Foreign Relations of the United States, Conferences at Washington and Quebec, 1943

J.C.S. Files

The Joint Chiefs of Staff to the President

secret

[ Washington ,] 3 August 1943.

Memorandum for the President

Subject: Draft Instrument of Surrender of Italy.

1. The Joint Chiefs of Staff and the Secretary of State have the following comments to make concerning the British document:¹

a. There is no statement in the document itself providing for unconditional surrender, or referring to the fact that such a surrender has taken place.

b. Reference is made to “Supreme Command of the United Nations,” a title which does not appear to exist.

c. No consideration is given to the fact that German troops ‘are now in Italy and probably will be at the time of cessation of hostilities, nor is any provision made for dealing with them.

d. The document provides for implementing its terms by a “Control Commission” under the authority of the United Nations, rather than by General Eisenhower under the authority of the U. S. and British Governments through the Combined Chiefs of Staff.

2. The Joint Chiefs of Staff and the Secretary of State agree with the view expressed in your message yesterday,² i.e., to allow General Eisenhower to act to meet the situations as they arise, and to use as he sees fit the terms of surrender already furnished to him.³

3. The State Department and the Joint Chiefs of Staff believe that the British proposal, as amended by the U. S. changes,⁴ may serve a useful purpose for later phases of the Italian situation, in that it combines in a single document many well considered military, political and economic conditions to be imposed on Italy.

For the Joint Chiefs of Staff:

G C Marshall

Chief of Staff, U.S. Army

[Enclosure]

Draft of a Comprehensive Instrument of Surrender ⁵

Draft Instrument of Surrender of Italy ⁶

Whereas the Italian Government and the Italian Supreme Command acknowledges that the Italian forces have been totally defeated and that Italy can no longer carry on the war against the United Nations and have accordingly unconditionally requested a suspension of hostilities.

And whereas the United States and United Kingdom acting on behalf of the United Nations are willing to lay down the terms on which they are prepared to suspend hostilities against Italy so long as their military operations against Germany and her Allies are not obstructed, and that Italy does not assist these powers in any way and complies with requirements of United Nations. these governments.

The following terms have been presented by …⁷ on behalf of the Supreme Command of the United Nations. duly authorized to that effect, and have been accepted by … representing the Supreme Command of the Italian land, sea and air forces, and duly authorized to that effect by the Italian Government.

1. a. The Italian ground, sea and air forces wherever located, hereby surrender unconditionally to the Commander in Chief of the Allied Forces.

b. The Italian Supreme Command will order the immediate cessation of hostilities of any hind against the forces of the United Nations and will direct the Naval, Military and Air Forces authorities in all theaters to issue forthwith the appropriate instructions to those under their command.

c. Italian participation in the war in all theaters will cease immediately. There shall be no opposition to landings, movements or other operations of the sea, land and air forces of the United Nations.

d. The Italian Supreme Command will further order all Naval, Military and Air Forces or authorities and personnel to refrain immediately from destruction of or damage to any real or personal property, whether public or private.

2. The Italian Supreme Command will give full information concerning the disposition and condition of all Italian land, sea and air forces, wherever they are situated and of all such forces of Italy’s Allies as are situated in Italian or Italian-occupied territory.

3. The Supreme Italian Command will take the necessary measures to secure airfields, port facilities and other installations against seizure or attack by the Germans. The Supreme Italian Command will take the necessary measures to insure law and order, and to use its available armed forces to insure prompt and exact compliance with all the provisions of this armistice. Subject to the use of Italian troops for the above purposes, all other Italian land, sea and air forces will proceed to and remain in their barracks camps or ships pending directions from the United Nations as to their future status and disposal. Exceptionally such naval personnel shall proceed to shore establishments as the United Nations may direct.

4. Italian land, sea and air forces will within the periods to be laid down by the United Nations withdraw from all areas outside Italian territory notified to the Italian Government by the United Nations and proceed to areas to be specified by the United Nations. Such movement of Italian land, sea and air forces will be carried out in conditions to be laid down by the United Nations and in accordance with the orders to be issued by them. All Italian officials will similarly leave the areas notified except any who may be permitted to remain by the United Nations. Those permitted to remain will comply with the instructions of the United Nations. Allied Commander in Chief.

