Foreign Relations of the United States, 1946, Paris Peace Conference: Documents, Volume IV

CFM Files

Report of the Military Commission on the Military, Naval, and Air Clauses of the Draft Peace Treaty With Italy

C.P.(Plen)Doc.17

Paris, October 5, 1946.

I. Introductory

The Military Commission elected Brigadier-General Mossor, the representative of Poland, as its Chairman, H. E. Mr. Foo-Ping-Sheung, the representative of China, as its Vice-Chairman, Blatta Ephrem T. Medhen, the representative of Ethiopia, as its Rapporteur. Pending the arrival of Brigadier-General Mossor, the Chairman was Colonel Naszkowski, the Polish Delegate.

H. E. Mr. Foo-Ping-Sheung acted as Chairman from the 12th to the 15th meeting.

The Commission held twenty-one meetings on procedure and on the Draft Peace Treaty between the Allied Powers and Italy. It has now to submit to the Plenary Conference recommendations concerning Articles 39 to 62 and annexes 4 and 5 of the Draft Peace Treaty.

The Commission was called on to consider 40 proposals for amendments to the Articles put forward by the Delegations of Australia, Belgium, Brazil, Greece, New Zealand, Union of South Africa, U.S.A. and Yugoslavia. The proposals of the amendments are designated by the following letters and numbers: C.P.(Sec)N.S. 110, B 8, C 1, E 6, 7, 8, J 8, J 9, U 14, 15 and 16 and C.P.(Mil)Docs. 7, 8, 9, 10. It considered also suggestions by the representatives of Albania which were supported by Yugoslavia, and observations by the representatives of Italy, some of which were supported by the South African Delegation.

All the Articles of the Draft Peace Treaty which the Commission examined had been approved by the Council of Foreign Ministers, and new articles were proposed by members of the Commission.

The Commission began its work by considering its procedure.

procedure

It was agreed that:

(a) it should study all the military, naval and air clauses of the Treaties with the five ex-enemy states;

(b) Sub-Commissions would be created only if any difficulty were encountered in the settlement of any matter;

(c) the order of examining the Treaties would be Italy, Roumania, Bulgaria, Hungary and Finland;

(d) all documents necessary for its work should be delivered to the Delegations 24 hours before the meeting; and proposals and amendments should be handed in to the secretariat 48 hours before the meeting.

A question which gave rise to a long discussion was the procedure to be followed in hearing the representatives of ex-enemy States and of nonmember States invited to submit their views. It was decided to adopt the rules suggested by the Secretary General for the hearing of representatives of ex-enemy States, with the following addition:

“If the memoranda of ex-enemy States contain suggestions bearing on Articles in the Draft Treaties, such suggestions can only be considered by the Commission if they are presented as amendments by a member of the Commission. This will not prevent any member of the Commission referring to the memoranda of the ex-enemy States in discussion upon the appropriate Article.”

As regards the States invited to submit their views, the Commission adopted the rules of the Secretary General with the following addition:

“Suggestions submitted by States which have been, or may be invited to state their views to the Conference shall be studied by the Commission on the initiative of one of the members of the Commission. However, proposals submitted by them in the form of amendments to a treaty shall only be put to a vote if they are sponsored by one of the members of the Commission.”

The Articles of the Treaty and the amendments to them were first examined and adopted provisionally until the whole of Parts IV and V of the Treaty, with Annexes 4 and 5 was approved. The final adoption was made after the representatives of Albania and Italy had been heard and further amendments had been tabled by the Yugoslav Delegation on some proposals of Albania, and by the Delegation of South Africa on some of the proposals of Italy.

II. Decision on the Articles

The Commission reached the following conclusions:

a–Articles adopted without change

Articles 39, 42, 43, 45, 46, 48, 52 para. 1, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62 and the Annexes 4 and 5 were adopted unanimously without any change.

b—drafting amendments adopted

The Commission adopted unanimously the following new wording for Articles 40 para 1 b, 41 para 1 b, 47, 49, 50 and 51.

