Page 1

PART ONE SURRENDER OF ITALY SEPTEMBER 3, 1943

Page 2

[blank]

Page 3

SURRENDER OF ITALY

Instrument of Armistice and surrender of the Italian Forces to the Commander-in-Chief of the Allied Forces, Gen. Dwight D. Eisenhower. [1]

Sicily, September 3, 1943. [2]

The following conditions of an Armistice are presented by General DWIGHT D. EISENHOWER, Commander-in-Chief of the Allied Forces, acting by authority of the Governments of the United States and Great Britain and in the interest of the United Nations, and are accepted by Marshal PIETRO BADOGLIO, Head of the Italian Government:

1. Immediate cessation of all hostile activity by the Italian armed forces.

2. Italy will use its best endeavors to deny, to the Germans, facilities that might be used against the United Nations.

3. All prisoners or internees of the United Nations to be immediately turned over to the Allied Commander-in-Chief, and none of these may now or at any time evacuated to Germany.

4. Immediate transfer of the Italian Fleet and Italian aircraft to such points as may be designated

[1] See Additional Instrument of Armistice and Surrender of September

29, 1943, p. 12 and Aide-Mémoire of the Allied Commission, February 24,

1945, p. 29.

[2] Released by the Department of State, November 6, 1945. Department

of State Bulletin, November 11, 1945. Signing of the armistice took

place at Fairfield Camp, Cassibide, Fractione of Commune of Syracuse.

Page 4

by the Allied Commander-in-Chief, with details of disarmament to be prescribed by him.

5. Italian merchant shipping may be requisitioned by the Allied Commander-in-Chief to meet the needs of his military-naval program.

6. Immediate surrender of Corsica and of all Italian territory, both islands and mainland, to the Allies, for such use as operational bases and other purposes as the Allies may see fit.

7. Immediate guarantee of the free use by the Allies of all airfields and naval ports in Italian territory, regardless of the rate of evacuation of the Italian territory by the German forces. These ports and fields to be protected by Italian armed forces until this function is taken over by the Allies.

8. Immediate withdrawal to Italy of Italian armed forces from all participation in the current war from whatever areas in which they may now be engaged.

9. Guarantee by the Italian Government that if necessary it will employ all its available armed forces to insure prompt and exact compliance with all the provisions of this armistice.

10. The Commander-in-Chief of the Allied Forces reserves to himself the right to take any measure which in his opinion may be necessary for the protection of the interests of the Allied Forces for the prosecution of the war, and the Italian Government binds itself to take such administrative or other action as the Commander-in-Chief may require, and in particular the Commander-in-Chief will establish Allied Military Government over such parts of Italian territory as he may deem necessary in the military interests of the Allied Nations.

Page 5

11. The Commander-in-Chief of the Allied Forces will have a full right to impose measures of disarmament, demobilization and demilitarization.

12. Other conditions of a political, economic and financial nature with which Italy will be bound to comply will be transmitted at later date.

The conditions of the present Armistice will not be made public without prior approval of the Allied Commander-in-Chief. The English will be considered the official text.

Marshal PIETRO BADOGLIO DWIGHT D. EISENHOWER

Head of the Italian Government General, U. S. Army

Commander in Chief Allied Forces.

By: GIUSEPPE CASTELLANO By: WALTER B. SMITH

Brigadier General, attached to The Major General, U. S. Army

Italian High Command Chief of Staff.

Present: Rt. Hon. HAROLD MACMILLAN

British Resident Minister, AFHQ

ROBERT MURPHY

Personal Representative of the President of the United States

ROYER DICK

Commodore, R. N.

Chief of Staff to the C. in C. Med.

LOWELL W. ROOKS

Major General, U. S. Army

Assistant Chief of Staff, G-3, AFHQ

FRANCO MONTANARI

Official Italian Interpreter

Brigadier KENNETH STRONG

Assistant Chief of Staff, G-2, AFHQ

Page 6

"the Italian Government has surrendered its armed forces unconditionally"

Proclamation by GENERAL EISENHOWER on the Italian Surrender.

United Nations Radio. September 8, 1943. [3]

This is Gen. Dwight D. Eisenhower, Commander in Chief of the Allied Forces.

The Italian Government has surrendered its armed forces unconditionally. As Allied Commander in Chief, I have granted a military armistice, the terms of which have been approved by the Governments of the United Kingdom, the United States and the Union of Soviet Socialist Republics. Thus I am acting in the interest of the United Nations.

The Italian Government has bound itself to abide by these terms without reservation. The armistice was signed by my representative and the representative of Marshal Badoglio and it becomes effective this instant.

Hostilities between the armed forces of the United Nations and those of Italy terminate at once. All Italians who now act to help eject the German aggressor from Italian soil will have the assistance and the support of the United Nations.

[3] New York Times. September 9, 1943.

