740.00119 Council/1–2247: Telegram
The United States Deputy for Germany at the Council of Foreign Ministers (Murphy) to the Secretary of State
450. Delsec 1128 from Murphy. In January twenty-first meeting15 deputies continued discussion questions of procedure re preparation peace treaty for Germany (see Delsec 1125, January 1816).
French Deputy opened discussion by stating that main question is how allied states other than four occupying powers can be effectively associated in work of drafting peace treaty. He cited provisions of Potsdam Agreement, Sec II, paragraph four (I), (II),17 as enabling CFM to adapt procedure to particular case of German peace settlement. He suggested possible use of allied consultation committee composed of representatives of four powers and representatives of other allied states, analagous to committee of that name established under European Advisory Commission for consultation with other allies re terms of unconditional surrender.
USDel presented oral statement on procedural question. We recorded our belief that CFM desired other allied states directly interested in German problem be afforded during current deputy meetings opportunity for genuine discussion German problem. We stated that invitation extended by CFM on December 31 to 18 allied govts to send representatives to present deputy meetings establishes list of states having direct interest in German problem and therefore under Section II, paragraph 4(I), Potsdam Agreement entitled participate in discussion and study of German settlement. We expressed doubt that limited and formal reception views of 18 govts by deputies at present session meets CFM requirements. Accordingly, deputies should consider recommending to CFM that, subject to CFM action at Moscow Conference, further opportunity be given these other allied states to participate in preparation of peace settlement. If after Moscow Conference deputies were to undertake drafting terms of settlement, it [Page 8] was tentatively suggested that there might be carried on concurrently (1) discussion of specific problems by committees of experts of both occupying and non-occupying powers, and (2) drafting by deputies in light of Moscow decisions as well as work of expert committees. When final text of draft settlement has been approved by CFM, document would be offered for signatures of both occupying and non-occupying countries. US statement also raised question, purely for discussion purposes, referred to in Delsec 1125 re form of peace settlement, whether a traditional form of peace treaty should be followed or some form of international statute be either imposed on German people or submitted for acceptance by Provisional German Govt or by referendum.
British deputy pointed out that procedure employed for satellite peace treaties not satisfactory re participation of other powers. He agreed with US deputy that procedure of current deputies meetings not adequate for meetings after Moscow Conference, that opportunity must be given other allies for study and discussion of problems of German peace settlement considered by CFM and deputies. He regarded list of invited states as a minimum of those entitled to participate in consultation. He considered US suggestion of committees of experts as useful idea. He asserted two general principles should govern consultation with other allies: (1) there should be consultation at every stage of process of formulating peace treaty; (2) final decision on text of treaty should be made by full conference, not only of four powers, but of all govts concerned.
In ensuing remarks Soviet deputy evaded central issue of effective participation of other allies in formulating peace settlement for Germany. He first raised question as to who would be drafting peace treaty, although it is common understanding as pointed out by other deputies that CFM or perhaps deputies will undertake actual drafting of peace treaty. He indicated view that peace settlement must take form of treaty. It is assumed that Soviet deputy is awaiting instructions on issue of participation of other allies and that Soviet position will be defined in subsequent discussions.
Next meeting scheduled for afternoon January 23 when Australian representative will be heard. Date of Belgian hearing moved from January 29 to January 31 (Delsec 1125). Date of Czech and Greek hearings not yet scheduled.
Deputies deferred to subsequent meeting answer to letter dated January 20 from Canadian High Commissioner18 asking that if Canada [Page 9] submits observation on peace settlement without prior consideration of its comment on procedure19 (comment similar to Australian and South African, suggesting in particular assistance of other allies in drafting sections of treaty of most concern to them), what assurance will deputies give to Canadian Govt that opportunity will be given in future to discuss settlement with Germany either with deputies or with CFM.
Dept pass to War.
Repeated USPolAd, Berlin 34; repeated USFET unnumbered.
- Under reference here is the 5th Meeting of the Deputies for Germany.↩
- Not printed; it reported upon the 4th Meeting of the Deputies for Germany, January 17, 1947. At that meeting, the Deputies agreed that definite recommendations on questions of procedure regarding the preparation of a Peace Treaty with Germany should be submitted by the Deputies to the Council of Foreign Ministers.↩
- Foreign Relations, The Conference of Berlin (The Potsdam Conference), 1945, vol. ii, p. 1501.↩
- The letter from the High Commissioner for Canada in the United Kingdom, N. A. Robertson, to the Secretary General of the Council of Foreign Ministers, W. D. McAfee, which was circulated to the Deputies for Germany as document CFM(D) (47) (G)18, January 20, 1947, is not printed (CFM Files: Lot M–88: Box 2161: Deputies for Germany Documents).↩
- In response to the Council of Foreign Ministers’ invitation to the Canadian Government to make known its views on the settlement of German and Austrian problems, the High Commissioner for Canada in the United Kingdom addressed a letter to the Council of Foreign Ministers enclosing a statement of the Canadian Government which suggested certain alternative methods of procedure which, in its view, would provide a more satisfactory means by which Canada could take part in the German peace settlement. The statement of the Canadian Government and the covering letter from High Commissioner Robertson, both dated January 14, 1947, were circulated to the Deputies for Germany as document CFM(D) (47) (G)6, January 14, 1947. The Statement by the Canadian Government was released to the press in Ottawa on January 16, 1947. Despatch 4753, January 22, 1947, from Ottawa, not printed, which transmitted copies of the Statement of the Canadian Government and a related press release issued by the Canadian Department of External Affairs, reported on the dissatisfaction of the Canadian Government with the procedures for participating in a German settlement (740.00119 EW/1–2247).↩