Foreign Relations of the United States, 1951, European Security and the German Question, Volume III, Part 1

CFM files, lot M–88, box 158, WFM tripartite documents

Paper Prepared by the United States Delegation¹

secret
Tripartite D–1

Washington, September 13, 1951.

Italian Peace Treaty

The United States Government, while maintaining the views expressed heretofore with reference to the Italian Peace Treaty, is prepared to associate itself with the following procedure and timing as suggested by the British Government for the de facto revision of the Treaty on a bilateral basis on the understanding that while there will be a sincere effort to attain the objectives of paragraphs 5(a) and 5(b), the attainment of those objectives is not a condition to the accomplishment of paragraphs 6 and 7:

1. Agree with the Italian Government the terms of a note from Italy to all signatories (US proposed draft attached as Annex I)

This note would:

(a) Draw attention to the fact that under present circumstances the military clauses prevent Italy from ensuring her own defense, and ask for assistance in ending this state of affairs.

(b) Draw attention to fact that the general political clauses (15–18) are no longer applicable.

(c) Request a statement from the signatories that the moral stigma applied to Italy in the Preamble no longer affects their relations with Italy.

(d) Request, that in general, relations be based on the spirit of the United Nations Charter rather than on that of the Peace Treaty.

(e) Point out, that Article 46 of the Treaty envisaged revision of the military clauses by means of agreement between the Allied and Associated Powers or, after Italy became a member of the United Nations; by agreement between the Security Council and Italy, but that through the unjustifiable attitude of the USSR neither of these means of revision is open to Italy.

2. Issue a tripartite declaration. (US proposed draft attached as Annex II)

3. Delivery of Italian note as soon as they wish.

4. Interim and fully sympathetic acknowledgment, but no further commitment beyond the terms of the declaration.

5. Interval of about six weeks to two months during which

(a) a very strong effort should be made to persuade the Italians and Yugoslavs to settle the Trieste issue, and

(b) there should be diplomatic activity to ensure the cooperation of other signatories—with particular reference to India, Yugoslavia, Ethiopia and Greece.

6. Formal notes from each signatory to the Italian Government (US proposed draft attached Annex III) stating in essence:

(a) That so far as their bilateral relations are concerned, and without prejudice to the rights of third parties, they agree not to enforce certain specified articles.

(b) That the moral stigma inherent in the Preamble no longer affects their bilateral relations.

7. Italian acknowledgment, constituting with 6 above bilateral exchanges of notes.

[Annex I]

Draft Italian Note to the Signatories of the Italian Peace Treaty

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Sir: I have the honor to refer to declarations made by the Italian Government and to statements made by officials of other governments regarding the anomaly created by the existence of the Italian Peace Treaty and the position which Italy occupies today. The Peace Treaty signed with Japan on September 8, 1951, and the present proposals for contractual arrangements for the Western German Republic strongly emphasize this anomaly.

It was contemplated by the Peace Treaty that Italy would be admitted to membership in the United Nations. The basic assumption was that membership in the United Nations by the Allies and Italy and universal adherence to the principles of the United Nations Charter would assure the security of Italy and of other nations. Although limitations were placed upon Italy’s military forces, it was not the intent of the Treaty to deny Italy the right of self-defense. It was believed that the forces and other defensive facilities permitted Italy under the conditions of peace and security, which the world was to enjoy, would be sufficient to protect the integrity of Italy.

As represented by all of these matters, the assumptions on the basis of which the Italian Peace Treaty was negotiated, was signed, and was ratified have not been fulfilled. Even though the preamble of the Treaty contemplated admission of Italy as a full member of the United Nations, Italy’s application for membership, although receiving on three occasions the support of the majority of member states voting in the General Assembly, has not been approved, due to vetoes in the Security Council on the four occasions when it was considered.

Rather than the peaceful world for which all peoples hoped at the time the Treaty was negotiated, the free nations are faced with military aggression launched in Korea and with threats of further Communist aggression in various parts of the world. Under these conditions the forces and defensive facilities permitted Italy under the Peace Treaty are not sufficient to protect the integrity of Italy. In addition, the Free Nations of the West which are cooperating in the development of a North Atlantic Community have been required to create a collective defense system to deter aggression and insure their security. This collective self-defense arrangement is fully consistent with the United Nations Charter. Italy is a member of the North Atlantic Treaty Organization but the provisions of the Italian Peace Treaty do not permit Italy at the present time to discharge in full its obligations of membership.

Italy is now a democratic state, supporting the efforts of the United Nations to maintain international peace and security and participating in concert with other nations in a number of international organizations working to establish peaceful and improved conditions of life for the peoples of the world. In these circumstances the spirit and certain restrictive provisions of the Peace Treaty designed to ensure the establishment of democracy in Italy and to protect the rights of those who assisted the Allies no longer appear to be appropriate. Italy does not intend to devote its resources to build large armies for aggressive purposes, but to develop forces sufficient to defend its frontier and to contribute more fully to the growth and development of collective security.

