[Annex 1]
Report by the European
Advisory Commission to the Governments of the United States of America, the United
Kingdom and the Union of Soviet Socialist Republics
In virtue of the Terms of Reference of the European Advisory
Commission, agreed upon at the Moscow Conference, the Commission has
given attention to the terms of surrender to be imposed on Germany
and submits herewith, for the consideration of the three
Governments, a draft Instrument entitled “Unconditional Surrender of
Germany”.
We have individually reported to our respective Governments on the
course of the discussions which have resulted in the settlement of
the terms of the draft Instrument. It is unnecessary for us
therefore to rehearse the history of those discussions. It should be
sufficient for us to say that the draft is designed as a
predominantly military Instrument, consisting essentially of three
parts. The first is the Preamble, which includes unqualified
acknowledgment on the part of Germany of the complete defeat of the
German armed forces on land, at sea and in the air. The second part
is a short series of military Articles, which provide for the
cessation of hostilities by all German armed forces, and which will
enable the Allied Representatives to carry out the more immediate
measures of disarmament in Germany. The third part is a general
Article setting forth the supreme authority of the United States of
America, the United Kingdom and the Union
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of Soviet Socialist Republics, with respect to
Germany, including the power completely to disarm and to
demilitarize Germany and to take such other steps as the three
Governments may deem requisite for future peace and security. The
Article further states that the Allied Representatives will present
additional political, administrative, economic, financial, military
and other requirements arising from the surrender of Germany which
the German authorities bind themselves to carry out unconditionally.
The Commission will submit in due course, for the consideration of
the three Governments, drafts of basic Proclamations, Orders,
Ordinances or Instructions laying down additional requirements as
provided in the general Article.
There are three matters in the draft upon which the Commission makes
supplementary observations and recommendations.
I.
The Preamble states that the Allied Representatives, “acting by
authority of their respective Governments and in the interests of
the United Nations, announce the following terms of surrender, with
which Germany shall comply”.
The Commission has considered what action it should take or what
procedure it should recommend in order to give effect to the
statement that the Allied Representatives would be acting “in the
interests of the United Nations”.
In virtue of the discretion extended to it in its terms of reference,
the Commission has, as a first step, addressed a communication, a
copy of which is annexed, to the Governments of Belgium,
Czechoslovakia, Greece, Luxemburg, Netherlands, Norway, Poland and
Yugoslavia and to the French Committee of National Liberation in
view of their special interest in the terms of surrender for
Germany. After taking into account any views expressed in response
to this communication, the Commission will consider further
practicable steps lying within its competence for consultation with
these Governments and authorities, as well as with Governments of
other United Nations.
Note: The Representative of the Union of
Soviet Socialist Republics on the European Advisory Commission
reserves his position in relation to the Polish Government in
London.
II.
Article 2 (b) of the draft Instrument states:—
“The personnel of the formations and units of all the forces
referred to in paragraph (a) above,
shall, at the discretion of the Commander-in-Chief of the
armed forces of the Allied State concerned, be declared to
be prisoners of war, pending further decisions, and shall be
subject to such conditions and directions as may be
prescribed by the respective Allied Representatives.”
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The Commission recommends to the three Governments the following
understanding as regards Article 2 (b):—
“Under Article 2 (b) of the draft
Instrument of Surrender of Germany, there is no obligation
on any of the three Allied Powers to declare all or any part
of the personnel of the German armed forces prisoners of
war: it is their right. Such a decision may or may not be
taken, depending on the discretion of the respective
Commanders-in-Chief. Prisoners of war so declared will be
treated in accordance with the standards of international
law.”
III
Article 11 of the draft Instrument states:—
“The Allied Representatives will station forces and civil
agencies in any or all parts of Germany as they may
determine.”
The Commission will submit for the consideration of the three
Governments a draft Protocol on the Zones of occupation in Germany
and the administration of “Greater Berlin”.
The Commission will also submit for the consideration of the three
Governments a draft Protocol regarding the military occupation of
Austria.
John G. Winant
William Strang
F. Gousev
London
, 25
July, 1944.
[Annex 2]
Unconditional Surrender of Germany
The German Government and the German High Command, recognising and
acknowledging the complete defeat of the German armed forces on
land, at sea and in the air, hereby announce Germany’s unconditional
surrender.
The Representatives of the Supreme Commands of the United States of
America, the United Kingdom and the Union of Soviet Socialist
Republics, hereinafter called the “Allied Representatives,” acting
by authority of their respective Governments and in interests of the
United Nations, announce the following terms of surrender, with
which Germany shall comply:—
Article 1
Germany will cease hostilities in all theaters of war against the
forces of the United Nations on land, at sea, and in the air. The
German Government and the German High Command will at once issue
instructions to all German military, naval and air authorities and
to all forces under German control to cease hostilities at . . . .
hours Central European Time on . . . . . . . (date) . . . . .
