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J. 333305MONO-State
Galley 374
UNCORRECTED GALLEY PROOF
I. THE Moscow DECLARATION
In the Moscow Declaration (Tab D) the United Kingdom, the
United States, and the Soviet Union took note of the atrocities per-
petrated by the Germans and laid down the policy: (1) that those
German officers and men who have been responsible for or have taken
a consenting part in these atrocities "will be sent back to the coun-
tries in which their abominable deeds were done in order that they
may be judged and punished according to the laws of these liberated
countries and of the free governments which will be created therein":
and (2) that the above declaration "is without prejudice to the case
of the major criminals, whose offenses have no particular geographical
localization and who will be punished by the joint decision of the
Governments of the Allies."
II. UNITED NATIONS WAR CRIMES COMMISSION
The United Nations War Crimes Commission is located in London,
and consists of representatives of some fifteen of the United Nations.
The Soviet Government is not a member.
This Commission has been charged with the collection of lists of the
criminals referred to, the recording of the available supporting proof,
and the making of recommendations as to the tribunals to try and the
procedure for trying such criminals. The Commission has no investi-
gative or prosecuting authority or personnel. It has no authority to
try offenders of any kind.
The War Crimes Commission receives its lists of war criminals from
the investigating authorities, if any, set up by the respective United
Nations. The first unofficial meeting of the Commission was held in
London on October 26, 1943, and the first official meeting was held
there on January 18, 1944. Up to this time, the cases of approxi-
mately 1,000 offenders have been docketed with the Commission.
The labors of the Commission have not resulted in any governmental
agreement as to the tribunals to try or the procedures for trying war
criminals.
The Commission has been widely and publicly criticized for the
paucity of the results of its work. In recent months its activities have
been marked by dissensions. The British representative, who was
also Chairman of the Commission, and the Norwegian member, have
resigned.
III. SCOPE AND DIMENSIONS OF THE WAR CRIMES PROBLEM
The crimes to be punished. The criminality of the German leaders
and their associates does not consist solely of individual outrages, but
represents the result of a systematic and planned reign of terror within
Germany, in the satellite Axis countries, and in the occupied countries
of Europe. This conduct goes back at least as far as 1933, when Hitler
was first appointed Chancellor of the Reich. It has been marked by
mass murders, imprisonments, expulsions and deportations of popula-
tions; the starvation, torture and inhuman treatment of civilians; the
wholesale looting of public and private property on a scale unparalleled
in history; and, after initiation of "total" war, its prosecution with
utter and ruthless disregard for the laws and customs of war.
We are satisfied that these atrocities were perpetrated in pursuance
of a premeditated criminal plan or enterprise which either contemplated
or necessarily involved their commission.
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"ocrText": "J. 333305MONO-State\nGalley 374\nUNCORRECTED GALLEY PROOF\nI. THE Moscow DECLARATION\nIn the Moscow Declaration (Tab D) the United Kingdom, the\nUnited States, and the Soviet Union took note of the atrocities per-\npetrated by the Germans and laid down the policy: (1) that those\nGerman officers and men who have been responsible for or have taken\na consenting part in these atrocities \"will be sent back to the coun-\ntries in which their abominable deeds were done in order that they\nmay be judged and punished according to the laws of these liberated\ncountries and of the free governments which will be created therein\":\nand (2) that the above declaration \"is without prejudice to the case\nof the major criminals, whose offenses have no particular geographical\nlocalization and who will be punished by the joint decision of the\nGovernments of the Allies.\"\nII. UNITED NATIONS WAR CRIMES COMMISSION\nThe United Nations War Crimes Commission is located in London,\nand consists of representatives of some fifteen of the United Nations.\nThe Soviet Government is not a member.\nThis Commission has been charged with the collection of lists of the\ncriminals referred to, the recording of the available supporting proof,\nand the making of recommendations as to the tribunals to try and the\nprocedure for trying such criminals. The Commission has no investi-\ngative or prosecuting authority or personnel. It has no authority to\ntry offenders of any kind.\nThe War Crimes Commission receives its lists of war criminals from\nthe investigating authorities, if any, set up by the respective United\nNations. The first unofficial meeting of the Commission was held in\nLondon on October 26, 1943, and the first official meeting was held\nthere on January 18, 1944. Up to this time, the cases of approxi-\nmately 1,000 offenders have been docketed with the Commission.\nThe labors of the Commission have not resulted in any governmental\nagreement as to the tribunals to try or the procedures for trying war\ncriminals.\nThe Commission has been widely and publicly criticized for the\npaucity of the results of its work. In recent months its activities have\nbeen marked by dissensions. The British representative, who was\nalso Chairman of the Commission, and the Norwegian member, have\nresigned.\nIII. SCOPE AND DIMENSIONS OF THE WAR CRIMES PROBLEM\nThe crimes to be punished. The criminality of the German leaders\nand their associates does not consist solely of individual outrages, but\nrepresents the result of a systematic and planned reign of terror within\nGermany, in the satellite Axis countries, and in the occupied countries\nof Europe. This conduct goes back at least as far as 1933, when Hitler\nwas first appointed Chancellor of the Reich. It has been marked by\nmass murders, imprisonments, expulsions and deportations of popula-\ntions; the starvation, torture and inhuman treatment of civilians; the\nwholesale looting of public and private property on a scale unparalleled\nin history; and, after initiation of \"total\" war, its prosecution with\nutter and ruthless disregard for the laws and customs of war.\nWe are satisfied that these atrocities were perpetrated in pursuance\nof a premeditated criminal plan or enterprise which either contemplated\nor necessarily involved their commission."
}