811.208/440a: Telegram
The Secretary of State to the Ambassador in the Soviet Union (Harriman)
921. War Department has raised question of criminal jurisdiction over members of armed forces of the United States in the Soviet Union.
It is the position of the United States that under international law members of its armed forces on foreign territory with the consent of the local sovereign are immune from criminal jurisdiction. In order to avoid misunderstanding however, recognition of such right has been obtained in places where our forces are situated. In some instances this has been done by exchange of notes, in others by unilateral action of the local sovereign. The Department has no preference as to the manner in which such right is recognized by the Soviet Government. You are authorized to approach the appropriate authorities and ascertain their disposition in the matter.
If an exchange of notes is desired the following text is suggested:
“It is the desire of the Government of the United States that the service courts and authorities of its military and naval forces39 shall, during the continuance of the present conflict against our common enemies, exercise exclusive jurisdiction over criminal offenses which may be committed in the Soviet Union by members of such forces.
“If for special reasons the service authorities of the United States prefer not to exercise the above jurisdiction, it is proposed that in any such case notice to that effect shall be given to the Soviet Government through diplomatic channels.
“Assurance is given that the service courts and authorities of the United States in the Soviet Union will be willing and able to try, and on conviction, to punish all criminal offenses which members of the United States forces may be alleged, upon sufficient evidence, to have committed in the Soviet Union and that the United States authorities will be willing to investigate and deal appropriately with any alleged criminal offenses committed by such forces in the Soviet Union which may be brought to their attention by the competent Soviet authorities or which the United States authorities may find have taken place.
“The competent United States authorities will be prepared to cooperate with the authorities of the Soviet Union in setting up a satisfactory procedure for affording such mutual assistance as may be required in making investigations and collecting evidence with respect to offenses alleged to have been committed by members of the armed forces of the United States.
“It is proposed that the foregoing arrangement shall be in effect during the present war and for a period of six months thereafter. If the above arrangement is acceptable to the Soviet Government, this [Page 861] note and the reply thereto accepting the provisions outlined shall be regarded as placing on record the understanding between our two Governments.”
It is understood that General Deane has received instructions from the War Department and you should consult with him concerning the matter.
- By telegram 1021 of April 25, 1944, the Department authorized the Ambassador in the Soviet Union to comply with the request of the Joint Chiefs of Staff that “military and naval forces” should be changed to read “armed forces” in order to avoid any possible misunderstanding (811.203/440a).↩