5. No requisitioning, seizures or other coercive measures shall be effected by Italian land, sea and air forces or officials in regard to persons or property in the areas notified under Article 4.

6. The demobilization of Italian land, sea and air forces in excess of such establishments as shall be notified will take place as prescribed by the United Nations. Allied Commander in Chief acting for and in behalf of the two governments.

7. Italian warships of all descriptions, auxiliaries and transports will be assembled as directed in ports to be specified by the United Nations Allied Commander in Chief and will be dealt with as prescribed by the United Nations. Allied Commander in Chief. (Note. If at the date of the armistice the whole of the Italian Fleet has been assembled in Allied ports, this article would run—“Italian warships of all descriptions, auxiliaries, and transports will remain until further notice in the ports where they are at present assembled, and will be dealt with as prescribed by the United Nations Allied Commander in Chief”.)

8. Italian aircraft of all kinds will not leave the ground or water or ships, except as directed by the United Nations. Allied Commander in Chief.

9. Without prejudice to the provisions of Articles 14, 16 and 29 below, all merchant ships, fishing or other craft of whatever flag, all aircraft and inland transport of whatever nationality in Italian or Italian-occupied territory or waters will, pending verification of their identity and status, be prevented from leaving.

10. The Italian Supreme Command will make available all information about naval, military and air devices, installations, and defences, about all transport and intercommunication systems established by Italy or her Allies on Italian territory or in the approaches thereto, about minefields or other obstacles to movement by land, sea or air and such other particulars as the United Nations may require in connection with the use of Italian bases, or with the operations, security, or welfare of the United Nations land, sea or air forces. Italian forces and equipment will be made available as required by the United Nations for the removal of the above mentioned obstacles.

11. The Italian Government will furnish forthwith lists of quantities of all war material showing the location of the same. Subject to such uses as the Allied Commander in Chief may make, the war material will be placed in store under such control as the United Nations he may direct. The ultimate disposal of war material will be prescribed by the United Nations.

12. There shall be no destruction of nor damage to nor except as authorized or directed by the United Nations any removal of war material, wireless, radiolocation or meteorological stations, rail, road, port or other installations or in general, public or private utilities or property of any kind, wherever situated, and the necessary maintenance and repair will be the responsibility of the Italian authorities.

13. The manufacture, production and construction of war material and its import, export and transit is prohibited, except as directed by the United Nations. The Italian Government will comply with any directions given by the United Nations for the manufacture, production or construction and the import, export or transit of war material.

14. a. All Italian merchant shipping and fishing and other craft, wherever they may be, and any constructed or completed during the period of the present instrument will be made available in good repair and in seaworthy condition by, the competent Italian authorities at such places and for such purposes and periods as the United Nations may prescribe. Transfer to enemy or neutral flags is prohibited. Crews shall remain on board pending further instructions regarding their continued employment or disposal. Any existing options to repurchase or re-acquire or to resume control of Italian or former Italian vessels sold or otherwise transferred or chartered during the war shall forthwith be exercised and the above provisions shall apply to all such vessels and their crews.

b. All Italian inland transport shall be held at the disposal of the United Nations for such purposes as they may direct.

15. The United Nations will endeavor to provide for the essential economic needs of the Italian people so far as circumstances permit but they reserve the right to recover the cost of supplies and transport for the purpose from the Italian Government. It is to the interest of the Italian Government and people to insure that Italian ships and equipment are made available in good and serviceable condition together with their crews as required.

16. United Nations merchant ships, fishing and other craft in Italian hands wherever they may be (including for this purpose those of any country which has broken off diplomatic relations with Italy, whether or not the title has been transferred as the result of Prize Court proceedings or otherwise) will be surrendered to the United Nations and will be assembled in ports to be specified by the United Nations for disposal as directed by them. The Italian Government will take all such steps as may be required to secure any necessary transfers of title. Any neutral merchant ship, fishing or other craft under Italian operations or control will be assembled in the same manner pending arrangements for their ultimate disposal. Any necessary repairs to any of the above mentioned vessels will be effected by the Italian Government, if required, and at their expense. The Italian Government will take the necessary measures to insure that the vessels and their cargo are not damaged.

