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J. 333305MONO-State
Galley 372
UNCORRECTED GALLEY PROOF
740.00116EW/1-345
The President to the Secretary of State 1
1
Original not found. The text here printed is from a copy typed in the Depart-
ment of State.
WASHINGTON, January 3, 1945.
MEMORANDUM FOR THE SECRETARY OF STATE
Please send me a brief report on the status of the proceedings before
the War Crimes Commission, and particularly the attitude of the
U. S. representative on offenses to be brought against Hitler and the
chief Nazi war criminals. The charges should include an indietment
for waging aggressive and unprovoked warfare, in violation of the
Kellogg Pact.2 Perhaps these and other charges might be joined in a
2 For the text, see Department of State Treaty Series No. 796, or 46 Stat. 2343.
conspiracy indictment.
F[RANKLIN] D. R[OOSEVELT]
740.00116 EW/1-645
The Secretary of State to the President
SECRET
[WASHINGTON,] January 6, 1945'
MEMORANDUM FOR THE PRESIDENT
Subject: War Crimes Commission
The following is in response to your memorandum of January 3:
Briefly the status of the work of the War Crimes Commission is as
follows-
The Commission has compiled two lists of war criminals, one
German, the other Italian. They contain over seven hundred names,
including Hitler, Goebbels, Goering, Himmler, Streicher, etc. It
has recommended (1) that, generally speaking, the cases should be
tried in the national courts of the countries against which the crimes
have been committed; (2) that a convention be concluded providing
for the establishment of a United Nations court to pass upon such
cases as are referred to it by the Governments; and (3) that pending
the establishment of such a court there be established mixed military
tribunals to function also in addition to the United Nations court
when the latter is established.
The American representative on the Commission has gone along
with these recommendations and thinks, as do all of us, that Hitler
and the chief Nazi war criminals should be included.
The question whether the Nazi leaders and members of the Gestapo,
the SS, etc. could be covered under an indictment, based upon con-
spiracy, which would include charges of criminal intent on the part of
the leaders and members of such organizations, including the launch-
ing of a war of aggression, has been receiving the serious consideration
of this Department, the War and Navy Departments, and more
recently the Attorney General. Judge Rosenman, whose advice is
being sought, is informed of the nature of the proposals, and a meeting
of the interested officials is to be held in his office on Monday. It is
our purpose to come to some common understanding on the matter
and to submit a report to you.
E. R. STETTINIUS, JR.
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"ocrText": "J. 333305MONO-State\nGalley 372\nUNCORRECTED GALLEY PROOF\n740.00116EW/1-345\nThe President to the Secretary of State 1\n1\nOriginal not found. The text here printed is from a copy typed in the Depart-\nment of State.\nWASHINGTON, January 3, 1945.\nMEMORANDUM FOR THE SECRETARY OF STATE\nPlease send me a brief report on the status of the proceedings before\nthe War Crimes Commission, and particularly the attitude of the\nU. S. representative on offenses to be brought against Hitler and the\nchief Nazi war criminals. The charges should include an indietment\nfor waging aggressive and unprovoked warfare, in violation of the\nKellogg Pact.2 Perhaps these and other charges might be joined in a\n2 For the text, see Department of State Treaty Series No. 796, or 46 Stat. 2343.\nconspiracy indictment.\nF[RANKLIN] D. R[OOSEVELT]\n740.00116 EW/1-645\nThe Secretary of State to the President\nSECRET\n[WASHINGTON,] January 6, 1945'\nMEMORANDUM FOR THE PRESIDENT\nSubject: War Crimes Commission\nThe following is in response to your memorandum of January 3:\nBriefly the status of the work of the War Crimes Commission is as\nfollows-\nThe Commission has compiled two lists of war criminals, one\nGerman, the other Italian. They contain over seven hundred names,\nincluding Hitler, Goebbels, Goering, Himmler, Streicher, etc. It\nhas recommended (1) that, generally speaking, the cases should be\ntried in the national courts of the countries against which the crimes\nhave been committed; (2) that a convention be concluded providing\nfor the establishment of a United Nations court to pass upon such\ncases as are referred to it by the Governments; and (3) that pending\nthe establishment of such a court there be established mixed military\ntribunals to function also in addition to the United Nations court\nwhen the latter is established.\nThe American representative on the Commission has gone along\nwith these recommendations and thinks, as do all of us, that Hitler\nand the chief Nazi war criminals should be included.\nThe question whether the Nazi leaders and members of the Gestapo,\nthe SS, etc. could be covered under an indictment, based upon con-\nspiracy, which would include charges of criminal intent on the part of\nthe leaders and members of such organizations, including the launch-\ning of a war of aggression, has been receiving the serious consideration\nof this Department, the War and Navy Departments, and more\nrecently the Attorney General. Judge Rosenman, whose advice is\nbeing sought, is informed of the nature of the proposals, and a meeting\nof the interested officials is to be held in his office on Monday. It is\nour purpose to come to some common understanding on the matter\nand to submit a report to you.\nE. R. STETTINIUS, JR."
}