Foreign Relations of the United States, 1952–1954, Germany and Austria, Volume VII, Part 1

662.001/5–652: Telegram

No. 95
The Ambassador in the United Kingdom (Gifford) to the Department of State¹

secret priority

London, May 6, 1952—8 p.m.

5037. Fol tentative draft text mentioned immed preceding cable.²

Verbatim text.

1. In reply to the Sov Govt’s note of the 9 Apr, Her Majesty’s Govt wish to make the fol observations in regard to the election of an all-Ger Govt and the negot of a peace treaty with Ger. It remains the policy of HMG to achieve both these objectives on terms that will ensure unity with freedom and peace with security.

2. They are ready to begin negots with the Sov Govt on these issues at the earliest possible date. But HMG and the US, French and Soviet Govts must first reach a clear understanding upon the scope of the negots and upon the fundamental problems to be examined. Proper preparation is essential to success and to avoid long delays such as led to the failure of earlier mtgs. The Sov Govt’s note of the 9th Apr throws little new light on what they consider shld be the means for ensuring the success of any such negots.

3. HMG think it necessary to recall the main principles guiding their policy in regard to Eur and more especially to Ger. They seek to eliminate once and for all from internatl relations the nationalist and militarist spirit which has been the chief cause of so many conflicts. The interests of all peoples call for a true unity based upon freedom of choice and mutual benefit, established by peaceful means throughout Eur. In this way peaceful solutions to the most difficult problems, and particularly the Ger problem, can be reached. Ger is divided because Eur is divided.

4. HMG, in close co-operation with the Fr and US Govts, have encouraged and supported all moves towards unity in West Eur. After three years of fruitless effort to reunite Ger, the three West Zones were unified in 1948 and the freely-elected, democratic govt of the FedRep came into existence in 1949. Further progress has been made since and Ger’s free adherence to the peaceful community of Eur nations is now possible. A reunited Ger could now participate in a system conceived not only to protect the peace but to promote econ well-being. HMG are resolved to continue to support this programme. They are more than ever convinced that it represents the true path to peace. It is not directed against any states: Nor does it threaten anyone.

5. HMG have no responsibility for the failure to extend this cooperation beyond its present limits. They remain ready to examine with sincerity and good will any practical and precise suggestions designed to reduce tension and to heal existing divisions.

6. HMG do not, however, think it possible to hold discussions now upon the provision of a Ger peace treaty. Such a treaty can be worked out only when Ger unity has been established and after an all-Ger Govt has been formed, as a result of free elections, to take part in full freedom in such discussions. HMG have already made known their views on some of the Sov Govt’s proposals, especially their erroneous interpretation of the territorial provisions of the Potsdam protocol and their intention, while confining Ger in a position of permanent isolation, to allow her to build up armed forces. Their proposals wld mean permanent state of tension and insecurity in the centre of Eur.

7. In their latest note the Sov Govt now stipulate that Ger must not be included “into one or another grouping of powers directed against any peace-loving state”. Ger’s proposed membership of the UN shld surely make any such provision unnecessary. In any case HMG cld not accept any provisions forbidding Ger to enter into an association with other states which one of the signatories of the peace treaty might arbitrarily choose to regard as “directed against any peace loving state”. They cannot admit that Ger shld be denied the basic right of a free and equal nation to associate itself with other nations for peaceful purposes. They must therefore ask the Sov Govt to state whether they intend to exclude Ger from associations of a purely defensive character.

8. HMG further observe that the Sov Govt have still failed to state what wld be the position of an all-Ger Govt during the period before the peace treaty. This is an essential matter, which is inseparable from the problem of elections. The all-Ger Govt resulting from free elections must itself be free. It must be able to establish its genuinely representative character in internal affairs and, in the external field, to play its full part in the discussion of the peace treaty and to prepare for its subsequent responsibilities. For these purposes it must enjoy the necessary freedom of action. Her Majesty’s Govt consider it nec to ask for a precise and early statement of the Sov Govt’s views on this point. They must ask specifically whether the Sov Govt consider that an elected all-Ger Govt wld be under four power control until after the conclusion of a peace treaty or whether they agree that it shld enjoy the above freedom of action.