17. No radio or telecommunication installations or other forms of intercommunication, ashore or afloat, under Italian control whether belonging to Italy or any nation other than the United Nations will transmit until directions for the control of these installations have been prescribed by the United Nations. The Italian Authorities will conform to such measures for control and censorship of press and of other publications, of theatrical and cinematograph performances, of broadcasting, and also of all forms of intercommunication as United Nations may direct. The United Nations may, at their discretion, take over radio, cable and other communication stations.

18. The warships, auxiliaries, transports and merchant and other vessels and aircraft in the service of the United Nations will have the right freely to use the territorial waters around and the air over Italian territory.

19. The United Nations will require to occupy certain parts of Italian territory. The territories or areas concerned will from time to time be notified by the United Nations and all Italian land, sea and air forces will thereupon withdraw from such territories or areas in accordance with the instructions issued by the United Nations. The provisions of this article are without prejudice to those of Article 4 above. The Italian Supreme Command will guarantee immediate use and access to the Allies of all airfields and naval ports in Italy regardless of the rate of evacuation of German forces.

20. In the territories or areas referred to in Article 19 all naval, military and air installations, power stations, oil refineries, public utility services, all ports and harbors, all transport and all intercommunication installations, facilities and equipment and such other installations or facilities and all such stocks as may be required by the United Nations will be made available in good condition by the competent Italian authorities with the personnel required for working them. The Italian Government will also supply free of cost make available such other local resources or services as the United Nations may require.

21. Without prejudice to the provisions of the present instrument the United Nations will exercise all the rights of an occupying power in the territories or areas referred to in Article 19, the administration of which will be provided for by the issue of proclamations, orders or regulations. Personnel of the Italian Administrative, Judicial and Public Services will carry out their functions under the control of the United Nations Supreme Command Allied Commander in Chief unless otherwise directed.

22. In addition to the rights in respect of occupied Italian territories described in Articles 19–21,

a. members of the land, sea or air forces and officials of the United Nations will have the right of passage in or over non-occupied Italian territory and will be afforded all the necessary facilities and assistance in performing their functions,

b. the Italian authorities will make available in non-occupied Italian territory all transport facilities required by the United Nations including free transit for their war material and supplies, and will comply with instructions issued by the United Nations Allied Commander in Chief regarding the use and control of airfields, ports, shipping, inland transport systems and vehicles, intercommunication systems, power-stations and public utility services, oil refineries, stocks and such other fuel and power supplies and means of producing same, as United Nations may specify, together with connected repair and construction facilities.

23. The Italian Government and people will abstain from all action detrimental to the interests of the United Nations and will carry out promptly and efficiently all orders given by the United Nations. The Italian Government will take all such measures as may be necessary to prevent strikes and lock-outs, incitements to strike, or participation in labor disputes in all cases where these acts would be detrimental to the interests of the United Nations.

24. The Italian Government will supply free of cost such Italian currency as the United Nations may require. The Italian Government will withdraw and redeem in Italian currency within such time-limits and on such terms as the United Nations may specify all holdings in Italian territory of currencies issued by the United Nations during military operations or occupation and will hand over the currencies so withdrawn free of cost to the United Nations. The Italian Government will take such measures as may be required by the United Nations for the control of banks and businesses in Italian territory, for the control of foreign exchange and foreign commercial and financial transactions and for the regulation of trade and production and will comply with any instructions issued by the United Nations regarding these and similar matters.

25. There shall be no financial, commercial or other intercourse with or dealings with or for the benefit of countries at war with any of the United Nations or territories occupied by such countries.

26. a. Relations with countries at war with any of the United Nations, or occupied by any such country, will be broken off. Italian diplomatic, consular and other officials and members of Italian land, sea and air forces accredited to or serving on missions with any such country will be recalled. Diplomatic and consular officials of such countries will be dealt with as the United Nations may prescribe.

b. The United Nations reserve the right to require the withdrawal of neutral diplomatic and consular officers from occupied Italian territory and to prescribe and lay down regulations governing procedure for and methods of communication between Italian Government and its representatives in neutral countries and regarding communications emanating from or destined for representatives of neutral countries in Italian territory.

