Allies to Place Nazi War Criminals Under German Custody

The State Department made known today that “it is intended to transfer to the German authorities custody of the war criminals held by the Allies in Western Germany when the contractual agreements become effective.” This was stated by Jack K. McFall, Assistant Secretary of State, in a letter to Rep. Jacob K. Javits of the House Foreign Affairs Committee.

“It would be inconsistent with this new relationship for the American British, or French governments to maintain a prison for German nationals in the Federal Republic,” the State Department official said. He made it clear that when the new agreements with the Federal Republic of Germany enter into force, the occupation of that country will come to an end.

“The Federal Republic,” said McFall, “will agree to carry out the sentences of these prisoners and to maintain the conditions of confinement existing when custody is transferred. An international board will be established in order to provide a means of considering questions of termination or reduction of sentence, or of parole, after custody has been transferred to the Germans. Since there were war crimes trials held not only by the United States authorities in Germany, but also by the British and French, it was agreed that the board would be composed of one American, one British, one French and three German members.

The board will have no jurisdiction over those convicted by the International Military Tribunal at Nuremberg, since they are held in joint custody by the American, British, French, and Soviet authorities in Berlin, the State Department communication pointed out. “No criteria for the board’s actions have yet been established,” it added. “However, it has been made clear that the board will not have any authority to question the validity of the convictions. It is expected that the board will follow generally accepted penological practices in arriving at its recommendations.”