DEAR MR. RICHARDS:

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP59-00224A000100350012-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 9, 2016
• Document Release Date: April 30, 2001
• Sequence Number: 12
• Publication Date: May 17, 1956
• Content Type: LETTER

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p DEPART }-MLi1tT OF STATE
Y
washiigton
May 17, 1956
Dear Mr. Richards:
Reference is mode to your Letter of April 25 and the l}epartrres rat's
acknowledgrexet of April 27, 1956 coaq*rnr g H.R. 10766, a bill ' To
seethori>rg the payment of compensation for certain lessees and damase
caused by United States Armeea Forces- during World War II.
On July 10, 1943, the Italian campaign then being ixene *anen4 Ps e~ii
of which read as follow.: ,?. -r - - - --# o -mitt IkWM , aragre P.-Is
"By the time this message reaches your Holiness a
landing is force of America, and British troops will
have takes place on Italian moil. (jar soldiers have
come to rid Italy of Fa#seisuA and all its unhappy symbol*,
and to drive out the Nazi oppressors who are Infesting
her soil.
ybere is no need for axes to reaffirm that respect
for religious beliefs and for the free exercise of re-
ligious, worship is fundamental to our ideas. Churches
and religious institutions will, to the extent that it
is within our power, be spared 4e_ dtvastsetlooes of war
during the struggle ahead. Throughout the period of
operations the neutral status of the Vatican City as
well as of the Papal Domains throughout Italy will be
respected.
In the course of hostilities against German armed forces the Pal a?
Domain Castel Gandolfo was accidentally damaged an February 2, Feat ua
10
Ma
31 a
d J
y
,
n
une 4, 194.4 by bombs dropped from United "itates plan
during attacks u
on l
iti
p
eg
mate military targets in close pro3ur 4ty there
Communications addressed tt: thee Dep4rtmoent.
f
o
Delegate in Washington following the first of the ncideen
The Honorable
James F. Richards, Chairman
Committee an Foreign Affair,
House of Representatives
by the Ap m
cats that
State Dept. declassification & release instructions on file
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 Approved For Release 2001/08/24: CIA-RDP59-00224A000100350012-4
Vatican authorities considered that such incidents constituted, in th
light of President Roosevelt's xuessaage, violations of the `neutralitl
f Va
ti
"
o
.
caa property.
n r ebruary s, 1944 the Department,
One Of these Communications, &&d in part as follows:
the policy Of this Government with respect
to Papal property in Italy its declared by the Presi-
dent in his letter to the pope last July remains as
expressed therein and Allied forces have instructions
to carry out that policy to the exteat that is humanly
possible under conditions of modern warfare.'
The Department does not beli*ve that the United States correspon -
deuce with the Vatican on this subject can properly be regarded as a 7rn-
mitting the United States to legal liability tor damage caused by ac-
cidental bombings. Lack of a legal basis for the Vatican claim is
further shown by the provisions of the L.a:teren Treaty of 1429. by wl;i.ch
of various properties outside the Vatican City known as the Papal D*rnel-tna.
.yrs..
respect to th ltt ild
eaer,ncuing Cast Gandolfo, Article 15 of tie
Treaty provides that
... ('The Papal Doti a.ins), although forming a
f the territory of the Italian state.
y the immunity guaranteed by international law
to the embassies of foreign nations. ?'
It has been pointed out to Iratieaaan representatives that since tic,
Papal Domains were not territory of a neutral state, but bha the stat is
Of a neutral diplomatic mission located in the territory of a belligers .,
this c ectiaa it is of interest flint the destruction wrought on the en
baessiees of neutrals in Berlin by Allied bombers did not crea : legal c
on art of th hi
,es to p*y chin ages.
It is considered that the status of the Vatican City and the Pas
, __
,
Domains, and the treatment properly to be accorded them by the a aarrzci :orce
was accurately reflected in a rnesuage whiaalth the Combined Chiefs of k #taaf
sent to General Eisenhower in December 1943. f`bis .meads aubstsntii li.y V a
(allows:
1. The Vatican City is to be treated as an
independent neutral state..
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. Allied troops mt avoid violating terri-
tory of the Vatican City.
3. Allied troops mtA st also avoid the Papal
Domains which, altugh not Laving international
status as neutral territory, are entitled to full
diplomatic immunity. While every precaution rxttzst
be taken to avoid violatin* territory of the
Vatican City during the assault upon Rome, the
diplomatic immunity cf the Papal Domain* shouIxI
not be allowed to interfere with military opera-
tions, artillery fire, = ombing, etc., during
assault.
On December 10, 194$ t fae Vatican presented to us a
$1,523,$10.98 In damages. However, he United States i rrny Clan i; a>i _
determined through a survey of the damage that a reasonable assets