No. 282

665.001/6–1951

Memorandum by the Director of the Office of Western European Affairs (Byington) to the Assistant Secretary of State for European Affairs (Perkins)1

top secret

Subject: Revision of Italian Peace Treaty

On January 11, 1951 the President approved NSC 67/3 that the United States should:

“take diplomatic action as appropriate to assure that the Treaty limitations do not prevent Italy from meeting its joint defense obligations.”

Preliminary informal conversations have been held with the British Embassy as early as last fall. Diplomatic action has since February been suspended, however, because of the possibility that premature unauthorized publicity might jeopardize the negotiations in Paris to formulate an agenda for a meeting of the Foreign Ministers of the US, UK, France, and USSR. Tripartite agreement to use in an agenda the word “fulfillment” in connection with the peace treaties has lent additional importance to the desirability of postponing further consultation on the problem posed by the Italian Peace Treaty.

The Italian Government is now publicly calling for removal of the moral stigma of the limitations and obligations imposed by that [Page 621] Treaty. The Italian Government is greatly concerned that progress toward a Japanese Peace Treaty, which will be more favorable than the Italian Peace Treaty, especially as regards rearmament and reparations clauses, and progress toward normalization of the western allies’ relations with Germany places Italy in an invidious position, with consequent adverse effect on Italian public opinion.

Sentiment in Congress has been steadily mounting and there is every prospect of a strenuous campaign to require executive action to revise the Treaty without further delay. In the Watkins Resolution, the U.S. Senate has already expressed the view that the United States should seek to eliminate all provisions of the Italian Peace Treaty which limit Italy’s contribution to the defense of Western Europe.

The Embassy at Rome has pointed out in its telegram no. 5376 of May 28,2 attached, that the cumulative effect of such developments “will before long reach a point where failure to take action will be so conspicuous as to place in doubt the sincerity of Western and especially of United States policy toward Italy.”

Continued delay by us on the ground that we must not weaken our negotiating position vis-à-vis the Soviet Union risks contributing to the conclusion in Italy and elsewhere in Western Europe that the Soviet Union can by intimidation block United States and allied policy.

The Associated Press recently disclosed that Ambassador Dunn has recommended that “the United States support Italy’s request to be allowed to rearm.”

Conclusions:

The reasons for postponing diplomatic action with Great Britain and France leading to a consideration of this question are now outweighed by critical developments in Congress and in our relations with the Italian Government.

Recommendations:

1. We should undertake without delay further preliminary informal confidential discussions with the British and French Governments. Attached is an aide-mémoire which if you approve can be handed to the British Embassy here as a basis for such discussions. A similar memorandum would be handed to the French Embassy.3

[Page 622]

2. Thereafter, the Italian Embassy should be informed that we are having preliminary discussions on this subject with the British and French and that we intend to consult fully with them as soon as we are in a position to offer suggestions for their consideration. We can continue to emphasize that we do not intend to make any public statements regarding revision of the Treaty as long as such statements may jeopardize current conversations with the Soviet Union.4

[Attachment]

The Department of State to the British Embassy 5

top secret

Aide-Mémoire

The proposals advanced by the Foreign Office in the memorandum of the British Embassy dated February 27, 1951,6 concerning the military provisions of the Italian Peace Treaty have been carefully considered. The Department of State and the Foreign Office agree that there is undeniably a need for Italy to take certain steps in the future beyond the limitations of the Peace Treaty to carry out its obligations under the North Atlantic Treaty. The questions upon which further agreement is necessary involved the substance, procedure, and timing of appropriate diplomatic action to support Italy in taking those steps.

In the latter respect, the situation has been drastically altered since receipt of the above-mentioned memorandum. Italy has now publicly called for removal of the moral stigma of the limitations and obligations imposed by that Treaty. In the Department of State’s view, the cumulative effect of continued discussion and other developments will soon be such that the failure of Italy’s allies to respond will be so conspicuous as to place in doubt the sincerity of their policies toward Italy.

