INSTRUMENT OF LOCAL SURRENDER OF GERMAN AND OTHER FORCES UNDER THE COMMAND OR CONTROL OF THE GERMAN COMMANDER-IN-CHIEF SOUTHWEST
-
The German Commander-in-Chief Southwest hereby surrenders unconditionally all the forces under his command or control on land, at sea and in the air and places himself and these forces unconditionally at the disposal of the Supreme Allied Commander, Mediterranean Theatre of Operations.
-
All armed forces under the command or control of the German Commander-in-Chief Southwest will cease all hostilities on land, at sea and in the air at 1200 hours (Greenwich mean time) on 2 May 1945. The German Commander-in-Chief Southwest undertakes to arrange accordingly.
-
The German Commander-in-Chief Southwest undertakes to carry out the orders set out in Appendices A, B and C and any further orders of the Supreme Allied Commander, Mediterranean Theatre of Operations. Disobedience of such orders or failure to comply with them will be dealt with in accordance with the accepted laws and usages of war.
-
This instrument will enter into force immediately on signature and the orders in Appendices A, B and C will become effective on the date and at the time specified in paragraph 2 above.
-
This instrument and accompanying orders are drawn up in the English and German languages. The English version is the authentic text. If any doubt as to meaning or interpretation arises, the decision of the Supreme Allied Commander is final.
-
This instrument is independent of, without prejudice to, and shall be superseded by any general instrument of surrender imposed by or on behalf of the United Nations and applicable to GERMANY and the German armed forces as a whole.
VICTOR VAN SCHWEINTZ,
Lieutenant Colonel in the General Staff of Army Group C,
for Colonel General VON VIETINGHOFF-SCHEEL,
Commander-in-Chief Southwest and Commander-in-Chief of Army Group C.
EUGEN WENNER,
SS-Sturmbannführer and Major in the Waffen-SS,
for SS-Obergruppenführer and General of the Waffen-SS WOLFF,
Supreme Commander of SS and Police and plenipotentiary General of the German Wehrmacht in Italy.
W. D. MORGAN,
Lieutenant General, Chief of Staff,
for Field Marshal The Honourable Sir Harold R. L. G. ALEXANDER,
Supreme Allied Commander of the Mediterranean Theatre of Operations
Signed at CASERTA, Italy.
29th April 1945
1400 Hours
APPENDIX A
ORDERS FOR GERMAN LAND FORCES
-
The term “German Land Forces” wherever used in these orders shall be deemed to include all German and Italian Republican military or pare military forces or organizations, under the command or control of the German Commander-in-Chief Southwest, who is hereafter referred to as “the German Authority.”
-
The Term “Supreme Allied Commander” will be deemed to include all subordinate Allied Commanders.
-
The German Authority will send to HQ 15 Army Group, as soon as possible after the signing of the instrument of surrender, senior representatives with full executive powers to carry out the following orders and such further orders as the Commanding General, 15 Army Group, may issue for compliance by the German Land Forces.
‘Stay-out’ order
-
All formations, units and sub-units of the German Land Forces, wherever they may be, will remain in their present positions and in their existing formations pending further orders from the Supreme Allied Commander. Only such local movement is permitted as is essential for the transmission of orders, the supply of food, water, forage and petrol and the treatment of sick and wounded. (See also paragraph 7.)
-
In particular, all large-scale road and rail movement between ITALY and any point outside ITALY is absolutely prohibited. Any movement east of the ISONZO River will be liable to air attack without warning.
Disarmament of German Land Forces
- All German Land Forces will be completely disarmed. They will hand over their arms, ammunition, equipment and all war-like stores at places and times and in a manner to be further ordered by the Commanding General, 15 Army Group, or any of his subordinate Commanders.
Maintenance of German Land Forces
- The German Authority will, pending further orders from the Supreme Allied Commander, maintain its own forces from its own resources. Purchase or requisition from local sources is forbidden.
Status of surrendered personnel
- All personnel of the German Armed Forces shall be subject to such conditions and directions as may be prescribed by the Supreme Allied Commander. At the Supreme Allied Commander’s discretion, some or all of such personnel may be declared to be prisoners of war.