Page 7

". . . cease all acts of hostility against the Anglo-American Forces wherever they may be met"

Proclamation of Italian Surrender by MARSHAL PIETRO BADOGLIO, Head of the Italian Government.

Rome Radio. September 8, 1943. [4]

The Italian Government, recognizing the impossibility of continuing the unequal struggle against the overwhelming power of the enemy, with the object of avoiding further and more grievous harm to the nation, has requested an armistice from General Eisenhower, Commander in Chief of the Anglo-American Allied forces. This request has been granted. The Italian forces will therefore cease all acts of hostility against the Anglo-American forces wherever they may be met. They will, however, oppose attack from any other quarter.

"save your ships and follow the directions now given to you by the United Nations"

Instructions to the Italian Fleet and Mercantile Marine by SIR ANDREW BROWNE CUNNINGHAM, Commander-in-Chief of the Allied Naval Forces in the Mediterranean.

United Nations Radio. Algiers. September 8, 1943. [5]

Sailors of the Italian Navy and mercantile marine:

Your country has terminated hostilities against the United Nations. The German armed forces have

[4] New York Times, September 9, 1943.

[5] New York Times, September 9, 1943.

Page 8

become the open enemies of the Italian people and intend to seize your ships.

Your ships are urgently needed to assist in the work of carrying supplies to Italy and your warships to protect them from the Germans. Take heed, therefore, that you do not scuttle your ships or allow them to be captured.

The forces of the United Nations are watching out to receive you and protect you. Save your ships and follow the directions now given to you by the United Nations.

Ships in the Mediterranean, sail to a place safe from the interference of the German armed forces. Sail if you can to North Africa or Gibraltar, to Tripoli or Malta, to Haifa or Alexandria, or to Sicily, there to await the outcome of events.

Ships in the Black Sea, sail to Russian ports. If you have not the fuel to do this, then proceed to neutral ports.

When you meet forces of the United Nations, identify yourself by day by flying a large black or dark blue pennant from the main mast, by showing large circular patches from your decks as identification to aircraft.

By night, if darkened ships are met, burn dim navigation lights and flash the letters "GA" toward the darkened ship.

Follow carefully all directions of United Nations forces. These are given to insure your safety.

Merchant seamen, if you first preserve your ships intact and afterward satisfy the authorities of the United Nations that you will loyally cooperate with them, there will be opportunity for further seagoing employment for you in Italian ships.

Page 9

Those of you who are in the Aegean or the Black Sea, if you cannot make good your escape from the Germans, who are now your enemies, do not let your ships fall into their hands. As a last resort, scuttle them or sabotage them, rather than let them fall into the hands of the Germans to be used against Italy.

Ships intending to act in conformity with this message may confirm their safe conduct by calling "Malta V P T" or "Algiers F U G" or "Alexandria S U H" on 500 kilocycles. [6]

"the war between Italy and the United Nations is ended"

Order of the Day addressed by radio to Italian forces in the Balkan and Aegean areas by the Allied Commander in the Middle East, LIEUTENANT GENERAL SIR HENRY MAITLAND WILSON.

Cairo. September 8, 1943. [7]

An armistice has been signed by your Government. The war between Italy and the United Nations is ended.

Based on the terms of the armistice, the following are my immediate orders to all members of the Italian armed forces in the Balkan area:

[6] These preliminary instructions were expanded in the

Cunningham-DeCourten Memorandum of Agreement on Employment and Disposition

of the Italian Fleet and Merchant Marine on September 23, and amended on

November 17, 1943. Admiral R. DeCourten registered his objection to the

amendment of the original Memorandum in a statement issued November 17,

1943; the amendment broadened controls by the Allies; on November 6, 1945,

the State Department released a commentary regarding the execution of the

Cunningham-DeCourten Memorandum. Department of State Bulletin,

November 11, 1945.

[7] New York Times. September 9, 1943

Page 10

First, all acts of hostility toward the peoples in whose countries you find yourselves will cease forthwith.

Second, the strictest discipline will be maintained throughout all units and all units will retain their formations.

Third, all attempts by the Germans or their satellites to disarm or disband the Italian forces or gain possession of their weapons, stores of petrol or water, or points now being garrisoned by them, will be resisted to the utmost. All orders transmitted by the Germans will be disregarded.

Fourth, Italian forces in the Dodecanese will take over by force all points now in possession of the Germans.

Fifth, all units of the Italian Navy and Italian merchant marine will proceed immediately as follows: merchant ships east of 170 east longitude, direct to Alexandria, except, if necessary to refuel, they may call at intermediate United Nations ports; warships in the Aegean to Haifa.

Sixth, all aircraft in the Italian Air Force will be flown immediately to Nicosia, Derna or Tobruk (seaplanes to El Adem).

The procedure to be followed by Italian aircraft in approaching a landing in Allied territory will be: give a five-mile berth to all shipping at sea and avoid ports on approaching the coast; fly at 3,000 feet with undercarriage down from twenty miles at sea to the coast and then to the airdrome selected for the landing; complete two left-hand circuits of the airdrorme at 1,000 feet before coming in to land.

