Report of Robert H. Jackson: United States Representative to the ...

influence in initiating and shaping the negotiations seems to require their inclusion.

In general, the documents are arranged in chronological order. Documents developed and distributed during the Conference are set forth at the place considered most convenient for the reader, generally preceding the minutes of the meeting in which they were discussed. Such documents as are included are set out in full unless otherwise noted.

From time to time certain events outside of the Conference entered into or influenced discussion or action in the meetings. Brief notes are inserted to supplement the information in the record on such events. Notes also are supplied where it has seemed necessary to show the relation of a particular document to the course of negotiation. ELSIE L. DOUGLAS Secretary to Mr. Justice Jackson

CONTENTS

LETTER OF TRANSMITTAL

PREFACE BY MR. JUSTICE ROBERT H. JACKSON

FOREWORD

I. MEMORANDUM TO PRESIDENT ROOSEVELT FROM

THE SECRETARIES OF STATE AND WAR AND THE

ATTORNEY GENERAL, January 22, 1945. ...

Trial and Punishment of Nazi War Criminals. A dis-
cussion of (I) The Moscow Declaration; (II) United Na-
tions War Crimes Commission; (III) Scope and Dimensions
of the War Crimes Problem; (IV) Difficulties of an Effective
War Crimes Program; (V) Recommended Program; (VI)
Nature and Composition of Tribunals; (VII) Preparation
of Case; (VIII) Soviet Attitude; (IX) British Attitude.

II. AIDE-MÉMOIRE FROM THE UNITED KINGDOM,

April 23, 1945. .

Aide-mémoire presented to Judge Samuel Rosenman,

assistant to the President, by Sir Alexander Cadogan,

outlining the view of H. M. G. regarding the difficulties of
a trial of war criminals and recommending political dis-
position of them.

III. EXECUTIVE ORDER BY PRESIDENT TRUMAN, May

2, 1945. .

Executive Order 9547, providing for representation of the

United States in preparing and prosecuting charges of

atrocities and war crimes against the leaders of the Euro-

pean Axis Powers and their principal agents and accessories.

IV. AMERICAN DRAFT OF DEFINITIVE PROPOSAL, PRE-

SENTED TO FOREIGN MINISTERS AT SAN FRANCISCO,

April 1945 . .

Text of executive agreement as proposed by the United

States and submitted at San Francisco to the Foreign

Ministers of the United Kingdom, the Union of Soviet

Socialist Republics, and the Provisional Government of

France, on the basis of which the plan for trial was ac-

cepted in principle.

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V. AMERICAN MEMORANDUM PRESENTED AT SAN

FRANCISCO, April 30, 1945

Explanatory memorandum to accompany draft of defini-
tive proposal presented at San Francisco.

VI. BRITISH MEMORANDUM, May 28, 1945.

British proposals for amending the agreement as submitted

by the United States at San Francisco.

VII. AIDE-MÉMOIRE FROM THE UNITED KINGDOM, June

3, 1945. .

H.M.G. accept in principle the United States draft pro-
posal as basis for discussion by representatives appointed
by Allied Governments and suggest that negotiations be
conducted in London.

VIII. REPORT TO THE PRESIDENT BY MR. JUSTICE JACK-

SON, June 6, 1945 . .

Report to the President on the plans and scope of the task

of prosecuting the Axis war criminals, which report was ap-

proved by the President and was accepted by the Allied

Governments as an official statement of the position of the

United States.

IX. REVISION OF AMERICAN DRAFT OF PROPOSED

AGREEMENT, June 14, 1945.

Executive agreement, revised by the United States legal

staff, submitted to the Embassies of the Allied Govern-

ments, and later used for analysis and criticism at the

London Conference when it convened June 26, 1945.

X. AIDE-MÉMOIRE FROM THE SOVIET GOVERNMENT,

June 14, 1945. .

Soviet accepts in principle the draft of the definitive pro-

posal submitted at San Francisco (IV) and recommends

amendments and supplements.

XI. PLANNING MEMORANDUM DISTRIBUTED TO DELE-

GATIONS AT BEGINNING OF LONDON CONFERENCE,

June 1945. .

Planning memorandum formulated by the United States

staff to indicate application of the provisions of the United

States proposal to various practical problems of actual trial

and submitted to other delegations to aid in the under-

standing of the proposed agreement.

XII. SUMMARY RECORD OF TWO INFORMAL GATHERINGS

OF BRITISH AND AMERICAN DELEGATIONS, June

21 and 24, 1945 . .

XIII. MINUTES OF CONFERENCE SESSION, June 26,
1945.

Explanation of United States draft proposal by American
Representative; outline of French, Soviet, and British
systems of trial by representatives of each country; dis-
cussion of the scope of an indictment.

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