Foreign Relations of the United States: Diplomatic Papers, 1943, Europe, Volume II

740.00119 European War 1939/2017

The Belgian Embassy to the Department of State ^48a

D. 8248
No. 5951

The Belgian Government have just learned of the instrument signed on September 29, 1943, which completes the terms of the Armistice with Italy of September 3, 1943, by terms of a political, economic, and financial nature. In the preamble it was stated that the Allied signatories or signatory duly authorized to that effect were acting “on behalf of the United Nations”.

The Belgian Government consider it to be their duty to leave no doubt that they cannot agree to this procedure. They express their earnest hope that it may not serve as a precedent for similar action in future cases.

The Belgian Government fully understand that when urgency and secrecy are paramount considerations in view of military action, measures may have to be concerted by the High Command of the principal belligerents or by their governments without the foreknowledge of the governments of the other United Nations concerned. Owing to their full understanding of this point they not only raised no objection to the original Armistice terms being determined without their participation but were even in favour of that procedure on that particular occasion. In so far, however, as previous consultation may be possible, the Belgian Government will always expect to be consulted in good time.

The Belgian Government are of the opinion that considerations of urgency and secrecy in view of military action did not exist when the further political, economic, and financial terms signed on September 29 were determined. They, therefore, consider that they should have at least been given a timely opportunity of expressing their views.

The Belgian Government wish to state that with one exception they agree with the said further terms which have been handed over. The exception concerns clause 28 paragraphs B and C in so far as these refer to Belgian nationals.⁴⁹ The number of Belgian nationals in Italy is small and comprises mainly persons known to the Belgian Government as good citizens opposed to totalitarian ways of thought and glad to see fascist rule come to an end. It is unacceptable to the Belgian Government that such persons should be considered to deserve internment and the impounding of their property pending further instructions.

The Belgian Government, moreover, have been painfully surprised by the discrimination made a priori as between civilian nationals of occupied countries and those of non-occupied countries as if there were a generally valid presumption of suspicion against the former, whereas the latter are presumed to be above suspicion. They can, for instance, see no valid reason why in Italy those Belgian subjects to whom reference was made at the end of the preceding paragraph should be treated more stringently than civilian nationals of an unoccupied country in the same circumstances.

It is therefore suggested that paragraphs B and C of clause 28 be so amended or applied that Belgian civilian nationals found in Italy should not be considered as suspect unless indications to that effect are forthcoming.

The Belgian Government intend to send Mr. G. Carlier, former Secretary of the Belgian Embassy at Rome, as acting Consul General, to the Allied authorities in Italy. The Belgian Government suggest Jiat Mr. Carlier be consulted on all matters concerning civilians of Belgian nationality, in order that undeserved and unjustified trials should not be inflicted upon persons who are good citizens and who are no less devoted to the cause of the United Nations than are the nationals of the principal belligerent states among the United Nations.

Washington , December 3, 1943.

1. A similar note from the Netherlands Embassy dated December 3, 1943, not printed.

49. Paragraph “B” of clause 28 reads: “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.” Paragraph “C” reads: “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.”

    The phrase “any such country or occupied country” refers to “any country against which any of the United Nations is carrying on hostilities or which is occupied by any such country.”