Disregard of these orders or of subsequent orders that shall issue will be considered a breach of the

Page 11

armistice terms accepted by your Commander in Chief and will be to the prejudice of your future treatment.

"now is the time for every Italian to strike his blow"

Joint Message upon the Italian Surrender from PRESIDENT ROOSEVELT and PRIME MINISTER CHURCHILL to MARSHAL BADOGLIO and the Italian people.

Washington and London. September 10, 1943. [8]

"It has fallen to you in the hour of your country's agony to take the first decisive steps to win peace and freedom for the Italian people and to win back for Italy an honourable place in the civilization of Europe.

"You have already freed your country from Fascist servitude. There remains the even more important task of cleansing the Italian soil from the German invaders. Hitler, through his accomplice Mussolini, has brought Italy to the verge of ruin. He has driven the Italians into disastrous campaigns in the sands of Egypt and the snows of Russia. The Germans have always deserted the Italian troops on the battlefield, sacrificing them contemptuously in order to cover their own retreats. Now Hitler threatens to subject you all to the cruelties he is perpetrating in so many lands.

"Now is the time for every Italian to strike his blow. The liberating armies of the Western World

[8] Department of State Bulletin, September 11. 1943.

Page 12

are coming to your rescue. We have very strong forces and are entering at many points. The German terror in Italy will not last long. They will be extirpated from your land and you, by helping in this great surge of liberation, will place yourselves once more among the true and long-proved friends of your country from whom you have been so wrongfully estranged.

"Take every chance you can. Strike hard and strike home. Have faith in your future. All will come well. March forward with your American and British friends in the great world movement towards Freedom, Justice and Peace."

ADDITIONAL INSTRUMENT OF ARMISTICE and surrender of the Italian forces to the Commander-in-Chief of the Allied forces, General Dwight D. Eisenhower

[9]

Malta. September 29, 1943.

Whereas in consequence of an Armistice dated September 3, 1943 between the United States and United Kingdom Governments acting in the interests of all the United Nations on the one hand, and the Italian Government on the other hand, hostilities were suspended between Italy and United Nations on certain terms of a military nature;

And whereas in addition to those terms it was also

[9] Department of State Bulletin, November 11, 1945.

Page 13

provided in the said Armistice that the Italian Government bound themselves to comply with other conditions of a political, economic and financial nature to be transmitted later;

And whereas it is convenient that the terms of a military nature and the said other conditions of a political, economic and financial nature should without prejudice to the continued validity of the terms of the said Armistice of September 3rd, 1943, be comprised in a further instrument;

The following, together with the terms of the Armistice of September 3, 1943, are the terms on which the United States, United Kingdom and Soviet Governments, acting on behalf of the United Nations, are prepared to suspend hostilities against Italy so long as their military operations against Germany and the Allies are not obstructed and Italy does not assist these powers in any way and complies with the requirements of these governments.

These terms have been presented by General DWIGHT D. EISENHOWER, Commander-in-Chief, Allied Forces, duly authorized to that effect;

and have been accepted unconditionally by Marshal PIETRO BADOGLIO, Head of the Italian Government representing the Supreme Command of the Italian Land, Sea and Air forces and duly authorized to that effect by the Italian Government.

1. (A) The Italian Land, Sea and Air forces wherever located hereby surrender. Italian participation in the war in all Theaters will cease immediately. There will be no opposition to landings, movements or other operations of the Land, Sea and Air Forces of the United Nations. Accordingly, the Italian Supreme

Page 14

Command will order the immediate cessation of hostilities of any kind against the Forces of the United Nations and will direct the Italian Navy, Military and Air Force authorities in all Theaters to issue forthwith the appropriate instructions to those under their Command.

(B) The Italian Supreme Command will further order all Italian Naval, Military and Air Forces or authorities and personnel to refrain immediately from destruction of or damage to any real or personal property, whether public or private.

2. The Italian Supreme Command will give full information concerning the disposition and condition of all Italian Land, Sea and Air Forces, wherever they are situated and of all such forces of Italy's Allies as are situated in Italian or Italian occupied territory.

3. The Italian Supreme Command will take the necessary measures to secure airfields, port facilities, and all other installations against seizure or attack by any of Italy's Allies. The Italian Supreme Command will take the necessary measures to insure Law and Order, and to use its available armed forces to insure prompt and exact compliance with all the provisions of the present instrument. Subject to such use of Italian troops for the above purposes, as may be sanctioned by the Allied Commander-in-Chief, all other Italian Land, Sea and Air Forces will proceed to and remain in their barracks, camps or ships pending directions from the United Nations as to their future status and disposal. Exceptionally such Naval personnel shall proceed to shore establishments as the United Nations may direct.

