CAB129-45 — Page 484

Page 484

and in other countries. It is hoped, therefore, that the United States/French Government will agree that when, in future, decisions regarding the revision or remission of sentences of notorious war criminals are to be made, the other Occupying Powers should be given an opportunity to express their views in regard to the announcement and timing of such decisions.

4. The need for full and adequate co-ordination also arises from a second important aspect. At a time when the relations of the Occupying Powers with the Federal Government are about to enter a new phase, the problem arises of the future position of war criminals in respect of (a) custody and (b) clemency. His Majesty's Government would, therefore, like to suggest to the United States/French Govern- ment that the time has now come to consider how far these two questions are subjects which can suitably be put upon a contractual basis, and what reservation of power is required in order to guarantee the continuing rights of the Occupying Powers to these matters. The study of this problem will raise questions of great complexity, not merely because of the fact that war criminals were condemned and are held in the three Western Zones under three different systems of law and penal practices, but also because of the fact that the three Western Powers are jointly responsible with the Soviet Union for the disposition of the Spandau prisoners.

5. In these circumstances, His Majesty's Government feel that the problem of the disposition of war criminals is one which requires separate study, and they therefore propose, subject to any observations which the United States/French Government may make, that the three High Commissioners should be asked to furnish a report by a date to be fixed within a period of some four months, making recommendations on all aspects of the question.

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R.