Among the other developments which affect the action henceforth to be taken, the Department has in mind:

1) Publicity surrounding discussion of a Treaty of Peace with Japan, especially with reference to rearmament of Japan, and [Page 623] progress toward normalization of the western allies’ relations with Germany, tend to place Italy in an invidious position. Unless affirmative diplomatic action is taken, the Italian contribution to the defense of Western Europe may be adversely affected.

2) Considerable progress is being made toward Italian rearmament. In addition to the strictly legal importance of this progress to the question of the Peace Treaty limitations, the psychological importance of action to encourage further progress and the necessary sacrifices must figure largely in our calculations.

3) The public discussion in Italy of this question has been paralleled in the United States by discussion in the Congress of the United States, where the Senate has formally expressed the view that the United States should seek to eliminate all provisions of the Italian Peace Treaty which limit Italy’s contribution to the defense of Western Europe.

The Department considers that agreement to ignore Italian violations of the military provisions of the Peace Treaty would fail to meet satisfactorily the situation confronting Italy and her allies. While it is recognized that affirmative action to revise the Treaty presents legal problems, these can be minimized by avoiding denunciation of the Peace Treaty by Italy or by Italy’s allies and by so acting as to place the Soviet Union in the politically disadvantageous position of obstructing correction of injustices to Italy.

The military provisions of the Italian Peace Treaty were drafted on the assumption that the United Nations in which Italy would be accepted as a full member, would assure lasting peace. The Soviet Union has effectively destroyed the basis for this assumption. Communist aggression in Korea and increasing world tension resulting from Soviet policies supporting military, economic, and political aggression have increased the urgency of prompt and effective action to permit Italy to participate to the fullest extent of its capabilities in the common defense of the North Atlantic Community.

From a military viewpoint, the restrictions imposed by certain of the military clauses of the Peace Treaty are incompatible with the objectives of NATO. It is apparent that the successful defense of Western Europe will require a greater contribution of military manpower by Italy than is permitted by the terms of the Peace Treaty. Italy, with the forces at present allowed under the Peace Treaty, could not defend its northern frontiers in the event of an attack. The Peace Treaty also places strict limitations upon the type and quality of weapons and matériel which the Italian armed forces need for full combat effectiveness. In addition, the Peace Treaty by preventing Italy from manufacturing or possessing more war matériel than is needed for its own forces under the Treaty precludes Italy’s full participation in the rearmament production effort of the North Atlantic Community.

[Page 624]

Since the Soviet Union has protested the adherence of Italy to the North Atlantic Treaty, additional protests may be anticipated in connection with greater Italian participation in the defense effort. It is the view of the Government of the United States that an affirmative, forthright approach provides the best reply to any Soviet protests. An attempt at subterfuge would provide the Soviet Union with excellent propaganda material and would place the Governments supporting the Italian action in the awkward position of defending specific violations.

Recognizing that it is important to the security of the members of the North Atlantic Treaty Organization that Italy meet in full its defense obligations as may be agreed in the North Atlantic Treaty Organization, notwithstanding the military limitations of the Italian Peace Treaty, the United States Government proposes that the Governments of the United Kingdom, France and the United States agree in principle that public action is required to assure that the Treaty limitations do not prevent Italy from meeting its joint defense obligations.

Ample justification for this action is provided by (1) the threat to the peace of the world and security of Italy resulting from the Communist aggression in Korea, and threats of Communist aggression elsewhere, (2) the failure of the Soviet Government to honor its agreements and obligations including those under the satellite Peace Treaties, and (3) the rearming of the satellite states in violation of their peace treaties.

The Department of State also proposes that, in view of the importance of obtaining the concurrence of the Yugoslav Government, among other signatories of the Peace Treaty, in whatever course is to be adopted, the occasion might be taken further to explore the possibility of achieving Italo-Yugoslav agreement on a settlement of the Trieste question. Such a settlement, if achieved, might well be a part and parcel of action on other clauses of the Treaty.