4. Italian Land, Sea and Air Forces will within

Page 15

the periods to be laid down by the United Nations withdraw from all areas outside Italian territory notified to the Italian Government by the United Nations and proceed to areas to be specified by the United Nations. Such movement of Italian Land, Sea and Air Forces will be carried out in conditions to be laid down by the United Nations and in accordance with the orders to be issued by them. All Italian officials will similarly leave the areas notified except any who may be permitted to remain by the United Nations. Those permitted to remain will comply with the instructions of the Allied Commander-in-Chief.

5. No requisitioning, seizures or other coercive measures shall be effected by Italian Land, Sea and Air Forces or officials in regard to persons or property in the areas notified under Article 4.

6. The demobilization of Italian Land, Sea and Air Forces in excess of such establishments as shall be notified will take place as prescribed by the Allied Commander-in-Chief.

7. Italian warships of all descriptions, auxiliaries and transports will be assembled as directed in ports to be specified by the Allied Commander-in-Chief and will be dealt with as prescribed by the Allied Commander-in-Chief. (NOTE. If at the date of the Armistice the whole of the Italian Fleet has been assembled in Allied ports, this article would run-"Italian warships of all descriptions, auxiliaries, and transports will remain until further notice in the ports where they are at present assembled, and will be dealt with as prescribed by the Allied Commander-in-Chief.")

8. Italian aircraft of all kinds will not leave the

Page 16

ground or water or ships, except as directed by the Allied Commander-in-Chief.

9. Without prejudice to the provisions 14, 15 and 28 (A) and (D) below, all merchant ships, fishing or other craft of whatever flag, all aircraft and inland transport of whatever nationality in Italian or Italian-occupied territory or waters will, pending verification of their identity and status, be prevented from leaving.

10. The Italian Supreme Command will make available all information about naval, military and air devices, installations, and defences, about all transport and inter-communication systems established by Italy or her allies on Italian territory or in the approaches thereto, about minefields or other obstacles to movement by land, sea or air and such other particulars as the United Nations may require in connection with the use of Italian bases, or with the operations, security, or welfare of the United Nations Land, Sea or Air Forces. Italian forces and equipment will be made available as required by the United Nations for the removal of the above mentioned obstacles.

11. The Italian Government will furnish forthwith lists of quantities of all war material showing the location of the same. Subject to such use

as the Allied Commander-in-Chief may make of it, the war material will be placed in store under such control as he may direct. The ultimate disposal of war material will be prescribed by the United Nations.

12. There will be no destruction of nor damage to nor, except as authorized or directed by the United Nations, any removal of war material, wire-

Page 17

less, radio location or meteorological stations, railroad, port or other installations or in general, public or private utilities or property of any kind, wherever situated, and the necessary maintenance and repair will be the responsibility of the Italian authorities.

13. The manufacture, production and construction of war material and its import, export and transit is prohibited, except as directed by the United Nations. The Italian Government will comply with any directions given by the United Nations for the manufacture, production or construction and the import, export or transit of war material.

14. (A) All Italian merchant shipping and fishing and other craft, wherever they may be, and any constructed or completed during the period of the present instrument will be made available in good repair and in seaworthy condition by the competent Italian authorities at such places and for such purposes and periods as the United Nations may prescribe. Transfer to enemy or neutral flags is prohibited. Crews will remain on board pending further instructions regarding their continued employment or dispersal. Any existing options to repurchase or re-acquire or to resume control of Italian or former Italian vessels sold or otherwise transferred or chartered during the war will forthwith be exercised and the above provisions will apply to all such vessels and their crews.

(B) All Italian inland transport and all port equipment will be held at the disposal of the United Nations for such purposes as they may direct.

15. United Nations merchant ships, fishing and

Page 18

other craft in Italian hands wherever they may be (including for this purpose those of any country which has broken off diplomatic relations with Italy) whether or not the title has been transferred as the result of prize court proceedings or otherwise, will be surrendered to the United Nations and will be assembled in ports to be specified by the United Nations for disposal as directed by them. The Italian Government will take all such steps as may be required to secure any necessary transfers of title. Any neutral merchant ship, fishing or other craft under Italian operation or control will be assembled in the same manner pending arrangements for their ultimate disposal. Any necessary repairs to any of the above mentioned vessels will be effected by the Italian Government, if required, at their expense. The Italian Government will take the necessary measures to insure that the vessels and their cargo are not damaged.

16. No radio or telecommunication installations or other forms of intercommunication, ashore or afloat, under Italian control whether belonging to Italy or any nation other than the United Nations will transmit until directions for the control of these installations have been prescribed by the Allied Commander-in-Chief. The Italian authorities will conform to such measures for control and censorship of press and of other publications, of theatrical and cinematograph performances, of broadcasting, and also of all forms of intercommunication as the Allied Commander-in-Chief may direct. The Allied Commander-in-Chief may, at his discretion, take over radio, cable and other communication stations.

