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ANNEX A

In February last you informed the Minister of State of your wish to be relieved of responsibility in regard to the exercise of clemency towards German war criminals held in the United Kingdom Zone of Germany, a responsibility which was delegated to you in Mr. Bevin's despatch No. CG 2351/2/184 of 29th June, 1950.

2.

After careful consideration His Majesty's Government have reached the conclusion that because of the political and constitutional factors involved it would be appropriate that this power should in future be exercised by His Majesty on the advice of the Foreign Secretary. You should therefore regard the former delegation of authority as cancelled and refer to me for decision all future questions where there is a prima facie case for the exercise of clemency. I shall be grateful if, in submitting such cases, you will provide me with a careful analysis of all the relevant factors.

3. In view of the fact that the cases were originally tried under military law, I consider that where legal questions arise the advice of the Deputy Judge Advocate- General in Germany might well be of value. You should therefore arrange to consult him in appropriate cases, and embody such advice in your submission.

4. The process of carrying out a general review of sentences of war criminals should continue but on the basis indicated above.

5. As regards the custody and conditions of imprisonment of the war criminals concerned, you should continue to exercise general supervision, referring to me for guidance should any important questions of principle arise.

6. As regards the major war criminals held at Spandau, you should refer to me any questions of policy or principle, whether they have their origin in petitions or arise out of tripartite or quadripartite discussions.

7. The whole problem of the future disposition of German war criminals, whether in the Western Zones or in Spandau, is one which appears to require a higher degree of co-ordination between the three Western Occupying Powers, and I have decided to raise this question with the United States and French Governments. A copy of a Note which I am addressing to the two Governments is enclosed here- with for your information.

ANNEX B

DRAFT NOTE TO THE UNITED STATES AND FRENCH GOVERNMENTS

It is the intention of His Majesty's Government to revise, in the near future, the procedure whereby clemency is granted to German war criminals sentenced by British Courts and at present serving terms of imprisonment in the British Zone of Germany. Hitherto the power of clemency in respect of such criminals has been exercised by the United Kingdom High Commissioner in Germany. It is now, however, the view of His Majesty's Government that such power would be more properly exercised by His Majesty on the advice of the Secretary of State for Foreign Affairs, and arrangements are being made to give effect to this decision. A similar change in procedure will be made in regard to Austria.

2. The attention of the United States/French Government is drawn to the fact that, although final decisions on clemency will in future be taken in London, the cases will all be examined in the first instance in Germany and the submissions on them will be prepared by the United Kingdom High Commissioner, so that the co-ordination between the High Commissioners in matters affecting war criminals prescribed in Chapter V of the Charter of the High Commission will be in no way impeded.

3. His Majesty's Government have noted that little progress has hitherto been made in the fields of tripartite legislation or policies as envisaged in the Charter and it is their considered view that there is greater need for co-ordination now in regard to questions affecting war criminals than ever before. It is obvious that the pressure for review of sentences will continue and increase and that the exercise clemency may sometimes lead to serious political reactions both in Germany Page 483 of 587

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