Foreign Relations of the United States: Diplomatic Papers, 1945, European Advisory Commission, Austria, Germany, Volume III

740.00119 E.W./2–1745

Draft Treaty Prepared by the Deputy Foreign Economic Administrator (Cox)²⁰

[Washington,] February 17, 1945.

Treaty on the Demilitarization of Germany

Section 1. The United States of America, the United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics, the National Government of the Republic of China, the Provisional Government of the French Republic and such other members of the United Nations as may become signatories hereto, acting as trustees on behalf of the community of nations, shall have the right, jointly or severally, to take all necessary or appropriate measures or action to insure full compliance by the German Reich with all its duties and obligations under the terms of surrender and under this Treaty, including steps to insure that:

(a) The German armed forces, including the Army, Navy, Luftwaffe and any auxiliaries, however designated, are and remain completely disarmed, demobilized and disbanded.

(b) The German General Staff is broken up for all time.

(c) No German military organization by whatever name or designation, or in whatever form or guise, is permitted to be established or operate in Germany or abroad.

(d) All German military equipment, including naval vessels, aircraft, guns, tanks, ordnance, and all other finished or partly finished munitions and instruments of war, is promptly seized and destroyed or permanently removed.

(e) All German aircraft factories, arsenals, shipyards, laboratories, chemical and other industries, and all other installations used or capable of being used to develop, produce, repair or maintain finished munitions and instruments of war are eliminated or controlled by the United Nations in such manner and for such time as the United Nations may deem advisable to render them incapable of serving any war function.

(f) All war criminals are brought to just and swift punishment and reparation in kind is exacted for the destruction wrought by the Germans.

(g) The Nazi party, Nazi laws, organizations and institutions are wiped out, and all Nazi and militarist influences are permanently removed from public office and from the cultural and economic life of the German people.

(h) In all other respects the reestablishment of Germany’s will, power and capacity to make war or disturb the peace of the world shall be prevented.

Section 2. The measures or action to enforce full compliance by the German Reich with the terms of Section 1 of this Treaty shall include, among others, the stationing of troops and other representatives on German soil for such time and in such numbers as the United Nations, or any one or more of them, deem necessary or desirable, and the use for a period of at least twenty years of the full military and naval force and strength of the United States of America, the United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics, the National Government of the Republic of China, the Provisional Government of the French Republic and such other members of the United Nations as may become signatories hereto, or any of them, whenever and wherever they deem such action necessary to prevent any attempt on the part of the German Reich to reestablish its will, power or capacity to make war or disturb the peace of the world.

20. Transmitted to the Department under cover of a letter of February 17, 1945, from Mr. Cox to Leo Pasvolsky, Special Assistant to the Secretary of State, which reads: “You may be interested in the attached redraft of the Treaty of Demilitarization in the light of the latest developments.” (740.00119 E.W./2–1745)