17. The warships, auxiliaries, transports and mer-

Page 19

chant and other-vessels and aircraft in the service of the United Nations will have the right freely to use the territorial waters around and the air over Italian territory.

18. The forces of the United Nations will require to occupy certain parts of Italian territory. The territories or areas concerned will from time to time be notified by the United Nations and all Italian Land, Sea and Air Forces will thereupon withdraw from such territories or areas in accordance with the instructions issued by the Allied Commander-in-Chief. The provisions of this article are without prejudice to those of article 4 above. The Italian Supreme Command will guarantee immediate use and access to the Allies of all airfields and Naval ports in Italy under their control.

19. In the territories or areas referred to in article 18 all Naval, Military and Air installations, power stations, oil refineries, public utility services, all ports and harbors, all transport and all inter-communication installations, facilities and equipment and such other installations or facilities and all such stocks as may be required by the United Nations will be made available in good condition by the competent Italian authorities with the personnel required for working them. The Italian Government will make available such other local resources or services as the United Nations may require.

20. Without prejudice to the provisions of the present instrument the United Nations will exercise all the rights of an occupying power throughout the territories or areas referred to in article 18, the administration of which will be provided for by the issue of proclamations, orders or regulations. Per-

Page 20

sonnel of the Italian administrative, judicial and public services will carry out their functions under the control of the Allied Commander-in-Chief unless otherwise directed.

21. In addition to the rights in respect of occupied Italian territories described in articles 18 to 20,

(A) Members of the Land, Sea or Air Forces and officials of the United Nations will have the right of passage in or over non-occupied Italian territory and will be afforded all the necessary facilities and assistance in performing their functions.

(B) The Italian authorities will make available on non-occupied Italian territory all transport facilities required by the United Nations including free transit for their war material and supplies, and will comply with instructions issued by the Allied Commander-in-Chief regarding the use and control of airfields, ports, shipping, inland transport systems and vehicles, intercommunication systems, power stations and public utility services, oil refineries, stocks and such other fuel and power supplies and means of producing same, as the United Nations may specify, together with connected repair and construction facilities.

22. The Italian Government and people will abstain from all action detrimental to the interests of the United Nations and will carry out promptly and efficiently all orders given by the United Nations.

23. The Italian Government will make available such Italian currency as the United Nations may require. The Italian Government will with-

Page 21

draw and redeem in Italian currency within such time limits and on such terms as the United Nations may specify all holdings in Italian territory of currencies issued by the United Nations during military operations or occupation and will hand over the currencies withdrawn free of cost to the United Nations. The Italian Government will take such measures as may be required by the United Nations for the control of banks and business in Italian territory, for the control of foreign exchange and foreign commercial and financial transactions and for the regulation of trade and production and will comply with any instructions issued by the United Nations regarding these and similar matters.

24. There shall be no financial, commercial or other intercourse with or dealings with or for the benefit of countries at war with any of the United Nations or territories occupied by such countries or any other foreign country except under authorization of the Allied Commander-in-Chief or designated officials.

25. (A) Relations with countries at war with any of the United Nations, or occupied by any such country, will be broken off. Italian diplomatic, consular and other officials and members of the Italian Land, Sea, and Air Forces accredited to or serving on missions with any such country or in any other territory specified by the United Nations will be recalled. Diplomatic and consular officials of such countries will be dealt with as the United Nations may prescribe.

(B) The United Nations reserve the right to require the withdrawal of neutral diplomatic and

Page 22

consular officers from occupied Italian territory and to prescribe and lay down regulations governing the procedure for the methods of communication between the Italian Government and its representatives in neutral countries and regarding communications emanating from or destined for the representatives of neutral countries in Italian territory.

26. Italian subjects will, pending further instructions, be prevented from leaving Italian territory except as authorized by the Allied Commander-in-Chief and will not in any event take service with any of the countries or in any of the territories referred to in article 25 (A) nor will they proceed to any place for the purpose of undertaking work for any such country. Those at present so serving or working will be recalled as directed by the Allied Commander-in-Chief.

27. The Military, Naval and Air personnel and material and the merchant shipping, fishing and other craft and the aircraft, vehicles and other transport equipment of any country against which any of the United Nations is carrying on hostilities or which is occupied by any such country, remain liable to attack or seizure wherever found in or over Italian territory or waters.

28. (A) The warships, auxiliaries and transports of any such country or occupied country referred to in article 27 in Italian or Italian-occupied ports and waters and the aircraft, vehicles and other transport equipment of such countries in or over Italian or Italian-occupied territory will, pending further instructions, be prevented from leaving.

(B) The Military, Naval and Air personnel and the

Page 23

civilian nationals of any such country or occupied country in Italian or Italian-occupied territory will be prevented from leaving and will be interned pending further instructions.

(C) All property in Italian territory belonging to any such country or occupied country or its nationals will be impounded and kept in custody pending further instructions.

