Foreign Relations of the United States: Diplomatic Papers, 1944, General, Volume I

740.00116 E.W./12–2644

The British Embassy to the Department of State

Aide-Mémoire

In the view of His Majesty’s Government in the United Kingdom a very unsatisfactory situation is developing within the United Nations War Crimes Commission with regard to the proposal of the Commission recommending the creation of a United Nations War Crimes Court and other recommendations made by the Commission. Some members of the Commission appear to hold the view that the Commission’s recommendations are being ignored by His Majesty’s Government and seem disposed to draw the conclusion that His Majesty’s Government do not wish to pursue war criminals too diligently.

2. His Majesty’s Government feel that it is essential to dispel this illusion and propose therefore to address a communication to the Chairman of the War Crimes Commission explaining the position of His Majesty’s Government as to the various recommendations made by the Commission. The general object of this communication would be to assure the Commission of the determination of His Majesty’s Government to carry out the policy as regards punishment of war criminals which has been so often proclaimed by Allied leaders and of their willingness to take any practicable steps in their power to assist the Commission in its work.

3. It is not, however, proposed to despatch this communication until the end of the present month, in the hope that by then His Majesty’s Government may be in possession of the views of the United States Government as to the matter dealt with in this Embassy’s aide-mémoire to the Department of State dated 30th October last. It would be very satisfactory if His Majesty’s Government were in a position to say that they understand that the United States Government share their views as set out in that aide-mémoire as to the proposals in question but should this not be possible it is proposed to inform the Commission of the provisional views of His Majesty’s Government and to add that they are still in consultation with the United States Government on this subject.⁴⁰

Washington , 26 December 1944.

40. In a memorandum of January 2, 1945, the Department informed the British Embassy that the questions raised in the aide-mémoire of October 30 were being actively studied by the interested agencies of this Government and that it was hoped in the near future to give the Embassy this Government’s views on the opinions expressed in it (740.00116 E.W./12–2644).