Foreign Relations of the United States, 1946, Paris Peace Conference: Proceedings, Volume III

CFM Files

United States Delegation Journal

September 17, 1946, 10 a.m.

USDel (PC) (Journal) 44

The Commission began final approval of the Italian Treaty.

General Theron, (South Africa) proposed that Articles 49, 50, 51 and Annex 4 A of the Italian Treaty be discussed by a naval subcommittee. This proposal was withdrawn when it was opposed by General Slavin (USSR) and Admiral Conolly. General Theron then introduced his amendment to Article 39 which proposed a five-year time limit for maintenance in force of the provisions of the article after which time the Security Council could modify them.²² After some debate during which Mr. Alexander (UK) and General Slavin opposed the amendment, a vote was taken and the South African amendment was defeated by a vote of 16–4, with Australia, the Netherlands and New Zealand supporting South Africa and Brazil absent. Article 39 was then finally accepted. The South African amendment to Article 40 was defeated with the French Delegation being most prominent in opposition. The vote was 19 against, 1 for, and 1 absent. Article 40 was then adopted with the amendment of the French [US] Delegation previously accepted by the Commission.²³

General Theron withdrew his amendments to Articles 41 and 43 since the principles involved had been rejected by the Commission. Article 41 was then adopted with the correction which had been accepted in the 7th meeting. Article 42 was accepted unanimously.

The New Zealand amendment to Article 43 was withdrawn following explanation of the wording of the Article by the French Delegate and Article 43 was adopted.²⁴ Articles 44 (new draft by UK), 45, 46, 46A and 46B were adopted without discussion.

Admiral Manola (Yugoslavia) asked that discussion of the Yugoslav amendment to Article 47 [C.P. (Gen.) Doc.1.U.15], based upon the Albanian memorandum, be discussed in connection with Annex 4A, rather than with Article 47. The Chairman proposed going on to Article 48. General Theron said that the draft treaty treated the Italian fleet as war booty and moved the amendment suggested by the Italian memorandum as a new paragraph. Captain Pryce (US) spoke in opposition to the South African amendment saying that the U.S. Delegation believed it was in disagreement with the terms of surrender signed by Italy, and General Theron withdrew his amendment following this statement. Article 48 was adopted in its original form. The South African amendment to Article 49 which proposed that Italy be allowed to salvage submarines and their equipment for use of the steel, machinery, etc., was rejected by 17–1, with 2 abstentions (Belgium, Netherlands), Brazil absent. The U.S. amendment to Article 48 [49]²⁵ was accepted by a vote of 19–1, after Mr. Alexander had said there was no disagreement between UK and US, Byelo-Russia against,²⁶ Brazil absent. Article 49 was adopted as amended, the word “ships” being replaced by the words “naval vessels”. Next meeting was set for 10:00 a.m., September 18.

22. All South African amendments to the military clauses of the Italian Treaty were contained in C.P. (Mil) Doc. 9, September 14. The introduction of that document was as follows:

    “The South African Delegation, after hearing the observations of the Italian Delegation on the following articles, submits that they merit further consideration and therefore moves that they be considered as amendments, as revised in certain instances. The South African Delegation in bringing these proposals as amendments before the Commission, is weighed thereto by the fact of Italy’s two years’ co-belligerency with the Allies, and which we regard as having been given but scant recognition in the proposals by the Council of Foreign Ministers.”

    The amendments proposed were those contained in Part II of Observations on the Draft Peace Treaty with Italy by the Italian Government, vol. iv, p. 117.

23. Regarding the Commission’s previous consideration of article 40, see the United States Delegation Journal accounts of the 6th Meeting, August 29, and the 7th Meeting, August 31, pp. 309 and 329, respectively.

24. The amendment proposed to revise paragraph 4 as follows:

    “4. In Sicily and Sardinia Italy shall be prohibited from constructing any permanent naval, military and air-force installations or fortifications except for such accommodation for security force as may be required for tasks of an internal character.”

25. For text of article 49 as revised by the United States amendment, see C.P. (Plen) Doc. 17, Report of the Military Commission on the Italian Treaty, vol. iv, p. 412.
26. The United States Delegation Minutes indicate that Byelorussian negative vote was inadvertent (CFM Files).