Office of the Historian

740.00119 E.A.C./12–3044

Memorandum by the French Representative to the European Advisory Commission (Massigli)18

E.A.C. (44) 47
London, 29 December, 1944.19

Germany: Terms of Surrender and Machinery for Their Enforcement

The French Representative on the European Advisory Commission has made a close study of the document of 25th July, 1944* laying down the Terms of Surrender to be imposed on Germany; he is happy to be able here and now to inform the Commission that, subject to a few amendments to be communicated later, most of them dealing with the decisions to be taken regarding the draft “General Orders” tabled with the Commission, the clauses adopted meet the views of the French Government.

2.
As regards the documents adopted on 12 September† and 14th November‡ last, while the French Delegation wishes, before expressing an opinion, to have a further opportunity of studying them more closely, it must nevertheless draw the Commission’s attention forthwith to an essential point.
3.
As adopted, the Instrument of Surrender would be signed only by the Representatives of the American, British and Soviet Supreme Commands, who alone would exercise supreme authority in Germany on behalf of their respective Governments. Similarly, the occupation of Germany and the administration of that country by the Allies is to be on a tripartite basis.
4.
Following the French Committee of National Liberation, the Provisional Government of the French Republic has already on several occasions emphasised the importance, both from the political and moral standpoints, of France being associated from the outset with an event which will be vitally important to her, as it will decide for the near future the relations between France and Germany which have for centuries weighed so heavily on the fate of Europe.20
After the distressing events of 1940, after four years during which the Germans believed they had finally crushed French strength, it [Page 428] is essential for the maintenance of European peace, that the German nation should see French soldiers among its conquerors.21 For the French people who have suffered so much under enemy occupation and who, as the Allies have generously admitted, have played an important part in freeing their own country, the fact of being fully associated in the common victory will constitute both a promise of increased security and the beginning of reparation for sufferings undergone.
5.
The Allied Governments, moreover, must realize the anxiety of France to take an ever-increasing part in the common war effort and her wish to bring fresh units into action, insofar as the Allies enable her to equip and arm them. It can, therefore, reasonably be assumed that, when Germany surrenders, the French forces at the front will be very substantially greater than at present.
6.
Following on the foregoing considerations, the cogency of which he believes the members of the Commission will recognise, Monsieur Massigli has the honour to suggest to the U.S.A., the U.K. and U.S.S.R. Representatives on the Commission the adoption of the following recommendations:—
(a)
The Provisional Government of the French Republic shall share with the U.S.A., the U.K. and the U.S.S.R. supreme authority in Germany;
(b)
The Instrument of Surrender shall also be signed by a Representative of the French Command; the relevant amendments to be introduced in the text of this Instrument as already adopted, more particularly in the second paragraph of the Preamble and in paragraph (a) of Article 12;
(c)
A zone of occupation, the boundaries of which will be fixed later, shall be assigned to the French army which shall also take part in the occupation of Greater Berlin; the Protocol of 12th September§—14th November║ to be amended accordingly;
(d)
Similarly, the Agreement of 14th November, 1944 on Control Machinery in Germany shall be amended so as to substitute quadripartite for the tripartite agencies at present provided for;
(e)
the Instrument of Surrender shall be drawn up not only in English, Russian and German, but also in French, the French text being equally authentic with the English and Russian texts.
There shall be an authentic French text of all instruments finally adopted by the Commission, which will have the same validity as the English and Russian texts.
[Page 429]

The members of the Commission will shortly receive draft amendments to the texts already adopted, based on the above recommendations.

M[assigli]
  1. Transmitted to the Department by the Ambassador in the United Kingdom in his despatch 20145, December 30, 1944; received January 8, 1945.↩
  2. Memorandum circulated in the European Advisory Commission by the French Representative on December 27.↩
  3. E.A.C. (44) 7th Meeting. [Footnote in the original.]↩
  4. E.A.C. (44) 9th Meeting. [Footnote in the original.]↩
  5. E.A.C.(44) 10th and 11th Meetings. [Footnote in the original.]↩
  6. For correspondence regarding French participation in the activities of the European Advisory Commission, see pp. 85 ff.↩
  7. In agreeing to publication in the present volume of this document (as translated into English in 1944, presumably by the secretariat of the European Advisory Commission) the French Ministry of Foreign Affairs suggested that “victors” would be a more correct rendering of “vainqueurs” than “conquerors” (airgram A–371, August 14, 1964, from Paris).↩
  8. E.A.C.(44) 9th Meeting. [Footnote in the original.]↩
  9. E.A.C.(44) 12th Meeting. [Footnote in the original.]↩
  10. E.A.C. (44) 11th Meeting. [Footnote in the original.]↩