9. HMG are happy to note that the Sov Govt now agree in principle that there shld be free elections throughout Ger. Such free elections can, however, only be held if the nec conditions exist in all parts of Ger and will be maintained not only on the day of voting and prior to it but also thereafter. An essential first step is, therefore, to ensure such conditions. Otherwise no progress can be made. In recent years the West and East parts of Ger have evolved in increasingly divergent directions. This is a principal reason why an impartial enquiry is needed before elections take place.

10. The Sov Govt do not agree, however, that the internatl commission set up by the Gen Assembly of the UN shld carry out such an enquiry throughout Ger. They base this refusal on their interpretation of Article 107 of the UN charter. But this reads as fols: “Nothing in the present charter shall invalidate or preclude action, in relation to any state which during the second world war has been an enemy of any signatory of the present charter, taken or authorised as a result of that war by the govts having responsibility for such action”. This language clearly does not preclude the UN from considering Ger affairs. This interpretation was upheld by the UN Gen Assembly by an overwhelming majority. However, even under the Sov Govt’s erroneous interpretation of the charter there is nothing to prevent the four powers from availing themselves of the UN commission in order to determine the conditions in which genuinely free elections cld be held throughout Ger.

11. The Sov Govt suggest instead that responsibility for the enquiry shld be entrusted to a commission formed by the four occupying powers. Before HMG cld feel assured that this suggestion wld result in an impartial enquiry they wld need to know what wld be the composition and functions of such a body. A commission composed solely of members with direct responsibilities in Ger wld be both judge and party. Experience during the period of four power control of Ger suggests that it wld not be able to reach useful decisions. Thus the elections which the four govts desire wld be greatly delayed. Nor can HMG overlook the fact that the appointment of a four power commission might be interpreted as a step towards the reestablishment of four-power control in Ger. This wld be a retrograde move, out of keeping with constitutional developments in the FedRep.

12. For these reasons HMG maintain their preference for the UN commission: It is already in being, its functions have been laid down and it can take action without delay. They are nevertheless willing to examine any other precise proposals which wld permit of a really impartial investigation.

13. HMG, in agreement with the US and Fr Govts and after consultation with the Ger Fed Govt and the Ger authorities in Berlin, accordingly make the fol proposals:

i. The UN commission shld begin its investigation at once and report at the earliest possible date whether conditions for genuinely free elections exist in the FedRep, in the Sov Zone of Ger and in Berlin, and, if not, what steps shld be taken to create such conditions.

ii. Alternatively, HMG are ready to consider any other practical and precise proposals for an impartial commission of investigation which the Sov Govt may wish to put forward, on the one condition that they are likely to promote the early holding of elections throughout Ger.

iii. Immediately the report of either of the above bodies is available, representatives of the UK, US, Fr and Soviet Govts wld meet to consider it with a view to reaching agreement on:

(a) The early holding of free elections throughout Ger; and

(b) The essential guarantees that the all-Ger Govt formed as a result of these free elections shall enjoy freedom of action during the period before the peace treaty.³

End verbatim text.

Gifford

1. Repeated to Paris, Moscow, Bonn, and Berlin.
2. Telegram 5036, supra.
3. On May 7 Gifford reported that Eden had approved this text subject to minor “tidying-up”. (Telegram 5059 from London, 662.001/5–752) The following day Reuter and Adenauer were shown this draft text. Reuter was pleased with the draft and referred to it as “a good one”. (Telegram 1323 from Berlin, May 8, 662.001/5–852) Adenauer considered it generally satisfactory, but wanted to consult his Cabinet before giving a final answer. (Telegram 2742 from Bonn, May 8, 662.001/5–852) The Cabinet also expressed its satisfaction on May 9. (Telegram 2751 from Bonn, 662.001/5–952)