Foreign Relations of the United States, 1947, Eastern Europe; The Soviet Union, Volume IV

860H.00/5–2947

Memorandum by the Combined Chiefs of Staff to the Department of State and the British Embassy

secret

Washington, 29 May 1947.

The Supreme Allied Commander, Mediterranean (SACMED) has informed the Combined Chiefs of Staff by a dispatch dated 20 February 1947¹ that in view of impending reestablishment of diplomatic relations between Yugoslavia and Italy² and the terms of the peace treaty³ he believes that the military should be relieved of the problem of the apprehension and handover of Yugoslav quislings, except those in military custody. He further states that in view of the early close-out in that theater and the present reduction of Allied agencies, personnel is no longer available to deal effectively with this matter. He requests that he be, relieved of responsibility as to quislings required by Yugoslavia except as to those now in Allied military custody.

The British and United States Governments have given assurance to the Yugoslav Government that every endeavor would be made to apprehend and hand over to that government Yugoslav quislings in Italy. Every effort has been made by SACMED to comply with instructions issued to him on 26 March 1946 in this matter and Yugoslav quislings so apprehended have been processed in accordance with the present approved procedure.

The ratification of the Italian Peace Treaty⁴ will cause a rapid withdrawal of the British and American military personnel in Italy and the signing of the treaty has already caused a drastic reduction in other personnel of various Allied agencies in Italy that have heretofore been used for the apprehension of Yugoslav quislings. The limited personnel available for this work has impaired the ability of SACMED to carry out his instructions in this matter as a result of which he can well be open to criticism by the Yugoslav Government for alleged lack of cooperation caused by a situation over which he has no control.

Article XLV of peace treaty provides that Italy shall take the necessary steps to insure the apprehension and surrender for trial of: (a) Persons accused of having committed, ordered or abetted war crimes and crimes against peace or humanity; (b) Nationals of any Allied or Associated Power accused of having violated their national law by treason or collaboration with the enemy during the war. It also provides that if there is any disagreement as to the application of these provisions such disagreement shall be referred by the government concerned to the ambassadors in Rome of the United States, USSR, United Kingdom, and France, who will reach agreement with regard to the difficulty.

Therefore, SACMED has been relieved of all responsibility for the apprehension and handover of alleged Yugoslav quislings in Italy except those now in military custody. This latter group will be processed in accordance with existing procedures.

It is requested that the Governments of the United Kingdom and of the United States take appropriate diplomatic action to advise the Yugoslav Government of the inability of the Governments of the United Kingdom and of the United States to cooperate further in the apprehension and handing over of alleged Yugoslav quislings in Italy except those now in military custody.⁵

For the Combined Chiefs of Staff:

C. R. Price,

Brigadier,

W. G. Lalor,

Captain, U. S. Navy, Combined Secretariat.

1. Not printed.
2. Italy and Yugoslavia resumed diplomatic relations in mid-March 1947.
3. The Treaty of Peace with Italy was signed in Paris on February 10, 1947; for the text, see Department of State Treaties and Other International Acts Series (TIAS) No. 1648. For documentation regarding the signing and ratification of the Peace Treaty with Italy, see volume iii .
4. Ratifications of the Peace Treaty with Italy were deposited on September 15, 1947 and the treaty went into effect at the same time.
5. In a communication dated June 10, the Department of State pointed out to the Combined Chiefs of Staff that in substantially identical notes dated April 8, the American and British Embassies in Yugoslavia had informed the Yugoslav Foreign Ministry that the British and American Governments could no longer accept any responsibility for the apprehension and surrender of Yugoslav quislings at large in Italy. The communication concluded that no further diplomatic action in this matter was required “at this time”. (860H.00/5–2947)