Articles 40 para. 1 b and 41 para. 1 b.

The word “shelters” was replaced by “protected accommodation for personnel, stores and ammunition”. The final text to the Articles reads as follows:

Article 40 para. 1 b

1. (b) This system is deemed to comprise only Artillery and infantry fortifications whether in groups or separated, pillboxes of any type, protected accommodation for personnel, stores and ammunition, observation posts and military cableways, whatever may be their importance and actual condition of maintenance or state of construction and which are constructed of metal, masonry or concrete or excavated in the rock.

Article 41 para. 1 b

1. (b) These fortifications and installations are deemed to comprise only Artillery and infantry fortifications whether in groups or separated, pillboxes of any type, protected accommodation for personnel, stores and ammunition, observation posts and military cable-ways, whatever may be their importance and actual condition of maintenance or state of construction and which are constructed of metal, masonry or concrete or excavated in the rock.

Article 47

1. The present Italian Fleet shall be reduced to the units listed in Annex 4 A.

2. Additional units not listed in Annex A, and employed only for the specific purpose of minesweeping, may be retained until the end of the minesweeping period as determined by the International Central Board for Mine Clearance of European Waters, but are to be handed over to their owners or to be demilitarised, with a view to civilian use, within two months of the end of the said period.

Article 49

1. Italy shall effect the following disposal of submarines and non-operational naval vessels. Time-limits specified below should be taken as commencing with the coming into force of the present Treaty.

(a) Surface naval vessels afloat not listed in Annex 4, including naval vessels under construction afloat, shall be destroyed or scrapped for metal within nine months.

(b) Naval vessels under construction on slips shall be destroyed or scrapped for metal within nine months.

(c) Submarines afloat and not listed in Annex 4 B shall be sunk in the open sea in a depth of over a hundred fathoms within three months.

(d) Naval vessels sunk in Italian harbours and approach channels, in obstruction of normal shipping, shall be destroyed by demolition or may be salvaged and subsequently destroyed or scrapped for metal within two years.

(e) Naval vessels sunk in shallow Italian waters, not in obstruction of normal shipping, shall, within one year, be rendered incapable of salvage.

(f) Naval vessels capable of reconversion, which do not come within the definition of war materiel and which are not listed in Annex 4, may be reconverted to civilian uses or are to be demolished within two years.

2. Italy undertakes, prior to the sinking or destruction of ships and submarines as provided for in the preceding paragraph, to salvage such equipment and spare parts as may be useful in completing the on-board and reserve allowances of spare parts and equipment to be supplied, in accordance with Article 48 d, for all operational ships specified in Annex 4 B.

Article 50

Paragraph 1, instead of the words “or acquired”, the words “acquired or replaced” are to be inserted.

Paragraph 5, after the words “replace any ship”, the words “other than a battleship” are to be inserted.

Paragraph 6, the terms “so far as necessary” are to be replaced by “for the purposes of the present Treaty”.

The new wording of the Article is thus:

• “1. No battleship shall be constructed, acquired or replaced by Italy.
• 2. No aircraft carrier, submarine or other submersible craft M.T.B. or specialised types of assault craft shall be constructed, acquired, employed or experimented with, by Italy.
• 3. The total standard displacement of the war vessels other than battleships of the Italian Navy, including ships under construction as from the date of the launching, shall not exceed 67,500 tons.
• 4. Any replacement of war vessels by Italy shall be effected within the limit of tonnage given in paragraph 3. There shall be no restriction on the replacement of auxiliary vessels.
• 5. Italy undertakes not to acquire or lay down any war vessels before January 1, 1950, except as necessary to replace any ship, other than a battleship, accidentally lost, in which case the displacement of the new ship is not to exceed by more than 10 the displacement of the ship lost.
• 6. The terms used in this Article are, for the purposes of the present Treaty, defined in Annex 5 A.”

