Foreign Relations of the United States: Diplomatic Papers, 1944, General, Volume I

740.00119 European War 1939/8–1844

Memorandum by the Combined Chiefs of Staff⁸⁵

Washington, 18 August, 1944.

The Combined Chiefs of Staff consider it important that Allied commanders in the field should be aware of the limitations which it is necessary to impose on the scope of any terms of surrender which may be arranged locally. Without such limitations, terms of surrender locally arranged might later make it difficult to impose the full instrument of surrender upon Germany. Accordingly, the Combined Chiefs of Staff have forwarded the enclosed message to the Supreme Commander, Allied Expeditionary Force, and the Supreme Allied Commander, Mediterranean.

The Combined Chiefs of Staff request that the instructions in the enclosure be communicated to the European Advisory Commission and the Government of the Union of Soviet Socialist Republics for their information.⁸⁶

For the Combined Chiefs of Staff:

A. T. Cornwall-Jones,   Brigadier		A. J. McFarland   Brigadier General, U.S.A.
	Combined Secretariat

[Annex]

The Combined Chiefs of Staff to the Supreme Commander, Allied Expeditionary Force (Eisenhower), and the Supreme Allied Commander, Mediterranean Theater (Wilson)

1. To cover possibility of large scale local capitulations by German forces surrendering as units through their commanders you are sent the following instructions.

2. Essential requirement is that local capitulations should in no way prejudice final terms of total surrender of Germany.

3. Any instrument of local capitulation to be signed by a German commander should be strictly confined to the following stipulations:

a. All forces under his control surrender unconditionally;

b. All forces under his control will lay down their arms and obey all orders issued by the United Nations commander as to their disposal;

c. All aircraft under his control will remain on the ground and personnel will remain in their existing positions pending further instructions;

d. He undertakes to allow no destruction, removal, or concealment of war material or other property;

e. Any United Nations prisoners (or internees) in the hands of his forces, or under his control, will be handed over forthwith;

f. Immediate information shall be given as to the location of all dangers or obstacles to movement on land, at sea and in the air;

g. Any further orders and instructions issued by the United Nations commander will be carried out;

h. The instrument is without prejudice to, and shall be superseded by, any general instrument of surrender imposed by the U.S.A., U.K. and the U.S.S.R., and applicable to Germany and the German armed forces as a whole.

4. Local circumstances at the time may impose some variation on the above stipulations. In particular it may be necessary to instruct the German commander to apprehend and hand over persons in his area who are not strictly speaking under his command, such as SS or Gestapo personnel. For this purpose you have adequate powers under Clause G of paragraph 3 above. The over-riding principles by which you should be guided are as follows:

a. Terms of capitulation must be clearly and expressly limited to immediate military objects of local surrender.

b. You must make no commitment of any kind.

c. Capitulation must be expressly subject to any instrument of total surrender which may later be imposed by United Nations on German High Command and/or Government.

5. Matters relating to the surrender which do not fall within the purview of these instructions will be referred to the Combined Chiefs of Staff for decision.

6. In every case instrument of capitulation should be given some title which emphasizes its purely local character.

85. Addressed to the Department of State and the British Embassy.
86. This was done by telegrams No. 6626 and 6627, August 19, midnight, to London, for the European Advisory Commission, and by a note of August 19 to the Soviet Chargé (Kapustin).