C.P.(Gen)Doc.1.E.6.
Article 40, paragraph 1 a
undated
Add to the text of Article 40, paragraph 1, A, the following:
… “But Italy may maintain or build permanent fortifications, situated not less than 20 kms. from the frontier, solely for the purpose of ensuring the defence of her territory.”
Justification
- 1.
- After examining the conditions of the Treaty of Peace with Italy,
we note that the clause in Article 40, paragraph 1 a, contains the
following words:
[Page 688]
“1. The system of permanent Italian fortifications and military installations along the Franco-Italian frontier, and their armaments, shall be destroyed or removed.”
- 2.
- To impose such a condition on Italy, in the light, moreover, of the precedent of the Treaty of Versailles which was imposed on Germany, would clearly result in Italy being deprived of her elementary right of defence against possible invasion, or other form of military aggression against her frontiers by land forces. The fact of preventing Italy from becoming a possible aggressor or disturber of the peace and thus preventing the outbreak of a fresh armed conflict, should not deprive that country, in our opinion, of the right to organise and maintain a system of fortifications along its frontier; for the country would otherwise be entirely at the mercy of its neighbours.
- 3.
- Although it is evidently very difficult to determine where the line between defensive and offensive action should be drawn, in other words to determine what constitute means of attack, and active or passive means of defence, permanent fortifications (subject to slight restrictions as regards their dispersal and use, as well as regards the range of the Artillery employed) this should not deprive a nation of the elementary right of self-defence and of safeguards for its sovereignty, in the same way as individuals are entitled to defend their own homes; all the more so since being permanent and stationary, these fortifications cannot well be transformed into elements or means of aggression. On the contrary, they constitute aids to world peace; for by preventing territories being invaded, they would give the United Nations the necessary time for intervening in the conflict.
- 4.
- Under these conditions, and in view of the moral and military aspects of the clause in question, and without any other intentions than those based on respect for the principles of international right and justice, which are those by which Brazilian national policy is inspired, the Brazilian Delegation submits this amendment.