Foreign Relations of the United States: Diplomatic Papers, 1945, European Advisory Commission, Austria, Germany, Volume III

740.00119 EAC/4–1545: Telegram

The Ambassador in the United Kingdom (Winant) to the Secretary of State

London, April 15, 1945—11 p.m.
[Received April 15—9:03 p.m.]

3864. For the Secretary, Assistant Secretary Dunn and Mr. Matthews. Special German Series 6.

During the negotiations on the instrument of unconditional surrender for Germany several alternative situations were envisaged. In order to facilitate agreement it was agreed to draw up an unconditional surrender instrument on the assumption that a German Government or a German High Command or both would be available to sign it. A contrary assumption, namely that there will be no authority capable of signing on Germany’s behalf, must now be urgently considered.

After long thought by the Foreign Office and United Kingdom legal authorities the United Kingdom representative in the European Advisory Commission circulated a draft proclamation to be considered for possible assurance [issuance] in case no German signature could be secured. This document was forwarded in my despatch No. 22112 of April 2 (EAC 45/28 of March 30).

In conjunction with certain other matters in controversy between the United States, United Kingdom and Soviet Governments, this new draft gave rise to great agitation in the Soviet Government (my 3405, April 4, noon). Certain modifications in the terms, and particularly the omission of the words “unconditional surrender”, were especially unfortunate.

I and my advisers have given long thought to this question, and in early February the United States side of SHAEF, after consultation with my advisers, also drew up a proclamation for possible use in place of the instrument. We have been guided by the idea of making the minimum number of changes possible. I should appreciate Department’s most urgent consideration of these proposed changes in the instrument of July 25, 1944.

(1) Substitute following preamble: “The German Armed Forces, having been completely defeated on land, at sea and in the air, and Germany having been rendered powerless to continue organized resistance, the representatives of the Supreme Commands of the United Kingdom, the United States of America, the Union of Soviet Socialist Republics and the French Republic, hereinafter called the ‘Allied representatives’, acting by authority of their respective governments and in the interests of the United Nations, announce the complete defeat of Germany and direct that the German people, all German civil and military authorities and the German armed forces, hereinafter called collectively the ‘German authorities and people’, shall comply with the following requirements of unconditional surrender”.

(2) Substitute following for article 1: “Germany, and all German military, naval and air authorities and all forces under German control, will immediately cease hostilities in all theaters of war against the forces of the United Nations on land, at sea and in the air. The German authorities and people will comply at once with all instructions issued by the Allied representatives to give effect to the cessation of hostilities. Further resistance to the forces of the United Nations and failure to comply with such requirements or orders will be considered as violations of the laws of war and will be dealt with accordingly.” Final sentence of article 1 is a net addition to the instrument. General Bedell Smith and United States side of SHAEF feel strongly that it must be included in order to “put teeth” into the proclamation.

(3) Omit “at the time of surrender” in articles 4 A, 4 B, 7 A.

(4) Insert “and people” after “German authorities” in articles 5 A, 5 B, 5 C, 6 A, 6 B, 8.

(5) Change “instrument” to “proclamation” in articles 10, 12 B, 13,14.

(6) In article 2 A, change “be completely disarmed” to “disarm completely”.

(7) In article 3 B, omit first six words; change “to proceed” to read “will proceed”.

(8) In article 4 B, omit first seven words; change “to remain” to read “will remain”.

(9) In article 12 A, insert “the French Republic.”

(10) In article 12 B, change “present” to read “impose;” substitute “complete defeat” for “surrender”; in last sentence omit “German Government command all”; omit “the German” before people.

(11) In article 13 omit “immediately upon signature”; insert “at blank hours, Central European Time, on blank date.”

(12) In article 14 insert “French”.

(13) Omit places for German signatures; add place for French signature. End of changes in text.

In working out this adaptation only two changes have been made in substance, one in the preamble and one in article 1. The addition in the preamble is: “Germany having been rendered powerless to continue organized resistance”. The addition in article one is the new last sentence. General Eisenhower and General Smith, who have been consulted in the last two days by General Meyer and Colonel Hammond,⁴³ feel that these two additions are essential in order to enable the occupying forces to suppress any guerilla warfare which might continue after the cessation of organized resistance. All other changes are those required to change the instrument into a proclamation for unilateral issuance. If this document is to be negotiated rapidly or successfully with the Russians, any changes must be kept to the absolute minimum.

General Eisenhower feels that from an operational standpoint there is still some time, perhaps a few weeks, before such a proclamation should be issued. He is fully in accord that this proclamation can be issued only by agreement of the four governments, since it provides for their jointly taking full power over Germany, and that the exact time of its issuance should be agreed between SHAEF and the Soviet High Command. He feels, however, and I fully concur, that the necessity for earliest possible negotiation of this proclamation in the European Advisory Commission is very urgent. For that reason I hope the Department will let me have immediately its comments and suggestions on these proposed modifications in the wording of the instrument of unconditional surrender.

Winant

43. Col. Thomas W. Hammond, Jr., Assistant Military Adviser to the United States Representative on the European Advisory Commission.