C.P.(Gen)Doc.1.E.5.
Article 17
Modify this Article, substituting the following for the existing text:
- 1.
- “Italy renounces all right and title to the following Italian territorial possessions: i.e. Lybia (excepting Cyrenaica), Eritrea, and Italian Somaliland. These possessions shall be subject to the regime of international trusteeship, as set forth in Articles 77, 79 and 81 of the Charter of the United Nations. Italy shall be the authority entrusted [Page 687] with the administration of these territories, as soon as they have been placed under this regime.
- 2.
- “The final disposal of the Italian possession of Cyrenaica shall be determined jointly by the Governments of the U.S.A., France, the United Kingdom and U.S.S.R. within a period of one year from the coming into force of the present Treaty and in accordance with the terms of the joint declaration made by these Governments on … (date). In the meanwhile, this possession shall continue to be subject to the control as at present of the occupation authorities, but Italian officials shall be afforded an equitable opportunity of participating in the civil administration.”
Justification
At the meeting of the Council of Foreign Ministers on 10th May last, Mr. Bidault proposed that the Italian colonies in Africa should be placed under the international trusteeship system of the United Nations, and that Italy should be the power entrusted with their administration. This proposal was favorably received by two other Members of the Council, Mr. Molotov and Mr. Byrnes. The Representative of the United Kingdom, Mr. Bevin, appeared inclined to accept the proposal, except as regards Cyrenaica.
It would, therefore, seem that agreement was reached as regards the other Italian possessions; we suggest, therefore, that this proposal be adopted, and that the final decision as regards Cyrenaica should be adjourned.
The concluding portion of paragraph 2 of our amendment is intended to ensure that the military occupation of Cyrenaica shall be in conformity with the recognised principles of international law, in accordance with which occupation does not deprive the State, whose territory is occupied, of its sovereign rights over the territory in question, and leaves unchanged the administrative organisation and judicial system of the territory in question.