Foreign Relations of the United States: Diplomatic Papers, 1942, Europe, Volume III

859A.00/97: Telegram

The Chargé in Iceland (Warner) to the Secretary of State

Reykjavik, August 8, 1942—3 p.m.
[Received August 9—8:20 a.m.]

410. Legation’s 409, August 8, 3 p.m.

“In the following, reference is made to the friendly message which on the 31st of July last the American Chargé d’Affaires brought to the Prime Minister calling attention to the inconveniences which the United States Government fears that a premature abrogation of the Treaty of Union between Iceland and Denmark might cause and the observations summarized below are made after consultation with the leaders and prominent members of all parties of the Icelandic Parliament, the Althing without exception, who unanimously have declared their agreement:

1. It has never been and is not a desire of the Icelandic people to cause any inconvenience to the United States Government; quite contrary it is their desire that the friendly collaboration may continue intact as hitherto.

2. It is understood that the expression premature abrogation is intended to imply an abrogation taking effect before 1944 as from that time the treaty expressly provides for unilateral abrogation of the Union. On that point there has never existed any disagreement between Icelanders or Danes or others as in fact the wording of the treaty cannot be disputed.

3. Long before the present war the Icelandic Parliament had twice declared unanimously that the provisions in question would be materialized by Iceland, namely that the Union would be abrogated immediately after the end of the year 1943. This is known by the Danish nation, by the other Scandinavian peoples and others who take interest in Icelandic affairs. This, therefore, must have been expected.

4. The decision of having the Union abrogated concurrently with the establishment of the Republic of Iceland is seconded not only by all parties of the Althing but also by members of the Althing without exception—no [not?] only by certain factions—and, it is believed, by a great majority of the Icelandic people. This will be established by a vote of the people which will be arranged before this matter is brought to an end.

5. The attention is called to [fact?] that on the 17th of May 1941 the Althing declared unanimously that it considered that Iceland had acquired the right to abrogate entirely the Union Act with Denmark and that it was the Althing’s will as soon as the Union with Denmark has been abrogated in the formal sense. Those decisions had therefore been, taken and made public before the United States of America assuming the military protection of Iceland was raised. The same declarations were formally notified to Danish Government through official channels.

6. The right to abrogate the Union now is founded on the opinion of Icelandic scholars which they consider in accordance with opinions generally held by scholars in international law that an abrogation of a treaty is justified if either party does not fulfill essential obligations. But since the 9th of April 1940 the Danes, as known, have been unable to fulfill their obligations according to the treaty with the result that the treaty can be considered as non-existent when a declaration to that effect is given by Iceland. This harmonizes with the fundamental rights of a recognized sovereign people to decide alone their constitutional form.

7. In case further information is desired in Iceland and further facts or explanations, it is suggested that the Icelandic Minister in Washington be consulted. It is desired that a copy of this communication be handed over to him.

8. It is further mentioned that the Althing will declare that Danish citizens shall enjoy in full their rights according to the Union Treaty until conditions have made possible to negotiate a treaty for the two nations future relations, although the Danes have been and still are unable to fulfill their Union Treaty obligations.

9. The Icelandic Government have, soonest after the Althing in June 1942 had decided to set up a committee for preparing for the Parliament now having been summoned a draft for a new constitution, taken steps to inform His Majesty the King and the Danish Government of the development described above. However, it is still unconfirmed that a report on the matter forwarded some 6 weeks ago has arrived at its destination. In any case, the report had not been received a week ago.

10. The present Icelandic Government have publicly declared their intention to undertake to have this matter brought to an end in the current year. The waiving of this decision, therefore, would have to be publicly explained and obviously such an explanation might provide material for certain propaganda.

11. It is earnestly hoped that the United States Government will give the above rendered explanations the Same friendly consideration as we on our part will be willing to consider what further the United States Government might wish to submit to us. However, considering that the Althing will have a short sitting this time, it will be necessary to take the matter up for deliberation very shortly.[”]

Warner