Article 51

In the 2nd paragraph the words “International Central Board” are substituted for “International Control Board”. The paragraph reads:

“2. During the period of minesweeping due to the war, Italy shall be authorised to employ for this purpose an additional number of officers and men not to exceed 2,500, such period to be determined by the International Central Board for Mine Clearance of European Waters.”

Article 52

The second paragraph of Article 52 was detached, and placed as a new article 46B, as follows:

“The total number of heavy and medium tanks in the Italian Armed Forces shall not exceed 200”

c—amendments of substance

Three amendments were unanimously adopted:

1. Article 44.

A Belgian amendment was adopted for the purpose of adding atomic weapons to those that are prohibited to Italy. After the words “or experiment with”, the words “(i) any atomic weapon” are inserted. Technical changes were introduced in the clauses of that Article: in point (ii), after “their discharge” were inserted the words “(other than torpedoes and torpedo launching gear inherent to naval vessels permitted by this Treaty)”. Add words “or torpedoes” after “sea-mines”.

The final text of Article 44 is:

“Italy shall not posseses, construct or experiment with (i) any atomic weapon (ii) any self-propelled or guided missiles or apparatus connected with their discharge (other than torpedoes and torpedo launching gear inherent to naval vessels permitted by this Treaty) (iii) any guns with a range of over 30 kilometers (iv) sea-mines or torpedoes of non-contact types actuated by influence mechanisms (v) any torpedoes capable of being manned.”

2. Article 46A.

Arising out of a proposal by the Yugoslav Delegation the following new article was unanimously adopted as Article 46 A—

“In no case shall any officer or non-commissioned officer of the former Fascist Militia or of the former Fascist Republican Army be admitted with officer’s or non-commissioned officer’s rank to the Italian Army, Navy, Air Force or Carabinieri, with the exception of such persons as have been exonerated by the appropriate body in accordance with Italian law.”

[3. Article 62A.]

3. An amendment concerning minesweeping vessels which Italy might retain to the end of a period determined by the International Central Board for Mine Clearance of European Waters, was accepted unanimously and added as Article 62A, as follows:

“As from the entry into force of the Treaty Italy will be invited to join the Mediterranean Zone Board of the International Organisation for Mine Clearance of European Waters, and she undertakes to maintain at the disposal of the Central Mine Clearance Board the whole of her minesweeping forces until the end of the post-war mine clearance period, as determined by the Central Board”

d—amendments rejected

The Commission rejected amendments to the following Articles:

1. Article 39. The South African Delegation proposed an amendment providing that military clauses should be subject to revision five years after the Treaty came into force. The amendment was rejected by 16 to 4, one Delegation being absent.

2. Article 40. The South African Delegation submitted an amendment concerning the character of the fortifications on the Franco-Italian frontier which should be destroyed. The amendment was rejected by 19 to 1, one Delegation being absent.

3. Article 46. The Greek Delegation proposed to add two new articles with a view to:

(1) limit the number of officers and NCO’s in the Army;

(2) prohibit reservist training and mobilisation measures.

These amendments were rejected by 18 to 1 with 2 abstentions.

4. Article 47. The Yugoslav Delegation moved an amendment for a further reduction of the Italian Navy below the provision in that Article. The amendment was rejected by 16 to 2 with three abstentions.

5. Articles 48 and 58. An amendment of the Australian Delegation to Articles 48 and 58 about the disposal of surplus vessels and surplus war material, with a view to disposal by the Security Council instead of the Four Great Powers, was rejected by 15 votes to 3 (3 Delegations abstained).

6. Article 49. The South African Delegation proposed an amendment to allow the Italians to strip submarines for civil purposes. The amendment was rejected by 17 to 1, with 2 abstentions and one absent.

7. Annex 4A. The South African Delegation proposed an amendment with a view to increase the Italian Fleet. The amendment was rejected by 20 to 1.

