Doc. No. 17 (E).
Memorandum on the Clause of the Draft Peace Treaty Concerning Submarine Cables (Art. 66, No. 6)
Article 67 [66]
The provision in Article 66, No. 6, safeguarding Italian property rights on such submarine cables as belonged, at the beginning of the war, to the Italian Government or to Italian nationals, is in keeping with the principles of international law.
Therefore it is hard to understand the reservation made by the United States and U.S.S.R. Delegations concerning the “right to propose changes with regard to the treatment in the present Treaty of submarine cables”.
The Italian Delegation would like to stress the fact that the acquisition and destruction of cables cannot be regulated by the principles concerning war booty. There is indeed no provision of international law consenting the acquisition or destruction of cables during hostilities, except the provision in Article 54 of the Hague Convention which foresees a special case and, even then, provides for the return of the cable and compensation at the end of the war.
On the basis of the above principles it is felt that there can be absolutely no doubt that submarine cables belonging to the Italian State and to Italian nationals (natural persons or body corporates) should be returned to them.