CONFIDENTIAL
C.P. (51) 135
21st May, 1951
Page 480
Printed for the Cabinet. May 1951
Copy No.
No.31
CABINET
WAR CRIMINALS
MEMORANDUM BY THE SECRETARY OF STATE FOR FOREIGN AFFAIRS
At its meeting of 12th February, 1951 (C.M. (51) 13th Conclusions, Minute 5), the Cabinet-
.
(a) were inclined to the view that the duty of reviewing the sentences of war criminals should not continue to be delegated to the High Commissioner, or that he should at any rate be expected to seek the Foreign Secretary's guidance on the more important cases; " and accordingly "invited the Minister of State to submit proposals on the manner in which responsi- bility for reviewing the sentences of German war criminals should be exercised in future; " and
(b) “invited the Minister of State to arrange for His Majesty's Ambassador in Washington to ask the State Department to ensure that the United Kingdom Government had an opportunity of making representations in regard to any proposed remission of sentences on German war criminals held in the United States Zone of Germany.”
Recommendations
2. It is recommended-
►
(a) That the Royal Prerogative of clemency in respect of war criminals in Germany condemned by British Military Courts should be withdrawn from the United Kingdom High Commissioner and, in future, advice to His Majesty in this matter should be tendered by the Secretary of State for Foreign Affairs, who will, in dealing with these cases, follow as nearly as the circumstances permit the practice of the Home Secre- taries in connection with persons condemned in the courts of this country.
(b) That the draft despatch at Annex A should be approved.
(c) That similar arrangements should be made in regard to Austria.
(d) That notes should be addressed to the United States and French Govern-
ments on the lines of the draft attached at Annex B.
(e) That a Parliamentary Question be inspired and answered in the terms.
suggested in paragraph 14 below.
Problem
3. There are four questions at issue:-
A. By whom the power of clemency is to be exercised.
B. On what basis the power should be exercised
C.-How best co-ordination with the United States and French policies can
be secured.
D.-What is to be said in Parliament.
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