Once agreement in principle is reached between our three governments, they would propose to the Italian Government that the Four Powers formulate an agreed procedure regarding revision of the Italian Peace Treaty. This procedure might include the following steps:

1) The Italian Government would approach confidentially all signatories of the Italian Peace Treaty which are members of NATO to indicate that it desired to secure agreement in principle, presumably in the Council of Deputies, that the Italian Peace Treaty should not infringe the Italian right of self-defense in the present situation or Italian participation in collective defense under the North Atlantic Treaty. The US, UK and France would support the [Page 625] preliminary Italian approach where desirable and would also support the Italian position in the ensuing discussion in the Council of Deputies.

2) Once agreement is reached by the NATO Deputies, the Italian Government would approach friendly non-NATO signatories, supported where desirable by the US, UK and France, to lay the basis for the greatest possible number of favorable replies to an Italian request that Italy be relieved of the limitations contained in the military provisions of the Peace Treaty.

3) After completion of diplomatic preparations, the Italian Government in its first formal declaration, would address notes to all signatories and the North Atlantic Council or the Council of Deputies. This note might present the following line of argument: It was not the intent of the Treaty of Peace with Italy to prevent Italy from defending its frontiers. The Peace Treaty was negotiated on the assumption that membership in the United Nations by the Allies and Italy and adherence to principles of international law would guarantee the security of Italy and other nations. Nevertheless, the Treaty envisaged the limitations of the military provisions as temporary and provided for their revision by either of two procedures set forth therein.

Post-war developments have not fulfilled the assumptions on which the Italian Peace Treaty is based and in addition have confirmed the impossibility of revising the military provisions in accordance with the procedures established in the Peace Treaty. Instead of peace, the free nations are faced with war already begun in Korea and with the threat of further Communist aggression. Furthermore, the military clauses of the Italian, Bulgarian, Hungarian, and Rumanian Peace Treaties were negotiated concurrently and were intended to create a balanced security in Europe. Violations of the military restrictions of the Bulgarian, Hungarian, and Rumanian Treaties has created an entirely new situation which constitutes a further threat to the integrity of Italy and which justifies review of the military clauses of the Italian Treaty. (A necessary preliminary to this point will be formal protests by the US, UK, and France to the three satellite governments at the violations of their respective treaties.)

Because of these threats to the peace of the world, Italy has joined with other free nations in the North Atlantic Treaty for their collective defense. Italy is, therefore, obligated to assume its full share in the collective defense of the North Atlantic Community and calls upon the signatories of the Peace Treaty to release Italy from the limitations of the military provisions of the Peace Treaty.

4) As soon as a note along these lines is received, it would be answered immediately by all friendly signatories and the NATO Council or the Deputies, interposing no objection to the Italian proposal and extending support for the Italian action. The replies might (1) recognize the justice of the Italian position and (2) conclude by expressing readiness to negotiate at a suitable time a document which would more accurately reflect the spirit of bilateral relations with Italy than the Peace Treaty.

[Page 626]

The wording of all communications and statements should avoid denunciation of the Italian Peace Treaty by Italy or countries supporting the Italian action. If the Soviet Union had recourse to the provisions of Article 87 of the Peace Treaty, the US, UK, and France would support the Italian action.

  1. Drafted by Greene and Byington.
  2. Document 278.
  3. This recommendation was executed on June 22 when Byington held separate conferences with representatives of the British and French Embassies during which he informed them of the Department of State’s change in positions and gave them a copy of the aide-mémoire. The memoranda of conversation are in file 665.001/6–2251.
  4. The second recommendation was also fulfilled on June 22 when the Italian Ambassador made a call on the Secretary of State before his trip back to Rome. A memorandum of this conversation is in file 665.001/6–2251.
  5. Drafted by Greene and cleared in draft with EE, RA, L, and S/ISA. The source text is a copy in file 665.001/6–2251.
  6. Regarding this British memorandum, see footnote 1, Document 256.