740.0011 EW (Peace)/8–2347: Telegram
The Ambassador in Italy (Dunn) to the Secretary of State
2475. Re Moscow’s 2671, August 18, relayed Rome as 73, August 19.1 Secretary General Foreign Office confirmed to us that according to opinion prepared by Perassi,2 Italian Govt is empowered to ratify treaty and deposit ratification provided document contains express reservation stating it becomes effective only upon deposit of ratification by four principal allied powers. According to Perassi opinion Italian Govt has alternative of delaying deposit of ratification until such deposit has been made by the four principal powers. Fransoni stated that the govt had not yet decided which of the above courses to follow nor did it intend to reach a decision until the general international situation with regard to the peace treaties had become a little clearer. He expressed his personal opinion that the govt would be subject to embarrassment internally should it appear hasty in taking [Page 563] the formal step of making its deposit of ratification at Paris at this time. Motive for such a move would have to be explained to Italian people and Constituent Assembly who would need to be given reason why govt did not take the second and more obvious alternative. It seems to us that in this delicate situation it would be wise to adhere to policy we have followed so far (Dept’s 1137, July 15) of leaving to Italian Govt decision as to timing of its ratification, at least until United States, British and French ratifications are deposited. In our opinion the preoccupation expressed by Secretary General re unfavorable effect on Italian public opinion which immediate deposit would have is entirely justified.3
Repeated Moscow 147.
- Not printed.↩
- Tommaso Perassi, Deputy in the Italian Constituent Assembly (Republican); Professor of international law in the faculty of jurisprudence of the University of Rome; legal adviser to the Ministry of Foreign Affairs.↩
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In telegram No. 1526, August 27, not printed, the Department instructed Ambassador Dunn that the decision regarding the deposit of Italian ratification should, for the time being at least, be left to the Italian Government. The message was repeated to Moscow as No. 1650. (740.0011 EW (Peace)/8–2347)
On August 28 Mr. Raymund T. Tingling, Assistant Legal Adviser for Military Affairs and Occupied Areas, prepared a memorandum, “Termination of Foreign War by the President”, which read in part as follows:
↩“EUR has requested the opinion of this office on whether the war with Italy can be terminated by the President. Such action is contemplated in the event that the Soviet Government fails to ratify the Italian peace treaty within the near future.…
“Although the matter is not entirely free from doubt, it is the opinion of this Office that as there are no specific constitutional provisions concerning the termination of war the President, in view of his position as head of the State with plenary control of foreign relations and with power as Commander-in-Chief of the Army and Navy to make his decision effective can terminate a foreign war, at least in the absence of statutory provisions inconsistent with such action.” (740.00119 EW/8–2847)