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Article 2
- (a)
- All armed forces of Germany or under German control, whereever
they may be situated, including land, air, anti-aircraft and
naval forces, the S.S., S.A. and Gestapo, and all other forces
or auxiliary organisations equipped with weapons, will be
completely disarmed, handing over their weapons and equipment to
local Allied Commanders or to officers designated by the Allied
Representatives.
- (b)
- The personnel of the formations and units of all the forces
referred to in paragraph (a) above shall,
at the discretion of the Commander-in-Chief of the Armed Forces
of the Allied State concerned, be declared to be prisoners of
war, pending further decisions, and shall be subject to such
conditions and directions as may be prescribed by the Allied
Representatives.
- (c)
- All forces referred to in paragraph (a)
above, wherever they may be, will remain in their present
positions pending instructions from the Allied
Representatives.
- (d)
- Evacuation by the said forces of all territories outside the
frontiers of Germany as they existed on the 31st December, 1937,
will proceed according to instructions to be given by the Allied
Representatives.
- (e)
- Detachments of civil police to be armed with small arms only,
for the maintenance of order and for guard duties, will be
designated by the Allied Representatives.
Article 3
- (a)
- All aircraft of any kind or nationality in Germany or
German-occupied or controlled territories or waters, military,
naval or civil, other than aircraft in the service of the
Allies, will remain on the ground, on the water or aboard ships
pending further instructions.
- (b)
- The German authorities will forthwith order all German or
German-controlled aircraft in or over territories or waters not
occupied or controlled by Germany to proceed to Germany or to
such other place or places as may be specified by the Allied
Representatives.
Article 4
- (a)
- The German authorities will issue orders to all German or
German-controlled naval vessels, surface and submarine,
auxiliary naval craft, and merchant and other shipping, wherever
such vessels may be at the time of surrender, and to all other
merchant ships of whatever nationality in German ports, to
remain in or proceed immediately to ports and bases as specified
by the Allied Representatives. The crews of such vessels will
remain on board pending further instructions.
- (b)
- All ships and vessels of the United Nations, whether or not
title has been transferred as the result of prize court or other
proceedings,
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which are
at the disposal of Germany or under German control at the time
of surrender, will proceed at the dates and to the ports or
bases specified by the Allied Representatives.
Article 5
- (a)
- The German authorities will hold intact and in good condition
at the disposal of the Allied Representatives, for such purposes
and at such times and places as they may prescribe—
- (i)
- all arms, ammunition, explosives, military equipment,
stores and supplies and other implements of war of all
kinds and all other war material;
- (ii)
- all naval vessels of all classes, both surface and
submarine, auxiliary naval craft and all merchant
shipping, whether afloat, under repair or construction,
built or building;
- (iii)
- all aircraft of all kinds, aviation and anti-aircraft
equipment and devices;
- (iv)
- all transportation and communications facilities and
equipment, by land, water or air;
- (v)
- all military installations and establishments,
including airfields, seaplane bases, ports and naval
bases, storage depots, permanent and temporary land and
coast fortifications, fortresses and other fortified
areas, together with plans and drawings of all such
fortifications, installations and establishments;
- (vi)
- all factories, plants, shops, research institutions,
laboratories, testing stations, technical data, patents,
plans, drawings and inventions, designed or intended to
produce or to facilitate the production or use of the
articles, materials and facilities referred to in
sub-paragraphs (i), (ii), (iii), (iv) and (v) above, or
otherwise to further the conduct of war.
- (b)
- The German authorities will at the demand of the Allied
Representatives furnish—
- (i)
- the labor, services, and plant required for the
maintenance or operation of any of the six categories
mentioned in paragraph (a) above;
and
- (ii)
- any information or records that may be required by the
Allied Representatives in connection with the
same.
- (c)
- The German authorities will at the demand of the Allied
Representatives provide all facilities for the movement of
Allied troops and agencies, their equipment and supplies, on the
railways, roads and other land communications or by sea, river
or air. The German authorities will maintain all means of
transportation in good order and repair and will furnish the
labor, services and plant necessary therefor.
Article 6
- (a)
- The German authorities will release to the Allied
Representatives, in accordance with the procedure to be laid
down by them, all prisoners of war at present in their power,
belonging to the forces of the United Nations, and will furnish
full lists of these persons indicating
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the places of their detention in Germany
or territory occupied by Germany. Pending the release of such
prisoners of war, the German authorities will protect them in
their persons and property and provide them with adequate food,
clothing, shelter, medical attention and money in accordance
with their rank or official position.
