740.00119 Council/1–2747: Telegram
The United States Deputy for Germany at the Council of Foreign Ministers ( Murphy ) to the Secretary of State
571. Delsec 1149 from Murphy. Dept may have noted in recent Deputies meetings reference to question of eventual form of peace settlement. (Delsec 1125 Jan 1827). Aim has been to elicit views of other colleagues. Discussion has centered on consideration of advisability of using traditional form of peace treaty or in lieu thereof some form of international statute. French and British Deputies reserved opinion on issue; Soviet Deputy has now handed in official outline of Soviet views which contemplate traditional form of treaty (see Delsec 1142 of Jan 2528).
There has been press speculation on matter centering on unconditional surrender of Germany and disappearance of central German government and question asked whether traditional form of peace treaty is readily applicable to present unique circumstances in Germany. Failure of Versailles Treaty establish enduring framework for pacific relations between victor and vanquished suggests search for more efficacious methods at this time. Liberal Democratic regime which may develop in Germany would be tender plant. If forced to assume before the German people as was Weimar Republic onus of responsibility for signing what would at best be exceedingly severe peace treaty, its chances of survival will be greatly diminished.
For such reasons search for new form for settlement may be desirable. A unilateral imposition might arise from conference of interested powers, from a statute based on Article 53 of Charter or some other act of United Nations.
It has been suggested that arrangement might be in the form of an international statute within the framework of the United Nations. Thus it might take the form of a regional security arrangement (Articles 52 and 53 of the Charter) or a special statute (under Article 107). The present control authority, perhaps modified, supported by reduced occupational forces, might remain as the agency of control and enforcement.
Such arrangement presumably would be drafted by occupying powers in consultation and with concurrence of other interested [Page 14] powers and might be submitted for approval to the Security Council and, perhaps, to the General Assembly.
There may be advantage to a peace settlement by international statute on an interim basis. It seems unlikely, in view of ever present emotional intransigence, that in near future a treaty solution of the eastern frontier problem would be found acceptable both to German and Polish public opinion. A treaty without just and enduring solution of this problem would be source future danger and complications. One conceivable path of solution to the problem would be placing western zone of territory now under Polish administration under temporary UNO supervision or administration, during a “cooling off” stage. The supervisory or administrative authority might have the task of ensuring that the production of this relatively important agricultural region was made available to Germany on equitable terms. It might explore the possibility of return to these farm lands of limited number of German “expellees” from millions whose absorption poses an as yet unsolved problem for Germany’s straitened territory and economy.
Both Potsdam Agreement, Section II, para (I)29 and CFM decisions at New York regarding agenda for next session30 appear framed in terms of a traditional peace treaty. What are Dept’s views? Guidance would be appreciated. In connection with this suggestion, it is to be noted from telegram Delsec 1140 of January 2531 that the Australian delegation strongly advised the conclusion of an interim agreement by the interested Allies on the ground that a peace settlement with Germany would be premature under present circumstances.
The procedural steps to arrive at international arrangement or statute would presumably be much the same as those involved in preparation of a peace treaty. Our thoughts here with respect to the procedural steps which Deputies might propose to CFM will be submitted shortly.
- Not printed; it reported upon the 4th Meeting of the Deputies for Germany, January 17, 1947 (740.00119 Council/1–1747).↩
- Not printed; it transmitted the text of the Proposal of the Soviet Delegation on the procedure for the preparation of the peace treaty with Germany (740.00119 Council/1–2547). For the text of the Soviet proposal, circulated to the Deputies as document CFM(D) (47) (G)22 (Revised), January 28, 1947, see p. 15.↩
- Foreign Relations, The Conference of Berlin (The Potsdam Conference), 1945, vol. ii, p. 1501.↩
- The decisions under reference here were those set forth in document CFM(46) (NY)74, December 12, 1946, Foreign Relations, 1946, vol. ii, p. 1557.↩
- Supra.↩