740.00119 EW/10–1445: Telegram
The Ambassador in Italy (Kirk) to the Secretary of State
[Received October 15—5:20 p.m.]
3086. AC (Allied Commission) received yesterday message from AFHQ (Allied Force Headquarters) stating that telegram had been received from Agwar79 to effect that pressure was being exerted in US to bring about publication of armistice terms. In this connection AFHQ informed AC that meeting is being held tomorrow to discuss matter and asks AC for its views. Finally AFHQ remarks that preliminary view at Caserta is that no strictly military considerations prevent publication of terms provided Allied Govts consider such step politically desirable.
Following receipt of this communication AC called meeting of staff heads to examine question. Stone took line that, while publication appeared desirable and perhaps necessary, publication of long armistice terms without explanatory material accompanying text would be undesirable and for this reason instructed Commission [Page 1066] to prepare for AFHQ detailed analysis of operation of armistice, indicating specifically which terms might be considered obsolete, which had been modified and which must stand. It was generally admitted that if outline of interim regime to replace armistice could be concurrently announced excellent effect would be produced; however, it was agreed that no such action was possible as approved plan for interim regime did not exist. British political adviser stressed that obtaining approval of interim regime was further complicated by necessity of bringing Soviet Govt into consultations.
Therefore, conclusion was reached that, from average point of view of practicability and desirability, publication of long terms with full explanation of present status of each article was most satisfactory course. At same time it was agreed to recommend that Cunningham-De Courten agreement80 covering status of Italian Navy, Eisenhower letter of September 29, 1943, to Italian Govt,81 Fan 487 (Macmillan aide-mémoire of February 24, 1945)82 and substance of Fan 58383 regarding Italian financial setup, should also be published. Armistice terms to be released would be original long terms as amended by protocol of November 9, 1943.84 All present agreed that closest contact should be maintained with Italian Govt and that any press release covering aforementioned material should be made in full accord with Italian Govt and following its agreement. (See my 3054 of October 11.)85 It was further the consensus in AC that if possible Italian Govt should appear to take lead in bringing about publication, although actual release of terms, explanatory information and other aforementioned material should probably come from Allied sources.
In view of foregoing AC meetings examined long terms in detail and authorized Executive Commission to proceed to Caserta and inform AFHQ of its sentiments, with following specific notes on explanatory statement to be issued concomitantly with long terms. (In this connection Dept’s 1730 of October 2—substance of which was already familiar to British political adviser—was borne in mind by my representative and all articles which Dept indicated in its 1730 should be maintained were safeguarded.) Articles which had been specifically modified or altered in practice were subject of special notes, prepared by appropriate sub-commissions, which will be transmitted when final text is available.
[Page 1067]Thus following terms of armistice86 were, in opinion of AC, obsolete and public statement to that effect was recommended: 1, 2, 3, 4, 5, 9, 12, 25, 27, 28 A, 28 B, 32 A, 41, 42. On these articles AC felt terms were either no longer applicable or commitments thereunder had been completed. Article 12 was now thought to be part of normal business of Italian Govt.
All other articles it was decided should not be eliminated entirely although many were substantially modified. Articles 10, 11, 13, 17, 21 A, 21 B, 28 D, 29, 33 A, 34, 35, 43, 44 were left substantially without comment except as follows:
Article 10 is entirely in Italian interest;
Final sentence of article 11 is somewhat modified in practice since much of war material has been turned over to Italian Govt;
It is noted 21B has not generally been applied;
AC desires to point out under article 34 that recreation of Italian armed forces has played larger role than demobilization thereof.
AC had no comment on articles 22 (never evoked), 33 A, 38 A, 38 B, 39, 40 which presumably will remain.
Remaining articles were commented upon as follows:
6—not generally operative;
7—modified by Cunningham-De Courten agreement;
8 modified in practice by Air Forces subcommission which has extended operations of Italian Air Force;
14 A and 14 B modified in practice;
15 modified by Navy Subcommission insofar as fishing vessels are concerned;
16 greatly modified since control is maintained only over frequency allocations, and general right of supervision over communications is maintained only in AMG territory;
18 generally stands although AC points out that provision regarding request for withdrawals of Italian forces have been applied only in two restricted cases (Venezia Giulia and Italo-French border area).
19 generally stands although operations of local resources board have eased requirements on Italy and permitted Allied authorities to requisition supplies, generally, in consultation with Italians;
20 turnover of territory to Italian Govt and Fan 487 have greatly modified provisions;
23 modified by Fan 583;
24 stands but slightly changed by Fan [Tam] 640 insofar as provisions affecting private trade are concerned;
26 Allied authority not generally required although control still exercised through Allied hold on transportation facilities; 28 C modified in practice;
30 stands although AC points out provisions affecting Fascist organization are almost obsolete;
31 stands except for final sentence which is altered by Fan 487;
32 B almost completed;
[Page 1068]32 C modified since much of property has been turned over to Italian Govt; 33 B modified somewhat by Fan 583;
36 modified insofar as Italian civil authorities are concerned by Fan 487 through provisions affecting military remain intact;
37 control by Allies altered through changing ACC to AC.
Sent Dept; repeated to London 272; Caserta 815.
- Adjutant General, War Department↩
- For text of agreement, dated September 23, 1943, see Treaties and Other International Acts Series (TIAS) No. 1604, or 61 Stat. (pt. 3) 2766.↩
- For General Eisenhower’s letter to Marshal Badoglio, September 29, 1943, see TIAS No. 1604, or 61 Stat. (pt. 3) 2760.↩
- Fan 487, January 31, 1945, not printed, but for the aide-mémoire of February 24, 1945, which was based on Fan 487, see p. 1244.↩
- Dated July 3, 1945, p. 1266.↩
- For text of protocol of November 9, 1943, see TIAS No. 1604, or 61 Stat. (pt.3) 2761.↩
- Not printed.↩
- TIAS No. 1604; 61 Stat. (pt. 3) 2742.↩