- (b)
- The German authorities will in like manner provide for and
release all other nationals of the United Nations who are
confined, interned or otherwise under restraint, and all other
persons who may be confined, interned or otherwise under
restraint for political reasons or as a result of any Nazi
action, law or regulation which discriminates on the ground of
race, color, creed or political belief.
- (c)
- Without prejudice to the foregoing provisions of this Article
the German authorities will hand over control of the places of
detention there mentioned to such officers as may be designated
for the purpose by the Allied Representatives.
Article 7
The German authorities will furnish to the Allied Representatives—
- (a)
- full information regarding the forces referred to in
Article 2 (a), and in particular will
within twenty-four hours of the time of surrender furnish
all information which the Allied Representatives may require
concerning the numbers, locations and dispositions of such
forces, whether located inside or outside Germany;
- (b)
- complete and detailed information concerning mines,
minefields and other obstacles to movement by land, sea or
air, and the safety lanes in connection therewith. All such
safety lanes will be kept open and clearly marked; all
mines, minefields and other dangerous obstacles will as far
as possible be rendered safe, and all aids to navigation
will be reinstated. Unarmed German military and civilian
personnel with the necessary equipment will be made
available and utilised for the above purposes and for the
removal of mines, minefields and other obstacles as directed
by the Allied Representatives.
Article 8
The German authorities will prevent the destruction, removal,
concealment, transfer or scuttling of, or damage to, all military,
naval, air, shipping, port, industrial and other like property and
facilities and all records and archives, wherever they may be
situated, except as may be directed by the Allied
Representatives.
Article 9
Pending the institution of control by the Allied Representatives over
all means of communication, all radio and telecommunication
installations and other forms of wire or wireless communications,
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whether ashore or
afloat, under German control, will cease transmission except as
directed by the Allied Representatives.
Article 10
The forces, nationals, ships, aircraft, military equipment, and other
property in Germany or in German control or service or at German
disposal, of any other country at war with any of the Allies, will
be subject to the provisions of this Instrument and of any
proclamations, orders, ordinances or instructions issued
thereunder.
Article 11
The Allied Representatives will station forces and civil agencies in
any or all parts of Germany as they may determine.
Article 12
- (a)
- The United States of America, the United Kingdom and the Union
of Soviet Socialist Republics shall possess supreme authority
with respect to Germany. In the exercise of such authority they
will take such steps, including the complete disarmament and
demilitarisation of Germany, as they deem requisite for future
peace and security.
- (b)
- The Allied Representatives will present additional political,
administrative, economic, financial, military and other
requirements arising from the surrender of Germany. The Allied
Representatives, or persons or agencies duly designated to act
on their authority, will issue proclamations, orders, ordinances
and instructions for the purpose of laying down such additional
requirements and of giving effect to the other provisions of the
present Instrument. The German Government, the German High
Command, all German authorities and the German people shall
carry out unconditionally the requirements of the Allied
Representatives and shall fully comply with all such
proclamations, orders, ordinances and instructions.
Article 13
This Instrument will enter into force and effect immediately upon
signature. In the event of failure on the part of the German
authorities or people promptly and completely to fulfil their
obligations hereby or hereafter imposed, the Allied Representatives
will take whatever action may be deemed by them to be appropriate
under the circumstances.
Article 14
This Instrument is drawn up in the English, Russian and German
languages. The English and Russian are the only authentic texts. In
case of any question as to the meaning of any of the provisions of
this Instrument, the decision of the Allied Representatives shall be
final.
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(Date and year) . . . . . . . (Place) . . . . . . .
(Hours—Central European Time).
|
Signed by the Allied Representatives:
|
Signed by the Representatives of the
German Government and the German High Command thereunto
duly authorised:
|
| (Name) . . . . . (Title) . . . |
(Name) . . . . . (Title) . . . |
| (Name) . . . . . (Title) . . . |
(Highest German civil authority) |
| (Name) . . . . . (Title) . . . |
(Name) . . . . . (Title) . . . |
| (Name) . . . . . (Title) . . . |
(Highest German military authority) |
The above text of the Unconditional Surrender of Germany has been
prepared by the European Advisory Commission on the instructions of
the Governments of the United States of America, the United Kingdom
and the Union of Soviet Socialist Republics.
The text of the Unconditional Surrender, as agreed in the English and
Russian languages, consists of fourteen articles and has been
unanimously accepted by the Representatives of the United States of
America, the United Kingdom and the Union of Soviet Socialist
Republics on the European Advisory Commission at a meeting of the
Commission held on the 25th July, 1944 and is now submitted to their
respective Governments for approval.
Representative of the Government of the United States of America
on the European Advisory Commission
John G. Winant
Representative of the Government of the United Kingdom on the
European Advisory Commission
William Strang
Representative of the Government of the Union of Soviet
Socialist Republics on the European Advisory Commission
F. Gousev
Lancaster
House, London.
25 July,
1944.