27. Italian subjects will pending further instructions be prevented from leaving Italian territory except as authorized by the United Nations and will not in any event take service with any of the countries referred to in Article 26, nor will they proceed to any place for the purpose of undertaking work for any such country. Those at present so serving or working will be recalled as directed by the United Nations. Allied Commander in Chief.

28. The Military, Naval and Air personnel and material and the merchant shipping, fishing and other craft and the aircraft, vehicles and other transport equipment of any country against which any of the United Nations is carrying on hostilities or which is occupied by any such country, remain liable to attack or seizure wherever found in or over Italian territory or waters.

29. a. The warships, auxiliaries and transports of any such country or occupied country referred to in Article 28 in Italian or Italian-occupied ports and waters and the aircraft vehicles and other transport equipment of such countries in or over Italian or Italian-occupied territory will, pending further instructions, be prevented from leaving.

b. The Military, Naval and Air personnel and the Civilian Nationals of any such country or occupied country in Italian or Italian-occupied territory will be prevented from leaving and will be interned pending further instructions.

c. All property in Italian territory belonging to any such country or occupied country or its Nationals will be impounded and kept in custody pending further instructions.

d. The Italian Government will comply with any instructions given by the United Nations Allied Commander in Chief concerning the internment, custody or subsequent disposal, utilization or employment of any of the above mentioned persons, vessels, aircraft, material or property.

30. Benito Mussolini, his chief Fascist associates and all persons suspected of having committed war crimes or analogous offences whose names appear on lists to be communicated by the United Nations will forthwith be apprehended and surrendered into the hands of the United Nations. Any instructions given by the United Nations for this purpose will be complied with.

31. All Fascist organizations, including all branches of the Fascist Militia (MVSN), the Secret Police (OVRA) and Fascist Youth Organizations will insofar as this is not already accomplished be disbanded in accordance with the directions of the United Nations Allied Commander in Chief, except any such organizations or parts thereof as may be specified by the United Nations. The Italian Government will comply with all such further directions as the United Nations may give for abolition of Fascist institutions, the dismissal and internment of Fascist personnel, the control of Fascist funds, the suppression of Fascist ideology and teaching.

32. All Italian laws involving discrimination on grounds of race, color, creed, religion or political opinions will insofar as this is not already accomplished be rescinded, and persons detained on such grounds will, as directed by the United Nations, be released and relieved from all legal disabilities to which they have been subjected. The Italian Government will comply with all such further directions as United Nations the Allied Commander in Chief may give for repeal of Fascist legislation and removal of any disabilities or prohibitions resulting therefrom.

33. a. Prisoners of war belonging to the forces of or specified by the United Nations and any Nationals of the United Nations, including Abyssinian subjects, confined, interned, or otherwise under restraint in Italian or Italian-occupied territory and none of these will not be removed from the beginning of these negotiations and will forthwith be handed over to representatives of the United Nations or otherwise dealt with as the United Nations may direct.

b. Persons of whatever nationality including Albanians who have been placed under restriction, detention or sentence (including sentences in absentia) on account of their dealings or sympathies with the United Nations will be released under the direction of the United Nations and relieved from all legal disabilities to which they have been subjected.

c. The Italian Government will take such steps as the United Nations may direct to safeguard the persons of foreign Nationals and property of foreign states and Nationals.

34. a. The Italian Government will comply with such directions as the United Nations may prescribe regarding restitution deliveries services or payments by way of reparation and payment of the costs of occupation during the period of the present instrument.

b. The Italian Government will give to the United Nations Allied Commander in Chief such information as may be prescribed regarding the assets whether inside or outside Italian territory of the Italian State, the Bank of Italy, any Italian State or semi-State institutions or Fascist organizations or residents in Italian territory and [will not dispose or allow the disposal outside Italian territory of⁸] any such assets except with the permission of the United Nations.

35. The Italian Government will carry out during the period of the present instrument such measures of disarmament demobilization and demilitarization as may be prescribed by the United Nations Allied Commander in Chief.

36. The Italian Government will supply all information and provide all documents required by the United Nations. There shall be no destruction or concealment of archives, records, plans or any other documents or information.