Prohibition of destruction and damage
-
The German Authority will prevent the removal, destruction of or damage to, and will safeguard in good condition at the disposal of the Supreme Allied Commander:
a. All arms, ammunition, explosives and war-like stores, equipment, vehicles, material of all kinds, fuel and oil stocks, and any items of supply used by or for members of the German land forces.
b. All military installations and establishments, including permanent and temporary land fortifications, fortresses and fortified areas together with all plans and drawings of the same.
c. All transportation and communications facilities and equipment, including all ports and port facilities and equipment, roads, railways, waterways, bridges, tunnels and telecommunications systems.
d. All civil and industrial factories, installations and plant workshops, laboratories, experimental stations, stores, equipment, supplies, raw materials and finished products, buildings and civil property.
e. All cryptographic methods and equipment, cyphers, codes and callsign systems, whether military, diplomatic or civilian.
f. All military, pare military and civil documents, records and archives.
Provision of information and facilities
-
The German Authority will forthwith furnish to the Supreme Allied Commander:
a. Complete information regarding the German Land Forces and in particular such details as the Supreme Allied Commander may require concerning the numbers, locations, dispositions, stores and equipment of the German Land Forces wherever located.
b. Complete information concerning mines, minefields and other obstacles to movement and the safety lanes in connection therewith.
c. Such military, pare military and civil documents, records and archives as the Supreme Allied Commander may require.
-
The German Authority will:
a. Maintain in operation all public utility and essential civilian services.
b. Clearly mark and maintain safety lanes through all minefields and other obstacles to movement.
c. Remove or render safe all demolition charges and all booby-traps.
d. Make available for the Supreme Allied Commander such military personnel with the necessary equipment, as: he may require, for the clearance of mines, minefields and other obstacles to movement; and such labour as he may require for any purpose.
Disposal of prisoners of war and of persons in custody
-
The German Authority will release in accordance with the instructions of the Supreme Allied Commander all prisoners of war (naval, military or air) at present in their power and will furnish forthwith complete lists of these persons with the places of their detention. Pending release of such prisoners of war, the German Authority will continue to protect them in their persons and property, and accord them such treatment and facilities as are prescribed under the Geneva Convention.
-
The provisions of paragraph 12 preceding will be applied by the German Authority equally to all other persons who are confined, interned or otherwise under restraint for political reasons or as the result of any action, law or regulation originating from discrimination on grounds of nationality, race, colour, creed or political belief. Such persons as are not entitled to treatment in accordance with the Geneva Convention will be afforded comparable rights and amenities in accordance with their rank or official position.
-
Without prejudice to any other provisions in these orders, the German Authority will hand over to the Supreme Allied Commander the control of all places of detention.
Radio and telecommunications
-
The use of military and civil radio and land line communication systems is permitted with the provisos that:
a. All messages and signals will be made in clear.
b. All forms of scrambling and secrecy equipment will be disconnected and safeguarded intact.
Maintenance of discipline
- The German Authority will remain responsible for the maintenance of discipline throughout the German Land Forces as defined in paragraph 1 above.*
Treatment of Allied liaison officers and Italian Government Forces in German-occupied Italy
-
Italian Government Forces in Northern Italy comprise all partisan formations and organisations owing allegiance to the CLNAI, which is the recognised delegate in German-occupied Italy of the Italian Government. Immediate control of these groups is exercised through Allied and Co-belligerent officers operating in conjunction with these forces in the field. Such officers are being instructed immediately to get in touch with local German commanders.
-
The German Commander-in-Chief Southwest and all German subordinate commanders will receive and afford all facilities to these Allied or Co-belligerent officers together with representatives of the CLNAI for the purpose of establishing and maintaining pending arrival of Allied forces, liaison with the following objects:
a. The general maintenance of law and order.
b. The maintenance of all essential civilian services.
c. The provision of communications and transport which may be necessary for the adequate distribution of supplies and the continuance of local administration.
-
For the execution of the above functions all Allied Liaison officers will be considered as the representatives of the Supreme Allied Commander. They will be afforded complete freedom of communication by any means.
*Until such time as this responsibility is taken over by Allied troops, e.g., until German troops become prisoners of war, German commissioned officers and military police (Felder gendarmerie and Geheim feld polizei) will retain their hand weapons.