Foreign Relations of the United States, 1946, Council of Foreign Ministers, Volume II

C.F.M. Files: Lot M–88: Box 2061: CFM Documents

Protocol Regarding the Revision of the Armistice With Italy⁸⁰

secret
C.F.M. (46) 95

Paris, 16 May, 1946.

Protocol

The Governments of the Union of Soviet Socialist Republics, of the United States of America, of the French Republic and of the United Kingdom, represented at the Council of Foreign Ministers, have agreed on revised terms which modify the conditions of the Armistice with Italy.

The new Armistice terms, a text of which is annexed hereto, will be presented to the Italian Government and, upon acceptance by it, will be signed by the Supreme Allied Commander, duly authorized thereto by the above mentioned Governments, and by the President of the Council of Ministers of Italy./.

• Molotov
• Byrnes
• Bidault
• Bevin

[Annex]

Proposed Agreement Modifying the Italian Armistice Regime⁸¹

Whereas hostilities have ceased;

Whereas after the Armistice, Italian forces contributed to the war against Germany, Italy declared war on Germany as from October 13, 1943, and thereby became a cobelligerent against Germany;

Whereas the Armistice terms have thereby become in part obsolete or have been superseded by events;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 Soviet Socialist Republics and France have agreed to a modification of the Armistice regime in the light of existing circumstances;

Accordingly, the afore-mentioned Governments have decided that the Armistice terms shall be modified as follows, pending the coming into force of a Treaty of Peace:⁸²

I. The additional conditions of Armistice of September 29, 1943, are hereby abrogated.

II. Relations between the United States, United Kingdom, Soviet and French Governments, acting in the interest of the United Nations, and Italy, shall be governed by the Armistice of September 3, 1943, as modified by the present agreement.

III. The Allied Commission is hereby abolished.

A. A special section of Allied Forces Headquarters under the orders of the Supreme Allied Commander who will act as Chairman, shall be established to assume the control functions of supervision and direction of the Italian armed forces heretofore exercised by the land, navy and air force subcommissions in the Allied Commission. This section shall control 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 shall remain as at present under the command and control of the Supreme Allied Commander.⁸³

C. Pending the coming into force of a Treaty of Peace, Allied Military Government shall be continued under the Supreme Commander, Mediterranean, in Venezia Giulia, and in the Province of Udine.⁸⁴

IV. The provisions of the present instrument shall not apply in or affect the administration of any Italian colony or dependency.

V. 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 the Allied forces required for the⁸⁵ Allied lines of communication to Austria.

VI. Italian prisoners of war now held under the jurisdiction of the United States, United Kingdom, the Soviet Union and France shall be repatriated as soon as possible.

VII. The Government and people of Italy will abstain from all acts detrimental to the interests of the United Nations or of their nationals.

VIII. The Italian Government will cooperate in the apprehension and surrender for trial of, or in making available as witnesses, Italian subjects or nationals of States at war with the United Nations designated by the United Nations’ War Crimes Commission or the International Military Tribunal established by the agreement signed at London on August 8, 1945.

IX. The Italian Government will provide, at its own expense, all necessary facilities for, and will cooperate with the United Nations in the search for and restitution of property wrongfully removed from the territories of the United Nations and located in Italian territory.⁸⁶

X. 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 forms 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.

XI. The present agreement shall be without prejudice to any claims of any of the United Nations against Italy arising out of hostilities conducted in or by Italy and shall in no way affect the final disposal of Italian territory or property, nor shall it impair any limitations or restrictions which may be imposed upon Italy in the Treaty of Peace.

XII. The present agreement shall enter into force upon signature thereof by the President of the Council of Ministers of Italy, and by the Supreme Allied Commander in Italy duly authorized thereto by the Governments of the United States, United Kingdom, Union of Soviet Socialist Republics and France, and shall remain in force until superseded by other arrangements or until the coming into force of the Peace Treaty with Italy.⁸⁷

80. This protocol was signed by the Council of Foreign Ministers at its meeting on May 16, 1946, 5 p.m.; see the United States Delegation Record of that meeting, p. 433. The decision to prepare a protocol was made by the Council during its 18th Meeting, May 15, 1946, 5 p.m.; see the United States Delegation Record and the Record of Decisions of that meeting, pp. 402 and 420.
81. The Secretary of State originally circulated a United States draft revision of the Italian armistice conditions at the 1st Informal Meeting of the Council of Foreign Ministers, May 2, 1946, 5 p.m.; see the United States Delegation Record of that meeting, p. 214. That earliest United States draft, which received no Council document designation, is not printed. Secretary Byrnes subsequently circulated a slightly revised United States draft at the 17th meeting of the Council, May 14, 1946, 4 p.m.; see the United States Delegation Record and the Record of Decisions of that meeting, pp. 382 and 392. The United States redraft, designated C.F.M. (46) 84, May 14, 1946, not printed, was discussed and amended by the Council at its 18th meeting, May 15, 1946, 5 p.m.; see the United States Delegation Record and the Record of Decisions of that meeting, pp. 402 and 420. Differences between C.F.M. (46) 84 and the text of the proposed agreement as finally approved by the Council of Foreign Ministers are indicated in the following footnotes. The proposed agreement was, in fact, never signed by the Italian Government; for further documentation on the subject, see vol. v, pp. 825 ff.

82. In C.F.M. (46) 84, this paragraph read as follows:

    “It is considered that the Armistice terms should be modified by an interim agreement pending the coming into force of a definitive treaty of peace.” (C.F.M. Files: Lot M–88: Box 2061: CFM Documents)

83. In C.F.M. (46) 84 this paragraph read as follows:

    “B. The employment and disposition of the Italian Navy shall be under the command and control of the special section, authorized and directed to be established in accordance with subsection A above.”

84. In C.F.M. (46) 84 this paragraph read as follows:

    “C. Pending the coming into force of a treaty of peace, Allied Military Government shall be continued under the Supreme Commander, Mediterranean, in Venezia Giulia and so long as military necessity may require in the Province of Udine.”

85. At this point, C.F.M. (46) 84 contained the additional words “maintenance of”.

86. In C.F.M.(46) 84 this paragraph read as follows:

    “IX. The Italian Government will cooperate with the United Nations in, and will provide at its own expense for, the search for and restitution of property wrongfully removed from the territories of the United Nations and located in Italian territory.”

87. In C.F.M. (46) 84 this paragraph read as follows:

    “XII. The present agreement shall enter into force upon signature thereof by the President of the Council of Ministers of Italy, and by the Supreme Allied Commander in Italy, and shall remain in force until superseded by other arrangements or until the coming into force of the peace treaty with Italy.”