I take the liberty to draw your particular attention to this question,
which is for us of great importance both in consideration of the
necessity to define juridically Italy’s position as a power
participating in the war against Germany, and in providing in some way
safeguards for Italian interests and citizens in German territory.
It is superfluous to emphasize that after nearly two years of Italian
military cooperation in the war against the Germans our requests have a
foundation in equity which appears evident and are, on the other hand,
intended to regulate a situation in law and in fact that could not be,
without advantage for anyone but of great detriment to us, left in the
present state.
I shall be very grateful to you if you will explain this question to your
government with kind urgency, and I beg you to believe, Mr. Ambassador,
the assurances of my highest consideration.
[Enclosure—Translation]
Memorandum by the Italian Minister for Foreign
Affairs (De
Gasperi) to the American
Ambassador (Kirk)
With the letter of September 12, 194459 of the
Under Secretary of State, Marchese Visconti Venosta, addressed to
the Ambassadors of the United States and Great Britain at Rome, the
Italian Government advanced the question of Italian participation in
the Armistice that was foreseen would be imposed on Germany.
Following upon the act of unconditional surrender by Germany signed
May 7, 194560 by the representatives
of the High Command of the Allied Expeditionary Forces and the
Soviet High Command on one hand, and the German High Command on the
other, with letter of May 12, 194561 the General Secretary of the Ministry of Foreign
Affairs,62 making
references to the preceding letter of Marchese Visconti Venosta of
September 12, 1944, took up again the question, informing that if
the terms of military surrender would be followed by other terms
defining the conditions of surrender and of Armistice, they should
have been stipulated also in the name and in the interest of Italy,
since she was a co-belligerent against Germany.
In Notes Verbale substantially identical, of
dates May 26 and 29, 1945,63 the American and British Embassies, referring to
the request made in the letter of Marchese Visconti Venosta that
Italy should be placed in a position to participate in the Armistice
that had been imposed on Germany by the United Nations, communicated
that such a request had been examined by the respective governments
and that, consequently, the Italian Government was invited to submit
its views in a non-official form, with regard to the agreements
concerning the surrender of Germany, to the representatives in Rome
of the United States, the United Kingdom, the Union of Soviet
Socialist Republics, and of the French Government for examination
and eventual submission to the European Advisory Commission. The two
Notes added that it was understood naturally that the Allied
Governments did not accept beforehand any obligation in matters
concerning the possibility of putting the views of the Italian
Government into effect.
The Royal Minister of Foreign Affairs, referring to the invitation
that has been tendered him, advances the following:
[Here follows summary of the terms of unconditional surrender of
Germany signed May 7 and confirmed May 8, the June 5 declaration
[Page 350]
concerning the defeat of
Germany and the assumption of supreme authority with respect to
Germany on the part of the Governments of the United States, the
Soviet Union, the United Kingdom, and France, and the June 5
Four-Power statements concerning the zones of occupation in Germany,
the control machinery in Germany, and consultation with governments
of other nations.]
2. The Italian Government, with a view to putting forth, following
upon the invitation that has been tendered to it, its views
concerning the Italian position with regard to the agreements
relative to the surrender of Germany, feels that it has to assume
necessarily, as a point of departure, the position of Germany as
defined by the terms above mentioned.
The first point that, in the opinion of the Italian Government,
requires to be considered derives from the fact that Italy has not
directly participated in the act of unconditional surrender of
Germany as was envisaged in the letter of Marchese Visconti Venosta
of September 12, 1944. Other states also which found themselves in a
state of war with Germany have not directly participated in the said
act, but they are included among the United Nations in the name of
which the Allied High Command accepted and signed the act of
surrender of Germany. Italy, not being one of the United Nations,
finds itself in a position which with respect to juridical
consequences should be regularized.
In this regard the Italian Government, making reference to the
declaration of June 5, 1945, according to which the Governments of
the four occupying powers, in the absence of a central German
government, have temporarily assumed the exercises of “supreme
authority in Germany”, expresses the desire that the said
Governments will recognize in due form that the terms relative to
unconditional surrender of Germany are valid also with regard to
Italy, which is a co-belligerent power having actively participated
in military operations against Germany. The demand for such
recognition is justified not only by the necessity to define
juridically the position of Italy as a power participating in the
war against Germany, but also from the particular importance of
Italian interests in Germany and of the importance of safeguarding
them.
The position of Italy which would result from such recognition in
respect to Germany, in its relations with the Governments of the
four occupying powers should later on allow, in view of the Italian
Government, the following consequences:
- (a)
- The extension to Italian prisoners of war and internees in
Germany of the conditions imposed on Germany insofar as they
concern prisoners of war and citizens of the United Nations
interned in the Reich;
- (b)
- The extension in favor of Italian ships which on the date
of June 5, 1945 found themselves under German orders or
control, of the
[Page 351]
arrangements adopted for the ships of the United Nations
that on the date above indicated found themselves in the
same conditions, except for further agreements with the
Italian Government;
- (c)
- The extension to Italian citizens, goods and interests in
Germany for the period of Allied occupation the same
protection and the same treatment under law and in fact
reserved for the citizens, the goods and interests of the
United Nations;
- (d)
- The power of the Italian Government to nominate a mission
accredited to the inter-Allied Council of Control in Germany
as it is recognized to the “Other Governments of the United
Nations Principally Interested” by paragraph 5 of the
declaration of June 5, 1945, relative to the mechanism of
control of Germany. The Italian mission accredited to the
Control Council would have a special task of creating
liaison between the Italian Government and the Control
Council for questions relative to Italian interests in
Germany (property interests of the State and of Italian
citizens) and for the safeguarding of Italian citizens who
find themselves in German territory.
- (e)
- The taking into consideration also of the Italian
Government in respect to the declaration by which the
Governments of the four powers have announced their
intention of consulting with other governments in matters
concerning the exercising of supreme authority assumed by
them in Germany.
The Italian Government, in making known its views concerning the
position of Italy with respect to the present state of Germany,
makes reservations for its demands for reparations from Germany, to
be presented at the seat of the peace conference, to which she
regards her participation necessary as a power that has taken part
with the Allied Nations in the war against Germany.
The Royal Minister of Foreign Affairs begs the Ambassador of the
United States of America to courteously bring the above to the
attention of his Government and expresses the hope that the American
Government, together with the Governments of the other powers
occupying German territory, will take into solicitous and benevolent
consideration the desiderata of the Italian
Government in that spirit of friendly understanding which is
necessary to bring about a peaceful European settlement.