Italy, therefore, requests the Government of the United States and other signatories of the Peace Treaty to whom similar notes have been addressed to recognize that the spirit of the Peace Treaty no longer accords with the situation prevailing today nor with Italy’s status as an active member of the democratic and freedom-loving family of nations. Italy specifically requests recognition that the spirit reflected by the Preamble no longer exists, that Articles 15–18 of the political clauses are no longer necessary and that the military clauses, Articles 46–70, with the relevant annexes, are no longer consistent with Italy’s position among nations. With reference to Articles 15 and 17, the Italian Government wishes to point out that not only is it the settled policy of the Italian Government to support the principles stated therein, but also that the Italian Constitution assures to all Italians the safeguards provided for in those Articles. In addition, Italy fully supports the provisions on human rights and fundamental freedoms contained in the United Nations Charter. As for Article 16, the spirit of present-day Italian democracy has rendered it obsolete. Accordingly, the Italian Government proposes that each of the Allied and Associated Powers enter into new understandings with Italy which will be in accord with Italy’s present position. In particular, the Italian Government proposes that each of the Allied and Associated Powers waive Italy’s obligations to it under Articles 15–18 and Articles 46–70 with the relevant annexes of the Italian Peace Treaty.

The Italian Government would appreciate confirmation from the Government of the United States and from other signatories of their concurrence in these proposals.

Annex II

Draft Tripartite Declaration on the Italian Peace Treaty

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1. At the request of the Government of Italy, the Governments of the United Kingdom, France and the United States have considered for some time how best to resolve, in the interests of the harmonious development of cooperation between the free nations, the problem presented by the Peace Treaty with Italy.

2. In accordance with the desire of the Italian people, Italy, which fully cooperated with the Allies during the latter part of the last war as a cobelligerent, has established democratic institutions. In the spirit of the United Nations Charter Italy has invariably extended to the peace-loving and democratic governments that cooperation indispensable to the solidarity of the free world.

3. Nevertheless, although Italy has on three occasions received the support of the majority of member states voting in the General Assembly, it is still prevented by an unjustifiable veto from obtaining membership into the United Nations and is still subject under the Peace Treaty to certain restrictions and disabilities particularly affecting its capacity for self-defense. These restrictions no longer accord with the situation prevailing today nor with Italy’s status as an active member of the democratic and freedom-loving family of nations.

4. Each of the three governments therefore declares hereby its readiness to consider sympathetically a request from the Italian Government to remove, so far as concerns its individual relations with Italy, those permanent restrictions and discriminations now in existence which are either wholly overtaken by events or have no justification in present circumstances.

5. Each of the three governments hereby declares its intention to continue its efforts to secure Italy’s membership in the United Nations.

6. The three governments trust that this declaration will meet with the wide approval of the other signatories of the Peace Treaty and that they will likewise be prepared to take similar action.

Annex III

Draft Reply to the Proposed Italian Note on Italian Peace Treaty

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Sir: I have the honor to refer to your Excellency’s Note No. ____ of _______ regarding the anomaly created by the existence of the Italian Peace Treaty and the position which Italy occupies today. The Government of the United States can attest to the fact that the Peace Treaty contemplated that Italy would be admitted to the United Nations and that membership in the United Nations by the Allies and Italy and universal adherence to the principles of the United Nations Charter would assure the security of Italy and of other nations. It has always been the position of the United States that the limitations placed upon Italy’s military forces by the Treaty were not intended to deny Italy the right of self-defense, since the forces permitted Italy would, under conditions of peace and security, be sufficient to protect the integrity of Italy.

The United States recognizes that in these matters, the assumptions on the basis of which the Treaty of Peace was negotiated, was signed, and was ratified, have not been fulfilled. Although strongly supported by the United States and other democratic nations, Italy’s application for membership in the United Nations has not been approved due to successive vetoes cast by the Soviet Union in the Security Council of the United Nations. The United States also recognizes that under present conditions, in which free nations are faced with military aggression launched in Korea and with the threats of further Communist aggression in various parts of the world, the forces permitted under the Peace Treaty are no longer sufficient to protect the integrity of democratic Italy. In addition, Italy is recognized as a democratic nation having fully provided the rights and freedom specified in certain of the political clauses.

The United States recognizes, therefore, that the spirit of the Peace Treaty no longer accords with the situation prevailing today, nor with Italy’s status as an active member of the democratic and freedom-loving family of nations. The United States and Italy have previously taken measures to restore normal financial and economic relations between our two countries. These measures have included a Treaty of Friendship, Commerce and Navigation signed at Rome on February 2, 1948 and Memorandums of Understanding dealing with certain financial and economic matters arising under Articles 73(2), 76, 78, and 79 and Annex XV of the Italian Peace Treaty. These measures did not affect, however, Italy’s obligations to the United States under the political and military clauses of the Treaty. Accordingly, and in view of the circumstances set forth in your Excellency’s Note No. ________of____________, the United States hereby relieves Italy of all obligations to the United States under Articles 15–18 and Articles 46–70 of the Italian Peace Treaty, including Annexes XII and XIII in so far as they relate to these Articles and affirms that the spirit reflected in the Preamble no longer affects the friendly relations between the two countries.

1. This paper was prepared for the use of the U.S. Delegation and apparently circulated to the other delegations for discussion at the fifth meeting on September 13; see Tripartite Min–5, p. 1279.