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:
[Page 1296]
- 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- Draw attention to fact that the general political clauses (15–18) are no
longer applicable.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
secret
Sir: I have the honor to refer to
declarations made by the Italian Government and to statements
made by officials of other governments [Page 1297] 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 [Page 1298] 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
secret
- 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.
[Page 1299]
- 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
secret
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.
[Page 1300]
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.
