated and at work on the evidence. I uniformly met\nwith eager cooperation.\nThe custody and treatment of war criminals and suspects appeared to require\nimmediate attention. I asked the War Department to deny those prisoners who are\nsuspected war criminals the privileges which would appertain to their rank if\nthey were merely prisoners of war; to assemble them at convenient and secure lo-\ncations for interrogation by our staff; to deny them access to the press; and to\nhold them in the close confinement ordinarily given suspected criminals. The War\nDepartment has been subjected to some criticism from the press for these measures,\nfor which it is fair that I should acknowledge responsibility. The most elemen-\ntary considerations for insuring a fair trial and for the success of our case sug-\ngest the imprudence of permitting these prisoners to be interviewed indiscriminate-\nly or to use the facilities of the press to convey information to each other and\nto criminals yet uncaptured. Our choice is between treating them as honorable\nprisoners of war with the privileges of their ranks, or to classify them as war\ncriminals, in which case they should be treated as such. I have assurances from\nthe War Department that those likely to be accused as war criminals will be kept\nin close confinement and stern control.\n-2-\nMORE"
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