Speech #780224296

The obligation of a neutral government to intern members of the armed forces of a belligerent who enter their territory has long been established by generally accepted provisions of international law. This recognition of the law of nations respecting the internment of armed land or naval farces of u belligerent nation is specifically referred to in title 18. section 37 of the United States Code. There Is nothing of a comparable nature covering refugees. A refugee seeks to enter a foreign country of his own initiative. Prisoners of war are members of the armed forces of the enemy and the only civilians who are covered by the international convention. to which reference has already been made. are specifically limited to special classes "such as newspaper correspondents and reporters. contractors. who fall into the enemies hands and wvhom the latter think it expedient to retain." Such persons. be it noted. in order to be entitled to the privileges of treatment as prisoners of war. must have in their possession a certificate from the military authorities of the armed forces which they were accompanying. The Attorney General goes even further In trying to develop his analogy between refugees end prisoners of war. by pointing to a recent practice of our Government in admitting into the United States German. Italian. and Japanese nationals who have been deported by LatinAmerican countries to the United States under an arrangement whereby they are interned in this country. The legality of such an arrangement. whereby civilian political prisoners of a foreign nation have been admitted into the United States for internment. should be scrutinized with the greatest care. That these people constituted a grave danger to the LatinAmerican countries which deported them is selfevident. It would seem. therefore. to be a reasonable assumption that they are members of one or the other of the Fascist or Nazi subversive groups who constructively fall within the scope of the provisions of title 8. section 137. That is to say. presumptively they believe in the overthrow by force or violence of the Government of the United States.