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36.
The Italian Government will take and enforce such legislative and other measures as may be necessary for the execution of the present instrument. Italian military and civil authorities will comply with any instructions issued by the Allied Commander-in-Chief for the same purpose.
37.
There will be appointed a Control Commission representative of the United Nations charged with regulating and executing this instrument under the orders and general directions of the Allied Commander-in-Chief.
38.
(A) The term “United Nations” in the present instrument includes the Allied Commander-in-Chief, the Control Commission and any other authority which the United Nations may designate.
(B) The term “Allied Commander-in-Chief” in the present instrument includes the Control Commission and such other officers and representatives as the Commander-in-Chief may designate.
39.
Reference to Italian Land, Sea and Air Forces in the present instrument shall be deemed to include Fascist Militia and all such other military or pare-military units, formations or bodies as the Allied Commander-in-Chief may prescribe.
40.
The term “War Material” in the present instrument denotes all material specified in such lists or definitions as may from time to time be issued by the Control Commission.
41.
The term “Italian Territory” includes all Italian colonies and dependencies and shall for the purposes of the present instrument (but without prejudice to the question of sovereignty) be deemed to include Albania. Provided however that except in such cases and to such extent as the United Nations may direct the provisions of the present instrument shall not apply in or affect the administration of any Italian colony or dependency already occupied by the United Nations or the rights or powers therein possessed or exercised by them.
42.
The Italian Government will send a delegation to the Headquarters of the Control Commission to represent Italian interests and to transmit the orders of the Control Commission to the competent Italian authorities.
43.
The present instrument shall enter into force at once. It will remain in operation until superseded by any other arrangements or until the voting into force of the peace treaty with Italy.
44.
The present instrument may be denounced by the United Nations with immediate effect if Italian obligations thereunder are not fulfilled or, as an alternative, the United Nations may penalize contravention of it by measures appropriate to the circumstances such as the extension of the areas of military occupation or air or other punitive action.
The present instrument is drawn up in English and Italian, the English text being authentic, and in case of any dispute regarding its interpretation, the decision of the Control Commission will prevail.
Signed at Malta on the 29 day of September, 1943
Marshal PIETRO BADOGLIO
Head of the Italian Government
DWIGHT D. EISENHOWER
General, United States Army,
Commander-in-Chief, Allied Force
Source: Treaties and Other International Agreements of the United States of America 1776-1949 Compiled under the direction of Charles I. Bevans LL.B. Assistant Legal Advisor Department of State Volume 3 Multilateral 1931-1945 Department of State Publication 848 Washington, DC : Government Printing Office, 1969
Special thanks to the Avalon Project at the Yale Law School for allowing me to post these documents.
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