Evening star., 1945-04-15
Armistice With Nazis
Not Feasible, Shears
Tells Lawyers Group

An armistice with Germany Is not
feasible" and unconditional sur
render should be demanded of the
Nazis, Curtis C. Shears, special as
sistant to the Attorney General, yes
terday told the American Society of
International Law at the Carlton
Hotel
Since a peace treaty cannot be
concluded with the NaI govern
ment, and 1t must not be concluded
with any new democratic govern
ment of Germany or the govern
ments Of any states established on
former German territory, an armi-
stice followed by a peace treaty does
not appear feasible" he said.
Unconditional surrender Is best
suited to afford sound basis for
fundamental reform Of the political
structure Of Germany, a complete
change Of her political system and
re-education OF the German people
as we'll as her rehabilitation, de-
militarization and disarmament" he
said.
Discusses Legal Problems.
The speaker discussed the legal
implications OF. guerrilla warfare, the
possibilities Of Allied trusteeship of
Germany, the problem of debt sue
cession, transfer of sovereignty and
some of the legal hazards which may
be encountered in the transition
from the rule of Nazi dictatorship
back to rule of law.
Frederic R. Coudert of New York
City, president of the society.
stressed the Importance of the
forthcoming San Francisco Confer
ence as the crossroads of the fu-
ture.' Tracing developments of in
ternational law up to the Dunbar
ton Oaks proposals for securing the
peace, he said San Francisco should
be the 'fIuition of Dumbarton
Oaks"
The world, he said, was either 60
ing on Its way to an ordered world
Of law" or would revert to savagery
and war as soon as the aggressor
nations recover from the fatigue
and exhaustion which now has over
taken them.
Mr.. Coudert read a cable from
DR.. Alberto Blanco, president of the
Havana Bar Association, expressing
the Cuban associations regret at
the death of President Roosevelt.
Paints Gloomy Picture.
Howard S. Leroy, Washington,
painted a gloomy picture of the
possibilities of disposition OF war
damage claims after this war unless
remedial measures are taken. Not
only would such claims be in an
'unfavorable position" as to ad-
Indication. he pointed out, but be-
cause of the weakened finances of
the European countries the chances
of payment are decidedly Slim
1t. Col. Willard B. Cowles of the
Judge Advocate Generals Office of
the War Department discussed
High Government Officials as War
Criminals"
Declaring he spoke for himself
only. and not for the War Depart
ment, Col. CoWles said:
My position is that treacherous
Killings or WoundlngS, whether they
occur in the inception or during
the course of war are war crimes"
Set Up Simple Rule.
The underlying purpose sought
to be served by the third Hague
Convention" he said, was to set
up a simple rule for determining
the line between lawful and
treacherous commencement of war
and this result was accomplished
If hostilties are commenced with
out a previous reasoned declara-
ton Of war or an ultimatum with
a conditional declaration of war,
the initial acts of hostilities are
presumptively war crimes on the
part of persons responsible there
for"
He did not mention the names Of
any enemy countries or individuals.