740.0011 EW 1939/32556½: Telegram

The Combined Chiefs of Staff to the Commander in Chief of the Allied Forces in North Africa (Eisenhower)

For Eisenhower Freedom Algiers, Fan 311, from the Combined Chiefs of Staff. The following views of the governments of the United States and United Kingdom as to the treatment to be accorded the Vatican City State and Vatican property are transmitted for your guidance:

A.
The Vatican City State should be treated as an independent neutral state entitled to the normal rights of a neutral.
B.
The Allied forces must take every precaution to avoid violating the territory of the Vatican City as defined in article 3 A.D. Annex 1 of the Lateran Treaty of the February 11th, 1929.
C.
Allied troops must also avoid a number of other churches and buildings in Rome, which are situated outside the boundaries of the Vatican City but are the property of the Holy See. These properties are defined in Articles 13–16 and Annexes 2 and 3 of the Lateran Treaty. They are not part of the Vatican City and, strictly speaking, have no international status as neutral territory. But under the Lateran Treaty these properties are entitled to full diplomatic immunity and must therefore be treated in exactly the same way as the Vatican City itself, after the assault upon Rome. While every precaution to avoid violating the territory of the Vatican City during the assault upon Rome must be taken, the diplomatic immunity of Vatican properties located in Rome should not be allowed to interfere with military operations, artillery fire, bombing, et cetera, during the assault. A complete list of these properties will be transmitted to you.
D.
In order to insure that the neutrality of the Vatican City State is respected pickets should be posted at its boundaries by agreement with the Vatican authorities. Pickets should also be posted at the entrances to all the buildings described in C above and all troops should be warned that these properties, although lying outside the Vatican City, belong to the Holy See and are to be accorded the same immunities as the Vatican City itself after the period of assault. Arrangements should also be made with the Vatican for these buildings to be clearly marked so that they are easily identifiable by Allied troops.