Foreign Relations of the United States, 1952–1954, Germany and Austria, Volume VII, Part 1

662.001/5–952: Telegram

No. 97
The Secretary of State to the Embassy in the United Kingdom¹

secret
niact

Washington, May 9, 1952—6:28 p.m.

5808. Fol is draft reply to Sov note as explained in our immed preceding msg:²

• “1. In reply to the Sov Govt’s note of the 9 Apr, HMG wish to make the fol observations in regard to the unification of Ger, the formation and status of an all-Ger Govt and the conclusion of a peace treaty with that Govt. It remains the policy of HMG to achieve these objectives on terms that will ensure unity with freedom and peace with security.
• “2. They are ready to begin negots with the Sov Govt on these issues just as soon as the Sov Govt gives sufficiently precise evidence of its views to offer reasonable assurance that the futility of previous mtgs wld not again result from the Sov attitude. HMG and the US, Fr and Sov Govts must, therefore, first reach a clear understanding of the scope of the negots and of the fundamental problems to be examined. The Sov Govt’s note of Apr 9 throws little new light on what they consider shld be the means for insuring the success of any such negots.
• “3. In their latest note the Sov Govt now stipulate that Ger must not be included ‘into one or another grouping of powers directed against any peace-loving state’. Ger’s proposed membership in the UN shld surely make any such provision unnecessary. In any case, HMG cld not accept any provisions forbidding Ger to enter into assoc with other states which one of the signatories of the peace treaty might arbitrarily choose to regard as ‘directed against any peace-loving state’. They cannot admit that Ger shld be denied the basic right of a free and equal nation to associate itself with other nations for peaceful purposes and they must assume that the Sov Govt likewise cannot object to Ger’s right to enter into defensive agrmts. In their note of Mar 25, HMG pointed out that they are giving full support to the efforts which the free states of Western Europe are making to bring into being a peaceful European community and thus to begin a new era in which internatl relations will be based on cooperation and not on rivalry and distrust. HMG welcome the development of such a European community in which Ger will participate. HMG reemphasize that this policy of European unity now being inaugurated and pursued by the free nations of Europe including the FedRep of Ger, cannot threaten the interests of the Sov Union or of any country whose policy is devoted to the maintenance of peace. HMG will, therefore, not be deflected from their support of this policy.
• “4. A Ger peace treaty can be worked out only if there is an all-Ger Govt formed as a result of free elections and able to participate in full freedom in the discussions of such a treaty. It is plain, therefore, to HMG that it is not possible to hold discussions now about the provisions of a Ger peace treaty. HMG have already made known their views on some of the Sov Govt’s proposals, especially their erroneous interpretation of the territorial provisions of the Potsdam Protocol and their intention to confine Ger in a position of permanent isolation from Western Europe in such a manner as to give to Ger no adequate capability of defense. The Sov proposals wld mean a permanent state of tension and insecurity in the center of Europe and permanent shackles upon Ger’s rights of internatl assoc.
• “5. In connection with the freedom which an all-Ger Govt must have, HMG wish to emphasize that such freedom is essential both before and after a peace treaty has been negotiated. The all-Ger Govt resulting from free elections must itself be free. It must be able to maintain its genuinely representative character, and to assume its responsibilities as the Govt of a reunited Ger and to play its full part in the discussion of the peace treaty. This question of freedom is, therefore, inseparable from the problem of elections. The Sov Govt have still failed to give any indication of their views on this subj. HMG must ask specifically whether the Sov Govt consider that an all-Ger Govt, resulting from an election of a Constituent Assembly, wld be under four Power control until after the conclusion of a peace treaty or whether they agree that it shld enjoy the necessary freedom of action and governing powers.
• “6. HMG are happy to note that the Sov Govt now agree in principle that there shld be free elections throughout Ger. Such free elections can, however, only be held if the necessary conditions exist in all parts of Ger and will be maintained not only on the day of voting and prior to it but also thereafter. An essential first step is, therefore, to ensure such conditions. Otherwise no progress can be made. In recent years the Eastern part of Ger has evolved in a direction increasingly divergent from the main path of Ger progress. This is a principal reason why an impartial inquiry is needed before elections take place.
• “7. The Sov Govt do not agree, however, that the internatl comm set up by the Gen Assembly of the UN shld carry out such an inquiry throughout Ger. They base this refusal on their interpretation of Art 107 of the UN Charter. But this reads as follows: ‘Nothing in the present Charter shall invalidate or preclude action, in relation to any state which during the second world war has been an enemy of any signatory of the present charter, taken or authorized as a result of that war by the govts having responsibility for such action.’ This language clearly does not preclude the UN from this consideration of Ger affairs. This interpretation was upheld by the UN Gen Assembly by an overwhelming majority. However, even under the Sov Govt’s erroneous interpretation of the Charter there is nothing to prevent the four powers from availing themselves of the UN Comm in order to determine the conditions in which genuinely free elections cld be held throughout Ger.
• “8. The Sov Govt suggest instead that responsibility for the inquiry cld be entrusted to a comm formed by the four occupying Powers. Before HMG cld feel assured that this suggestion wld result in an impartial inquiry they wld need to know what wld be the composition and functions of such a body. A comm composed solely of members with direct responsibilities in Ger wld be both judge and party. Experience during the period of four Power control of Ger suggests that it wld not be able to reach useful decisions. Thus the elections wld be greatly delayed. Nor can HMG overlook the fact that the appointment of a four Power comm might be interpreted as a step towards the reestablishment of four Power control in Ger. This wld be a retrograde move, out of keeping with constitutional developments in the FedRep.
• “9. For these reasons HMG maintain their preference for the UN Comm: It is already in being, its functions have been laid down and it can take action without delay. Nevertheless HMG are ready to examine every possibility of reaching agrmt on a means of determining whether conditions of freedom exist throughout Ger which wld make possible the holding of free elections. Accordingly, HMG, in agrmt with the US and Fr Govts and after consultation with the Ger Fed Govt and the Ger authorities in Berlin, request the Sov Govt, bearing in mind the views on this subj which have been set forth in this note, to give precise answers to the fol questions:
  • “a. Does the Sov Union agree that an impartial comm shld immed undertake to determine whether there exists in the Sov Zone of Ger, as well as in the FedRep and in all sectors of Berlin, the conditions necessary for the holding of free elections?

  • “b. Does the Sov Union agree that the four powers exercising responsibilities in Ger shld utilize for this purpose the members of the UN Comm which is presently available?

    “If the Sov Union has in mind some specific variation of the procedure contemplated by the UNGA’s res what are the specific proposals which wld achieve the impartial and unrestricted investigation which is required?

  • “c. Is the Sov Union prepared to facilitate the investigation of the impartial comm in the Sov Zone and in the Sov sector of Berlin?

    “HMG as well as the Govts of Fr, the US, and the FedRep have already stated their willingness to facilitate such an investigation.

• “10. As soon as the report of an impartial Comm as agreed among the four Powers is available, HMG are prepared to designate a rep to meet with reps of the Govts of Fr, the US, and the Sov Union to consider the report of this Comm with a view to reaching agrmt on
  • “(a) The holding of free elections throughout Ger, including the creation where necessary of appropriate conditions; and’
  • “(b) The assurances to be given by the four Powers that the all-Ger Govt will have the necessary freedom of action during the period before the coming into effect of the peace treaty.”

Acheson

1. Drafted by Laukhuff; cleared with Bonbright, Matthews, Secretary Acheson, Nitze, Hickerson, GER, and P; initialed for Secretary Acheson by Jessup. Repeated to Paris, Moscow, Bonn, and Berlin.
2. Telegram 5807, supra.