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DCER : Volume #12 - 559.DEA/4060-40 : RE: SOVIET REPUBLICS ON U.N. WAR CRIMES YMMISSION

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Volume #12 - 559.

CHAPTER VIII

UNITED NATIONS

PART 6

MISCELLANEOUS

SECTION B

SOVIET REFUBLICS

559.

DEA/4060-40

Memorandum from Second Political Division
to Associate Under-Secretary of State for External Affairs

Ottawa, May 6th, 1946

RE: SOVIET REPUBLICS ON U.N. WAR CRIMES YMMISSION

If this is a United Nations Commission it seems logical that Byelo-russia and Ukraine should be represented since they are Members of the United Nations. It also seems logical that the other Soviet republics should not be represented until such time as they have been admitted to membership in the United Nations. Admission to the Commission should not be used as a back­door by which to sneak in additional Soviet republics into the United Nations, now that there exists an internationally recognized procedure for acquiring membership in the United Nations.

I still think that the Soviet motive in asking for the admission of these republics is the desire to secure de jure recognition of their incorporation in the U.S.S.R. which the Western powers have hitherto refused to give. This, I think, was the original motive. Added to this is probably the desire not to be outvoted on the Commission and the calculation that if these republics are admitted it would be easier to secure their membership in the United Nations.

From the constitutional point of view I can see no difference between trial by the U.S.S.R. and trial by the republics. Either method could be used under the Soviet constitution, though so far political trials and trials of war criminals have been conducted only by the Union authorities. As for the argument that unless the republics are represented separately their interests are not fully taken into account we might ask whether the inclusion of Foreign Ministers of the Republics as alternates in the Soviet delegation would not ensure the protection of their interests—it being understood that the inclusion of these Ministers is a purely internal matter for the U.S.S.R. and does not imply the recognition of the status of these Ministers as representatives of the Republics as such. I am thinking of the precedent set by the U.S.S.R. in including Lavrentiev, Foreign Minister of the R.S.F.S.R.1 in the Soviet delegations to San Francisco and to the General Assembly.

When the Soviet request for the inclusion of the seven republics was first made in 1943, the United Nations was still a rather nebulous concept. In particular, there was no agreed procedure by which a nation became a mem­ber except signature of the United Nations Declaration, presumably a matter for decision only by the nation wishing to become a Member. Since then the situation has been changed by the acceptance of the Charter as the constitu­tion of the United Nations.

In view of the changed circumstances, the following arguments should be used to-day:

the Commission consists of Members of the United Nations;

Byelo-russia and Ukraine are entitled to membership;

if the other republics want to be represented, they would be welcomed when they have become Members of the United Nations;

the procedure for acquiring this membership is laid down in the Charter.

L. M[ALANIA] I concur. E. R[EID]


1La note suivante était écrite sur ce mémorandum:
1The following note was written on the memorandum:
Mr. Hopkins—I think you might draft a brief reply on this basis. H. W[RONG]



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