(D) The Italian Government will comply with any instructions given by the Allied Commander-in-Chief concerning the internment, custody or subsequent disposal, utilization or employment of any of the above mentioned persons, vessels, aircraft, material or property.

29. Benito Mussolini, his chief Fascist associates, and all persons suspected of having committed war crimes or analogous offences whose names appear on lists to be communicated by the United Nations and who now or in the future are on territory controlled by the Allied Military Command or by the Italian Government, will forthwith be apprehended and surrendered into the hands of the United Nations. Any instructions given by the United Nations to this purpose will be complied with.

30. All Fascist organizations, including all branches of the Fascist Militia (MVSN), the Secret Police (OVRA), all Fascist youth organizations will insofar as this is not already accomplished be disbanded in accordance with the directions of the Allied Commander-in-Chief. The Italian Government will comply with all such further directions as the United Nations may give for abolition of Fascist institutions, the dismissal and internment of Fascist personnel,

Page 24

the control of Fascist funds, the suppression of Fascist ideology and teaching.

31. All Italian laws involving discrimination on grounds of race, color, creed or political opinions will insofar as this is not already accomplished be rescinded, and persons detained on such grounds will as directed by the United Nations, be released and relieved from all legal disabilities to which they have been subjected. The Italian Government will comply with all such further directions as the Allied Commander-in-Chief may give for repeal of Fascist legislation and removal of any disabilities or prohibitions resulting therefrom.

32. (A) Prisoners of war belonging to the forces of, or specified by, the United Nations and any Nationals of the United Nations, including Abyssinian subjects, confined, interned, or otherwise under restraint in Italian or Italian-occupied territory will not be removed and will forthwith be handed over to representatives of the United Nations or otherwise dealt with as the United Nations may direct. Any removal during the period between the presentation and the signature of the present instrument will be regarded as a breach of its terms.

(B) Persons of whatever nationality who have been placed under restriction, detention or sentence (including sentences in absentia) on account of their dealings or sympathies with the United Nations will be released under the direction of the United Nations and relieved from all legal disabilities to which they have subjected.

(C) The Italian Government will take such steps as the United Nations may direct to safeguard the persons of foreign nationals and property of foreign

Page 25

nationals and property of foreign states and nationals.

33. (A) The Italian Government will comply with such directions as the United Nations may prescribe regarding restitution, deliveries, services or payments by way of reparation and payment of the costs of occupation during the period of the present instrument.

(B) The Italian Government will give to the Allied Commander-in-Chief such information as may be prescribed regarding the assets, whether inside or outside Italian territory, of the Italian state, the Bank of Italy, any Italian state or semi-state institutions or Fascist organizations or residents in Italian territory and will not dispose or allow the disposal, outside Italian territory of any such assets except with the permission of the United Nations.

34. The Italian Government will carry out during the period of the present instrument such measures of disarmament, demobilization and demilitarization as may be prescribed by the Allied Commander-in-Chief.

35. The Italian Government will supply all information and provide all documents required by the United Nations. There shall be no destruction or concealment of archives, records, plans or any other documents or information.

36. The Italian Government will take and enforce such legislative and other measures as may be necessary for the execution of the present instrument. Italian military and civil authorities will comply with any instructions issued by the Allied Commander-in-Chief for the same purpose.

37. There will be appointed a Control Commission representative of the United Nations charged with

Page 26

regulating and executing this instrument under the orders and general directions of the Allied Commander-in-Chief.

38. (A) The term "United Nations" in the present instrument includes the Allied Commander-in-Chief, the Control Commission and any other authority which the United Nations may designate.

(B) The term "Allied Commander-in-Chief" in the present instrument includes the Control Commission and such other officers and representatives as the Commander-in-Chief may designate.

39. Reference to Italian Land, Sea and Air Forces in the present instrument shall be deemed to include Fascist Militia and all such other military or paramilitary units, formations or bodies as the Allied Commander-in-Chief may prescribe.

40. The term "War Material" in the present instrument denotes all material specified in such lists or definitions as may from time to time be issued by the Control Commission.

41. The term "Italian Territory" includes all Italian colonies and dependencies and shall for the purposes of the present instrument (but without prejudice to the question of sovereignty) be deemed to include Albania. Provided however that except in such cases and to such extent as the United Nations may direct, the provisions of the present instrument shall not apply in, or affect the administration of any Italian colony or dependency already occupied by the United Nations or the rights or powers therein possessed or exercised by them.

42. The Italian Government will send a delegation to the Headquarters of the Control Commission to represent Italian interests and to transmit the orders

Page 27

of the Control Commission to the competent Italian authorities.

43. The present instrument shall enter into force at once. It will remain in operation until superseded by any other arrangements or until the voting into force of the peace treaty with Italy.

44. The present instrument may be denounced by the United Nations with immediate effect if Italian obligations thereunder are not fulfilled or, as an alternative, the United Nations may penalize contravention of it by measures appropriate to the circumstances such as the extension of the areas of military occupation or air or other punitive action.

