J.C.S. Files
Memorandum by the United States Chiefs of Staff1
C.C.S. 339
Directive for the Control Commission and AMG in Italy
1. It is necessary that General Eisenhower be furnished immediately with a Directive for his use in the event that the Conditions of Surrender are accomplished. The Directive should inform him:
- a.
- Whom he shall designate as Military Governor for occupied Italy.
- b.
- The Basic Organization of the Control Commission and its relationship with Allied Military Government and the Italian National Government, as General Eisenhower requested in his Naf 340.2
facts bearing on the problem
2. a. General Eisenhower, pursuant to the Directive furnished him for Husky , established Allied Military Government. He designated [Page 1270] General Alexander as Military Governor and empowered him to exercise the functions of Allied Military Government in Sicily. Recently General Eisenhower requested authority to extend the jurisdiction of Allied Military Government under General Alexander to areas of continental Italy captured in the near future. General Eisenhower was given such authority. General Eisenhower cabled that he did not intend that the authority given the Commanding General, 15th Army Group, would include supervision of the Italian National Government.
b. General Eisenhower, in his Naf 340, outlined his preliminary plans for handling the Control Commission, Allied Military Government in Italy, and the Italian Government. This planning has been done in the absence of any such Directive from the Combined Chiefs of Staff. A reply3 to Naf 340 has been sent to General Eisenhower, which confirms his present planning program, but which does not constitute an adequate Directive. The reply states that he will receive such a Directive in the near future.
discussion
3. a. Control Commission
The Control Commission referred to in this Paper is created by the authority contained in Paragraph 37 of the comprehensive surrender terms Document4 in General Eisenhower’s possession and is quoted herewith:
“37. There will be appointed a Control Commission representative of the United Nations, charged with regulating and executing this instrument under the orders and general directions of the Allied Commander in Chief.”
With reference to the term “United Nations” mentioned above, the Document states in the preamble that the United States and United Kingdom governments are acting on behalf of the United Nations. This explains the reason for establishing a Control Commission consisting of personnel furnished generally by the U.S. and U.K.
b. Jurisdictional Authority of AMG and the Control Commission The jurisdictional authority of the Control Commission, the Allied Military Government in Italy (AMG), and the Italian Government can be explained as follows:
- (1)
- The Control Commission is charged in the Instrument of Surrender with regulating and executing its provisions. Therefore, the Commission enforces the Surrender Conditions; it does not govern. The Commission operates under the orders and general directions of the Allied Commander in Chief. In the performance of its duties, the [Page 1271] Commission functions through existing governmental agencies, whether it is territory being governed by the Italian Government, or by AMG.
- (2)
- AMG is a governing body, and constitutes the sovereign authority in occupied Italy.
- (3)
- The Italian Government constitutes the sovereign authority in unoccupied Italy.
- (4)
- The Control Commission operates throughout Italy and makes use of both governments as its operators in order to assure compliance with the provisions of the Surrender Terms. The Control Commission is not an administrative governmental agency, and does not infringe upon the functions of the Italian Government or AMG.
- (5)
- The division of Italy into occupied and unoccupied areas is based on military considerations and not on economic self-sufficiency. Hence it is of the utmost importance that there be close coordination between the policies and operations of AMG, the Italian Government, and the Control Commission.
conclusion
4. a. Conflicts in the operation of AMG and the Control Commission may well ensue in actual practice unless one individual is the head of both agencies. To insure complete cooperation and coordination between AMG and the Control Commission, and to insure that the same policies prevail in both occupied and unoccupied territories, it is proposed that General Eisenhower designate an American officer of high rank to serve both as Military Governor of Italy and Deputy President of the Control Commission.
b. The Enclosure is a proposed Directive to General Eisenhower.
c. We are informed that the British members of the Combined Civil Affairs Committee concur in the proposed Directive subject to comment from London.
recommendation
5. That the Combined Chiefs of Staff approve the enclosed Directive and submit it to the President and the Prime Minister for their approval.