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Volume #16 - 977. | |
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CHAPITRE IX EUROPE DE L'OUEST | |
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2E PARTIE RELATIONS AVEC DES PAYS PARTICULIERS | |
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SECTION
A RÉPUBLIQUE FÉDÉRALE D'ALLEMAGNE | |
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SUBDIVISION
I FIN DE L' ÉTAT DE GUERRE | |
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977. |
PCO |
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Note du secrétaire d'État aux Affaires extérieures pour le Cabinet | |
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CABINET DOCUMENT No. 225 50 SECRET |
[Ottawa],
le 30 novembre 1950 |
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TERMINATION OF THE STATE OF WAR WITH GERMANY | |
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On September 19, 1950, the Foreign Ministers of the United Kingdom, the United States and France, in a joint statement announced that, pending the unification of Germany which cannot be realized as long as the Soviet Union opposes free elections, "the three Governments have decided as soon as action can be taken in all three countries in accordance with their respective constitutional requirements to take the necessary steps in their domestic legislation to terminate the state of war with Germany. This action will not affect the rights and status of the three powers in Germany which rest upon other bases. It will, however, create a firmer foundation for the developing structure of peaceful and friendly relationships and will remove disabilities to which German nationals are subject. It is hoped that other nations will find it possible to take similar action in accordance with their own constitutional practices". 2. From an international point of view it now seems to be generally recognized that the war with the whole of Germany ceased to exist with the unconditional surrender of Germany and the assumption of supreme authority in Germany by the four powers in 1945. It, therefore, follows that the state of war continues to exist only in the realm of the domestic jurisdiction of the Allied Powers and to bring it to an end it will be necessary for these countries, including Canada, to take the necessary measures in accordance with their constitutional procedures. 3. The United Kingdom Foreign Office interprets the public statement of the three Foreign Ministers as meaning that the Governments of the United Kingdom, the United States and France should act simultaneously in terminating the state of war with Germany. It is also the view of the Foreign Office that immediate action by the United Kingdom Government is not likely because of the fact that the United States Government will require some time to review a considerable number of Acts of Congress which would be affected by the United States action. 4. All the Departments of the Government are being consulted concerning the effect which the termination of the state of war with Germany would have on the legislation administered by them. Consideration is also being given to the procedural steps to be taken to give effect to the termination of the war in Canada and the effective date of that termination. 5. Having regard to the desirability of bringing the Federal Republic of Germany into closer association with the community of free nations, I recommend that the Canadian Government announce now its intention to terminate the state of war with Germany as soon as it is in a position to do so without indicating the procedural steps that might be taken or the date on which the termination is to be made effective.53 L.B. PEARSON | |
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