III. Reservations and Declarations

In six cases a Delegation agreed to the text of the Article after having made a reservation or recording a declaration.

(a) In connection with Article 39, the Commission took note of a declaration submitted by the New Zealand Delegation that the level of armaments of the ex-enemy States should be fixed by the Security Council of the United Nations. The New Zealand Delegate reserved the right to reopen the matter in Plenary Session.

(b) The Yugoslav Delegation, which had withdrawn an amendment to Article 47 supporting suggestions of the Albanian representative for a further reduction of the Italian Navy, asked that the following declaration should be annexed to the Record of the Meeting:

“The Delegation of Yugoslavia which supported, as an amendment, the suggestions presented by the representatives of Albania, considers that the Italian Fleet, as foreseen in the Draft Peace Treaty with Italy (Article 47, Annex 4A), constitutes a threat against the safety of these two countries.”

(c) Article 51. The South African Delegation in withdrawing an amendment concerning the number of men to be allowed in the Italian Navy requested that the matter be further considered by the Naval Committee of the Council of Foreign Ministers. Assurance to that effect was given by the American Delegation on its own behalf.

(d) Article 52. The South African Delegation tabled an amendment providing for a reserve of material for the Italian Army. It withdrew the amendment when the American Delegate explained that the Draft Article 46 had taken account of the need for reserve war material. It was agreed, as the matter affected similar clauses in all the Peace Treaties, that the explanation given by the American Delegate should be recorded.

(e) Article 55. The South African Delegation withdrew an amendment providing for reserve aircraft which the Italian Air Force should be allowed to maintain, but asked that the statement made by the U.S. Delegate concerning Article 52 should apply also in respect of spare parts for aircraft.

(f) Article 58. The Greek Delegation tabled an amendment that Greece should have a share of surplus war material and should recover any war material removed by the Italians from Greece. A declaration was made on behalf of the Four Great Powers that in the joint disposition to be made of war material by them, they would take into consideration any requests made by other Allied and Associated Powers, in particular by the Power from which material was taken by Italy. It was suggested also that Article 65 would cover the return of war material removed from any of the United Nations. The Greek Delegation offered to withdraw its amendment, subject to an interpretation of the word “property” in Article 65 of the Treaty, which dealt with restitution, to include war material. It was agreed that the Rapporteur should obtain the interpretation of the word “property” in Article 65 from the Economic Commission for Italy. That Commission advised that “property” did include war material. The Greek Delegation then withdrew the reservation and the amendment.

IV. Definition of Demilitarisation (C.P.(Mil)Doc. 13)

The Military Commission was asked by the Political and Territorial Commission for Italy to give a definition of “demilitarised” and “completely demalitarised”, for the purpose of certain Articles, 11, 12 and 42, of the Draft Peace Treaty with Italy. The Commission recommend unanimously that the following definition should be inserted as Annex 5(D) of the Italian Treaty; and that only one term, “demilitarised”, should be used.

definition of demilitarisation

(See Articles 11, 12 and 42)

“For the purpose of this Treaty the term ‘demilitarisation’ shall be deemed to prohibit, in the territory and territorial waters concerned, all naval, military and military air installations, fortifications and their armaments; Artificial military, naval and air obstacles; the basing or the permanent or temporary stationing of military, naval and military air units; military training in any form; and the production of war materials. This does not prohibit internal security personnel restricted in number to meeting tasks of an internal character and equipped with weapons which can be carried and operated by one person, and the necessary military training of such personnel.”

V. Conclusion

At the 21st meeting all the Military Clauses of the Draft Peace Treaty with Italy as indicated above were unanimously adopted as a whole.

The Commission has the honour to recommend to the Plenary Conference that it shall:—

Decide upon new text of the military clauses as set out above; viz., Articles 40 paragraph 1b, 41 paragraph 1b, 44, 46A, 46B, 47, 49, 50, 51, 62A and Annex 5D.