Office of the Historian

740.00119 European War 1939/12–745: Telegram

The Secretary of State to the Ambassador in Italy (Kirk)

Washington, December 10, 1945—5 p.m.

2312. For Amb. from Dowling. Urtel 3946 Dec 7. Text of proposed agreement, which is still under discussion, follows:

“Whereas hostilities have ceased;

Whereas Italy, as a cobelligerent in the war against Germany, has cooperated loyally with the United Nations and has contributed materially towards the final victory over the common enemy;

Whereas the Armistice terms have thereby become in part obsolete or have been superseded by events;

Whereas the Government of Italy has requested and the Governments of the United States, United Kingdom, Union of Socialist Soviet Republics, and France have agreed to a modification of the Armistice regime in the light of existing circumstances;

It is considered that the Armistice terms should be abrogated and should be replaced by an interim agreement pending the coming into force of a definitive treaty of peace.

I.
The Armistice of September 3, 1943, and the additional terms of surrender of September 29, 1943, are hereby abrogated.
II.
The present agreement shall govern the relations between the United States, United Kingdom, Soviet and French Governments, acting in the interest of the United Nations, and Italy pending the coming into force of a definitive treaty of peace.
III.
The Allied Commission is hereby abolished.
A.
special section, with the Supreme Allied Commander as Chairman, composed of representatives of the armed forces of the United States, United Kingdom, the Soviet Union and France, shall be established at Allied Force Headquarters to assume the functions of organization and command of the Italian armed forces heretofore exercised by the Land, Navy, and Air Force Subcommissions of the Allied Commission. This section shall direct the size and character of all Italian armed forces and shall control the production of armaments.
B.
The employment and disposition of the Italian Navy and the Italian merchant fleet shall continue to be subject to the terms of the Cunningham–De Courten Agreement of September 17 [23] 1943.
C.
Pending the coming into force of a treaty of peace, Allied Military Government shall be continued under the Supreme Allied Commander in Venezia Giulia, the Dodecanese Islands, and in Italian overseas territory. Allied Military Government shall likewise be continued in the Province of Udine so long as military necessity may require.
IV.
Simultaneously with the coming into force of the present agreement, further agreements shall be concluded between the United States and Italy, and between the United Kingdom and Italy, providing for the maintenance in Italy of Allied forces under redeployment, and for the retention of Allied forces required for the maintenance of Allied lines of communication to Austria.
V.
Italian prisoners of war now held under the jurisdiction of the United States, United Kingdom, the Soviet Union, and France shall be repatriated as promptly as transport facilities permit.
VI.
The Government and people of Italy will abstain from all acts detrimental to the interests of the United Nations.
A.
The Italian Government will cooperate in the apprehension and surrender for trial of Italian subjects declared by the War Crimes Commission to be war criminals. The Italian Government will likewise endeavor to make available to the competent courts Italian subjects who may be desired as witnesses in war crimes trials.
VII.
The Italian Government, in full recognition of the absolute and untrammeled right of the people of Italy to choose by constitutional means the form of democratic government they desire, hereby renews its pledge to submit to the will of the people. To this end, the Italian Government undertakes to provide through free elections for an expression of the popular will on the democratic form of government to be chosen by the people, it being understood that the choice shall be decided by the majority of the popular vote, which shall be binding upon the present government and upon the bodies constituted through such elections.
VIII.
The present agreement shall be without prejudice to any claims of any of the United Nations against Italy arising out of hostilities conducted by Italy and shall in no way affect the final disposition of Italian territory, nor shall it impair any limitation or restriction which may be imposed upon Italy in the treaty of peace.”

Since text has not reed final approval in Dept it should not be shown outside Embassy. [Dowling.]

Byrnes