740.00116 EW/8–2144
The American Representative on the United Nations War Crimes Commission (Pell) to the Secretary of State
[Received August 30.]
Sir: I have the honor to report:
The War Crimes Commission has from the beginning tried to follow the scheme laid down in the Moscow Declaration; that in every case possible persons accused of war crimes would be tried by the courts of the offended nation. It was also stated in the Moscow Declaration that the arch criminals would be dealt with politically by the United Nations.
A good deal of difficulty has arisen because of our doubt as to where to draw the line. Manifestly, Hitler, Goering, Goebbels, Mussolini and a few others have offended all nations rather than any one in particular. There are, however, many doubtful cases, and I should be grateful for instructions suggesting a rule by which we could ascertain just who is to be turned over to the political authorities, and, if possible, some indication of the methods by which their cases will be handled.
There are many high up Nazis whose offenses have been fairly equally distributed against more than one nation. Seyss-Inquart84 and Henlein85 are cases in point. The former was very prominent in the betrayal and brutalization of Austria. They both have had conspicuous records in Czechoslovakia and in the Low Countries. More [Page 1354] prominent than the ordinary governor of a conquered province, they are nevertheless far below Hitler and his immediate associates. Are they to be left for direct action by the governments, or are their cases to be considered by this Commission for judicial procedure?
Respectfully,
- Arthur Seyss-Inquart, an Austrian Nazi, who became in turn Austrian Federal Chancellor, then Deputy Governor of Poland, and finally Reich Commissioner for occupied Holland.↩
- Konrad Henlein, founder of the Sudeten German Party, who became Reich Commissioner for Sudeten German territories and then Gauleiter of Sudetenga’u and Reich Commissioner, May 1, 1939.↩