REPORTS OF THE COMMISSIONS



Article 38
  Yugoslav Delegation
  The Yugoslav delegation had proposed that the following para-
graph be added at the end of this Article:
  "Albania shall also benefit. from the provisions of this Article."
  This proposal was rejected in the Commission by 12 votes against 8.
                            Motivation
  The Italian invaders and their flunkeys committed innumerable war
crimes in Albania. Albania should therefore have the right to benefit
from the provisions of Article 38, in order to be able to try war crimi-
nals. It is particularly important that the corresponding obligations
be undertaken by Italy where the majority of the war criminals who
have committed offences towards the Albanian people are hiding.
Article 76
  U.S.S.R. Delegation
  Statement by the Soviet Delegation in Regard to Article 76
  The Soviet Delegation proposed to the Political and Territorial
Commission for Italy the following:
  Save where any other procedure is specifically provided under any
article of the present Treaty, disputes concerning the interpretation
or execution of the Treaty shall be settled by direct diplomatic nego-
tiations; if the disputes are not settled in this way, they shall be
referred to the four Ambassadors acting as provided under Article 75
of the Treaty, except that in this case the Ambassadors will not be
restricted by the timelimit provided in that Article.
  The Political and Territorial Commission for Italy rejected this
proposal by the Soviet Delegation.
  At the same time, the Commission accepted the proposal of the U.S.,
U.K. and French Delegations in consequence of which in connection
with the interpretation or application of the Treaty, any disputes
should be referred for final decision by the International Court by
the request of any of the parties of the dispute.
  The Soviet Delegation cannot agree to this proposal because it
establishes compulsory appeal to the International Court- by both
parties whereas the statute of the International Court (Article 37)
provides for voluntary appeal to that Court. The principle involved
cannot be affected by the introduction into the Peace Treaty with Italy
of an article providing for a completely contradictory procedure.
Insofar as the Soviet Union has approved the statute of the Interna-
tional Court, it cannot agree to provisions which would be contrary
to this statute. On the other hand, the proposal made by the U.S.S.R.



331