Doc. No. 8 (P).
Memorandum on the Clauses of the Draft Treaty Concerning Italy’s Obligation To Recognize the Peace Treaties To Be Signed With Other Countries (Art. 15)
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Article 15
Article 15 establishes Italy’s obligation to recognize the full force of the peace treaties to be signed with certain other States.
- 1.
- The first part of the Article states that Italy undertakes to recognize the full force of the treaties with Rumania, Bulgaria, Hungary and Finland.
- Such a clause is indeed a strange one. It implies in fact the obligation to underwrite now, without knowing what their content will be, treaties which still remain to be stipulated, to whose drafting Italy is not a party, and which on the other hand may have a bearing on the considerable Italian interests in those countries.
- 2.
- The second part of the Article sets down the same Italian
obligation with regard to “other agreements and arrangements which
have been or will be reached by Allied and Associated Powers in
respect of Austria, Germany and Japan for the restoration of Peace.”
In this case the obligation appears even more serious, as it means
that Italy must underwrite now all future enactments with regard to
countries against which she has been at war. It should be especially
noted that: [Page 145]
- a.
- With regard to Germany and Japan, such a clause appears contrary to all principles of law, inasmuch as a state of war between Italy on the one side and Germany and Japan on the other was established by formal and direct declarations. The ensuing juridical situation cannot be brought to a close except by peace treaties in which Italy takes direct part. On the other hand, the fact that the Allied and Associated Powers have recognized Italy as a co-belligerent against Germany and Japan implies in itself Italy’s right to take a direct part in the peace treaties with those countries. Therefore nothing can justify a clause in her own peace treaty which deprives Italy of such a right.
- Consideration should furthermore be given to the claims which Italy must advance against Germany and Japan. Italy was engaged in war against Germany during eighteen months. Her losses in life during that time surpass those of the preceding war years. The results of Germany’s occupation of a major portion of the Italian territory and of the long war waged by Italy against Germany are well known. Germany made the Italian people pay heavily for having been the first to rebel against Fascism and the Axis war. Long years must pass before such widespread damage can be repaired and before compensation can be made for the painful losses suffered by the Italian Nation in its war against Germany.
- b.
- Regarding Austria, Italy as a belligerent against Germany of which Austria was an integral part can legitimately claim the rights that such a status bestows on her when the time comes to make peace with that country. It should furthermore be remembered, with regard to Austria, that Italian interests in that bordering country are so varied and complex that, for this consideration as well, Italy should be admitted to participate directly in the conclusion of the treaties concerning that country.
- 3.
- It should be noted, finally, that the Conference has recently admitted a certain number of States—some of which were never at war with Italy—to present their viewpoint on the Italian Treaty. Among them is Austria, which has indeed been at war with Italy, but on the German side. The Italian people fail to understand why they should be placed in a less favourable position than those States, when the time comes to discuss the Peace Treaties with countries such as Germany, Austria and Japan against whom Italy has been at war.
- 4.
- In view of the above, the Italian Delegation is of the opinion that Article 15 or, at least, that part of the Article which concerns agreements bearing on Germany, Austria and Japan should be suppressed.
Subordinately, the Italian Delegation asks that the following sentence be added to Article 15: “When the time comes to conclude an [Page 146] accord with Austria, Germany and Japan, Italy will be admitted to defend the interests and to claim the rights resulting from her status of belligerent.”