740.00116 EW/8–2144
The First Secretary of the British Embassy (Gore-Booth) to the Legal Adviser (Hackworth)
Washington, August 21,
1944.
Dear Mr. Hackworth: I enclose herewith a
paraphrase of a telegram received from the Foreign Office about the action
of the Germans in using French political detainees in contravention of the
accepted rules of warfare.
You will see that the Foreign Office are not in favour of any formal
communication being made to the German Government through the Swiss
Government, but they do think that His Majesty’s Government and the United
States Government should put themselves publicly on record as protesting the
German action.
We would be grateful for your comments on London’s proposals.
Yours sincerely,
[Enclosure]
Telegram to the British Embassy, Washington, From the
Foreign Office, Dated August 14, 1944
The French Delegation have informed me that General Koenig recently drew
the attention of the Chief of Staff at Supreme Headquarters, Allied
Expeditionary Force, to the use by the Germans of French political
detainees to un-fuse delayed action bombs dropped in France by Allied
aircraft. SHAEF replied on July 22nd that although they considered such
action to be contrary to the laws of war,
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the High Command could do no more than give
publicity to the facts, and it considered this action insufficient.
SHAEF therefore recommended that the question should be submitted to the
British and U.S. Governments whom for their part they would inform
directly. The delegation added that a communication on this question has
been made to the U. S. Government by the French Delegation in
Washington.
- 2.
- This German action is clearly a breach of faith. It is contrary to
Article 23 of Land Warfare Regulations attached to the Hague
Convention 4, and I am advised it could also be held to be a breach
of Article 52 of the same Regulations. Apart from these particular
provisions it is clearly a breach of the rules and customs of war to
compel persons detained for political or indeed any other reasons to
undertake work, which is likely to lead to their death.
- 3.
- In these circumstances His Majesty’s Government would be prepared
to join or support the French Committee in making a strong protest
to the Germans, accompanied by a warning that those responsible
would be tracked down and suitably punished. Such a protest could be
issued either by His Majesty’s Government, the United States
Government and French Committee jointly, or His Majesty’s Government
and the United States Government might jointly support a statement
issued by the French Committee. Every publicity would be given this
statement. I am not in favour of a formal communication to the
German Government through the Swiss Government, since the Germans
might well reject it on the ground that they would not recognize any
standing of His Majesty’s Government or the United States Government
in this matter.