The present instrument is drawn up in English and Italian, the English text being authentic, and in case of any dispute regarding its interpretation, the decision of the Control Commission will prevail.

Signed at Malta on the 29 day of September, 1943.

MARSHAL PIETRO BADOGLIO DWIGHT D. EISENHOWER

Head of the Italian General, United States Army

Government Commander-in-Chief,

Allied Force.

Letter from GENERAL EISENHOWER to MARSHAL BADOGLIO explanatory of the signing of the Additional Armistice and Surrender Instrument, September 29, 1943. [10]

29TH SEPTEMBER, 1943.

MY DEAR MARSHAL BADOGLIO,

The terms of the armistice to which we have just appended our signatures are supplementary to the short military armistice signed by your representative and mine on September 3rd, 1943. They are

[10] Department of State Bulletin, November 11,1945.

Page 28

based upon the situation obtaining prior to the cessation of hostilities. Developments since that time have altered considerably the status of Italy, which has become in effect a cooperator with the United Nations.

It is fully recognized by the Governments on whose behalf I am acting that these terms are in some respects superseded by subsequent events and that several of the clauses have become obsolescent or have already been put into execution. We also recognize that it is not at this time in the power of the Italian Government to carry out certain of the terms. Failure to do so because of existing conditions will not be regarded as a breach of good faith on the part of Italy. However, this document represents the requirements with which the Italian Government can be expected to comply when in a position to do so. [11]

It is to be understood that the terms both of this document and of the short military armistice of September 3rd may be modified from time to time if military necessity or the extent of cooperation by the Italian Government indicates this as desirable.

Sincerely,

DWIGHT D. EISENHOWER

General, United States Army

Commander-in-Chief, Allied Forces.

His Excellency

Marshal PIETRO BADOGLIO,

Head of the Italian Government.

[11] See the Commentary on the Additional Conditions of the Armistice with

Italy, released by the Department of State on November 6, 1945, for

explanation of the extent to which the article of agreement were

implemented or modified. Department of State Bulletin, November 11,

1945.

Page 29

"... the Allied Governments propose to relax the control of the Italian Government under the Armistice in the matter of the day to-day Administration..."

Aide-Mémoire of the Allied Commission to the Italian Government.

February 24, 1945. [12]

In accordance with the declaration of the President of the United States of America and the Prime Minister of the United Kingdom of Great Britain, the Allied Governments propose to relax the control of the Italian Government under the armistice in the matter of day-to-day administration and only to exercise such control when Allied military interests require.

2. The Political Section of the Allied Commission is being abolished as of the 1st March, 1945. The Italian Ministry for Foreign Affairs will deal with the Chief Commissioner on matters of major policy, and on matters of minor policy and routine business it will address itself to whatever section (economic or civil affairs) of the commission may be appropriate to the subject involved. Matters involving the travel of diplomatic and other public officials will hereafter be dealt with on behalf of the commission by the office of the Executive Commissioner.

3. The Italian Government will continue, as at present, to have direct relations with foreign diplomatic representatives accredited to the Quirinal.

[12] Department of State Bulletin, November 11, 1945.

Page 30

The Allied Commission should be kept generally informed by the Italian Government of any negotiations in which they engage with other Governments. Facilities for the use of secret bags will be granted to the Italian Government for use in correspondence with their diplomatic representatives abroad. Undeposited cypher facilities cannot be allowed for the present.

In so far as these negotiations have to do with economic and financial matters, the Economic Section and its Finance Sub-Commission should be kept informed of their progress.

It would be convenient if the Italian Government would furnish a periodic summary of all negotiations completed or pending with other Governments.

4. The Allied Commission will limit its dealings with respect to territory under the jurisdiction of the Italian Government to consultation with and advice to the Ministers of the Italian Government.

5. The advisory functions of the Sub-Commissions of Education, Monuments and Fine Arts, Local Government, Legal and Labour in territory under the jurisdiction of the Italian Government will be performed only when requested by the Italian Government.

6. It will no longer be necessary for the Italian Government to obtain the approval of the Allied Commission for decrees and other legislation enacted by the Italian Government in the territory under the jurisdiction of the Italian Government.

Nevertheless the Allied Commission should be informed of proposed decrees some time before their enactment, in order to enable the Chief Com-

Page 31

missioner to consult with the Italian Government as to their application to territory under the jurisdiction of Allied Military Government (A.M.G.), and to lay plans for their effective implementation in such territory when appropriate.

7. It will no longer be necessary for the Italian Government to obtain approval of the Allied Commission for Italian appointments, whether to national or local offices, in territory under the jurisdiction of the Italian Government except with regard to the attached list of positions having military significance. The Italian Government will have the right to alter appointments made previously by A.M.G. authorities.

