740.00116 EW/7–1645: Telegram
The Acting Secretary of State to the United States Political Adviser for Germany (Murphy), at Hoechst
121. Urtel 51 June 26.90 The following general provisions which are substantially the same as those approved by CCS91 (see Facs92 259) as applicable in the case of persons suspected of war crimes in a country formerly occupied by Germany or in Italy, should in Dept’s view apply in the case of all ex-satellite detainees; they should be delivered through respective ACC’s to authorities of ex-satellite states on latter’s request except (a) those wanted for trial by Allied military authorities; (b) those who held high political, civil or military position in ex-satellite countries and may be desired for trial before an international tribunal; (c) witnesses in (a) or (b) above; (d) those wanted by one or more nations in addition to the ex-satellite; and (e) those whose cases involve special political or other unusual considerations.93
Dept believes that the provisions of JCS 134994 on United Nations renegades and quislings should also be applied to renegades and quislings whose delivery is requested by ex-satellite countries. In connection with (e) above and paragraph 5 of JCS 1349 you should consult American political representatives in countries concerned and [Page 837] report to Dept your recommendations and reasons therefor before final action is taken.
Ex-satellite detainees not included in any of the foregoing categories should be released after interrogation and assisted in so far as possible to return to their home countries if they wish to do so. The question of their remaining in American occupation zone or proceeding elsewhere than Hungary would be for the determination of the competent authorities.
Repeated to Budapest, Bucharest and Sofia.95
- Not printed; it asked the Department’s views regarding the disposition to be made of Hungarian and other Axis satellite nationals, particularly diplomats and other political figures, found in areas occupied by United States troops (740.00119 Control (Germany)/6–2645).↩
- Combined Chiefs of Staff.↩
- Military message indicator.↩
- During June 1945, the Hungarian Government requested of the United States authorities the extradition of certain Hungarian nationals accused of war crimes. In a letter to Hungarian Prime Minister Miklos dated September 6, 1945, Major General Key stated that he was authorized to deliver the war criminals named by the Hungarian Government provided the following conditions were met: 1) any of the war criminals desired as a witness or defendant at the International War Crimes Tribunal would be returned by Hungary; 2) none of the war criminals would be executed by the Hungarian Government prior to the completion of trial of the major war criminals at Nuremberg; 3) the United States would have the right to receive a transcript of all proceedings of the Hungarian war crimes trials. In a letter to Major General Key dated September 10, 1945, Prime Minister Miklos agreed to these conditions. The first Hungarian war criminals to be turned over to the Hungarian Government by the United States authorities arrived in Budapest on October 3, 1945. They included three wartime Prime Ministers of the Hungarian Government: Ladislas Bardossy, Döme Sztojay, and Francis Szalasi. The first of the Hungarian war criminal’s to be tried by a Hungarian court, former Prime Minister Bardossy, was sentenced to death on November 3, 1945. After having been informed by United States authorities that Bardossy would not be needed at the international trials at Nuremberg, the Hungarian Government carried out the sentence on January 9, 1946.↩
- The paper under reference was approved by the State-War-Navy Coordinating Committee in the form of an enclosure to document SWNCC 42/1 of May 23, 1945: for text, see vol. iii, p. 515.↩
- Repeated to Budapest as telegram 192, to Bucharest as 356, and to Sofia as 205.↩