37. The Italian Government will pass take and enforce such legislative and administrative measures as may be necessary for the execution of the present instrument. Italian military and civil authorities will comply with any instructions issued by the United Nations Allied Commander in Chief for the same purpose.

38. The term “The United Nations” in the present instrument includes the control commission referred to in Article 42 below, the Supreme command of the United Nations and any other authority which the United Nations may designate for the purpose.

39. Reference to Italian land, sea and air forces in the present instrument shall be deemed to include Fascist Militia and all such other military or para-military units, formations or bodies as the United Nations Allied Commander in Chief may prescribe.

40. The term “War Material” in the present instructions denotes all material specified in such lists or definitions as may from time to time be issued by the Control Commission referred to in Article 42 below.

41. The term “Italian Territory” includes all Italian colonies and dependencies and shall for the purposes of the present instrument (but without prejudice to the question of sovereignty) be deemed to include Albania. Provided however that except in such cases and to such extent as the United Nations may direct the provisions of the present instrument shall not apply in or affect the administration of any Italian colony or dependency already occupied by the United Nations or the rights or powers therein possessed or exercised by them.

42. A Control Commission appointed United Nations will regulate and control the execution of the present instrument. Any disagreement regarding the interpretation or execution of the present instrument will be decided by the Control Commission whose decision will be final.

43. The Italian Government will send a delegation to the head quarters of the Control Commission to represent Italian interests and to transmit the orders of the Commission to the competent Italian authorities.

44. The present instrument shall enter into force as of the date and hour of signature.

44. The present instrument shall be confirmed by the Italian Government. It will enter into force . . . hours after instrument of confirmation has been received at . . . and hostilities between the United Nations and Italy will cease in all theaters of war at that time. It will remain in operation until superseded by any other arrangements or until the coming into force of the Peace Treaty with Italy.

45. The present instrument may be denounced by the United Nations with immediate effect if Italian obligations thereunder are not fulfilled or as an alternative the United Nations may penalize contravention of it by measures appropriate to the circumstances such as the extension of the areas of military occupation or air or other punitive action. Drawn up in English and Italian, the English text being authentic and signed on the . . . at . . . (hour) . . . (time) at . . . (place).

(Signatures)

1. On August 2, 1943, the British Joint Staff Mission at Washington had circulated a paper headed “Document ‘A’” (slightly modified by a corrigendum circulated later the same day) which superseded in later discussions the British draft of “long” or “comprehensive” terms of surrender for Italy which had been circulated as annex i to C.C.S. 258, “Surrender Terms for Italy and Draft Declaration and Proclamation”, June 16, 1943 (not printed). The comments in the memorandum from the Joint Chiefs of Staff to Roosevelt of August 3, 1943, pertain to Document “A”. (740.00119 EW/8–243)
2. Ante, p. 527.
3. i.e., the “short” or “military” terms. See ante, pp. 519, 522.
4. See fn. 6, below.
5. The enclosure is printed from the mimeographed copy transmitted to the Department of State by the War Department on August 3, 1943 (740.00119 EW/8–343).
6. According to a handwritten memorandum of August 3, 1943, from Colonel T. W. Hammond to the Adviser on Political Relations (Dunn), this draft contained changes in Document “A” agreed upon in a meeting held in Dunn’s office on the preceding day, plus two additional changes (printed in italics in articles 3 and 19) suggested by the Operations Division of the War Department General Staff (740.00119 EW/8–343). The suggested changes were indicated in the source text by underscoring proposed additions (here printed in italics) and by showing proposed deletions in canceled type. This document was further modified in a series of drafting meetings and was approved, as revised, at a special meeting of the Combined Civil Affairs Committee on August 21, 1943 (see post, p. 1084). For the final text approved by Roosevelt and Churchill and telegraphed to Eisenhower on August 26, 1943, see post, p. 1161.
7. Ellipses in this paragraph and in articles 44 and 45 appear in the source text.
8. The words in brackets, which had been added in the corrigendum to Document “A” mentioned ante, p. 537, fn. 1, were omitted inadvertently from the draft forwarded to Roosevelt.