8. The Allied Commission officers stationed in the field in the territory under the jurisdiction of the Italian Government will be withdrawn. As a first step it is intended to abolish by the 1st April, 1945, the Regional Offices of the Allied Commission for Sicilia, Sardegna, Southern and Lazio-Umbria Regions. Representatives of the Allied Commission will, however, be sent into territory under the jurisdiction of the Italian Government when necessary and certain specialist officers with economic functions will remain in such territory for a limited period.

9. It is the desire of the Allies to encourage free trade in knowledge and learning with the Italian people. Arrangements will be facilitated for the flow between Italy and the United Nations of books and other publications of a scientific, political, philosophical and artistic nature, and for the movement of scholars, artists and professional men between Italy and the United Nations.

Page 32

10. The Allies welcome the decision to hold local elections in territory under the jurisdiction of the Italian Government as soon as may be.

11. The Allied nations desire to make concessions with regard to Italian prisoners of war now or hereafter held in Italy, other than those captured since the armistice was signed. Provided that arrangements can be made for the services of such persons to continue to be made available on terms satisfactory to the Supreme Allied Commander, their status as prisoners of war will be terminated.

12. It is essential that the Italian Government formulate and implement appropriate economic controls and take all other steps possible both in order to ensure that maximum production and effective and equitable distribution and control of consumption of local resources possible under existing conditions be secured and as a prerequisite to increased economic assistance.

13. In the joint programme of essential Italian imports, now being prepared by the Inter-Ministerial Committee for Reconstruction and the Economic Section of this commission, there will be some supplies for which the combined United States-United Kingdom military authorities will assume responsibility for procurement (Category "A") and other supplies for which they will not assume responsibility (Category "B"). A definition of the supplies which fall into Category "A" follows:-

(a) Those quantities of agreed essential supplies necessary to prevent disease and unrest prejudicial to military operations, such as food, fuel, clothing, medical and sanitary supplies.

Page 33

(b) Those supplies, the importation of which will reduce military requirements for the import of essential civilian supplies for the purposes referred to in this paragraph, such as fertilizer, raw materials, machinery and equipment.

(c) Those materials essential for the rehabilitation of such of the Italian communication facilities, power systems and transportation facilities as will directly further the Allied military effort.

14. The programme for which the military authorities assume responsibility will be maintained for the duration of combined (United States-United Kingdom) operations in Italy. For this period, and within the limits defined in paragraph 13, Italy will be treated as a whole. The date of the termination of military responsibility will be fixed by the Allied Nations.

15. In addition to the programme of supplies for which the military assume responsibility for procurement (Category "A") the Allied Commission will assist the Italian Government in the preparation of programmes of supplies designed to rehabilitate Italian industry. Such programmes, referred to as Category "B," will be handled under procedures already notified. The purchasing of supplies in Category "B" programmes will be undertaken immediately without reference to the present difficult shipping position in order that the supplies so purchased may be called forward as and when shipping space becomes available.

16. The Allies desire that industrial rehabilitation in Italy be carried out by the Italian Government to the fullest extent permitted by Italian resources and

Page 34

such supplies as it may be possible to import under the terms of paragraphs 13, 14 and 15 above, and subject to the limitation in paragraph 19 below. The sole exception to this principle is to be made in the case of industries involving the production or repair of munitions or other implements of war, which will be rehabilitated only to the extent required by the Supreme Allied Commander in the discharge of his military mission, and to the extent necessary to further the Allied military effort in other theatres. The priority order in which Italian industry will be rehabilitated (after the rehabilitation of industries essential for Allied Military purposes) will be determined by the Italian Government, with the assistance and advice of the Allied Commission.

17. The prime responsibility for the control of inflation in Italy, including the imposition and administration of the appropriate financial controls and economic controls, and appropriate utilization of supplies, rests with the Italian Government. In this connection, as in others, the Allied Commission stands ready to advise and assist.

18. The extent to which exports are to be stimulated and the development of machinery to handle export trade are for determination by the Italian Government. For the time being, the Italian export programme will necessarily be limited by certain shipping, military, financial and supply factors. The applicability of these factors to individual programmes will be worked out between the Italian Government and the Economic Section of the Allied Commission along the lines already discussed by the Economic Section with the Inter-Ministerial Committee for Reconstruction.

Page 35

19. Nothing contained in the above should be taken as constituting a commitment by the Allied Nations with respect to shipping. Any supplies to be imported into Italy must be transported within such shipping as may be allocated from time to time by the Allied Nations.

HAROLD MACMILLAN.

24th February, 1945.

List of Italian Government appointments requiring prior approval by the

Allied Commission.

Minister of War.

Minister of Marine.

Minister of Air.

Any other Minister of Armed Forces who may be created.

Under-Secretary for Telecommunications.

Director of Railroads.

Director-General of Pubblica Sicurezza.

Commanding General, CC. RR.

Chief of Staff, CC. RR.

Commanding General, GG. FF.

Appointments in the Army, Navy and Air Force in accordance with current

practice.

Page 36

[blank]

Beginning of Page