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116          FOREIGN RELATIONS, 1946, VOLUME IV

                            ANNEX 5
       Contracts, Preseci-ptions and Negotiable Instruments
  [Identical, mutatis rnutartdis, to Annex 5 of the Draft Rumanian
Treaty with the exception that the footnote describing the position of
the U.S. and French Delegations is not repeated here.]

                            ANNEX 6
                  Pze Courts and Judgments

  [Identical, mutatis mutandis, to Annex 6 of the Draft Rumanian
Treaty and Annex 8 of the Draft Italian Treaty with the following
exceptions: the U.S. proposal supported by U.S.S.R. under B. Judg-
ments of the Rumanian and Italian annexes appears here as a U.S.S.R.
proposal; the French proposal under B. Judgments of the Rumanian
and Italian annexes is not repeated here.]


 

				
      
      
				
					









1I. OBSERVATIONS ON THE DRAFT PEACE TREATIES
               BY THE EX-ENEMY STATES
OBSERVATIONS ON THE DRAFT PEACE TREATY WITH ITALY BY
                   THE ITALIAN GOVERNMENT
CF-M Files

  Observations on the Draft Peace Treaty With Italy Submitted
                   by the Italian Delegation 1

                                             PARIS, August, 1946.


                  I. Political and Territorial Clauses

Doe. No. 1 (P).
      ifeimoorandumn on the Preamble to the Draft Peace Treaty

  1. The first premises of the Preamble deal with the Fascist, war of
a ggress!on1 waged by Italy and the responsibility which results. The
wordliol, of this paragraph appears somewhat summary and certain
points are insufficiently precise. It is, therefore, proposed that the
following alterations should be made.
  a. Instead of "Italy under the Fascist regime became a party to
the Tripartite Pact"', insert the following text "Italy was led
by the
Fascist regime to become a party to the Tripartite Pact".
  b. Instead of "declared a war of aggression and entered into war
with all the Allied and Associated Powers and with other United
Nations" it is proposed to adopt the wording used in the Draft Peace
Treaties with other States, as follows: "declared a war of aggression
against some of the above-imentioned Powers and entered into war
with other United Nations".
  It should be pointed out that far from havting entered into war with
all the States mentioned in the Preamble, Italy never declared war
on some of them (Belgium, the Netherlands, Poland, Czechoslovakia)
and never received a declaration of war from the latter. Even though
some of these States, at a particular moment, considered themselves
IS being in a state of war with Italy, this was only as the result of uni-

  1 This document was introduced by and summarized in C.P.(Gen) Doe. 2,
August 26, not printed.
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