War, Politics, Law - and Love: Italy 1943-1946
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Michigan Journal of International Law Volume 32 Issue 3 2011 War, Politics, Law - And Love: Italy 1943-1946 Eric Stein University of Michigan Law School Follow this and additional works at: https://repository.law.umich.edu/mjil Part of the Legal History Commons, and the Military, War, and Peace Commons Recommended Citation Eric Stein, War, Politics, Law - And Love: Italy 1943-1946, 32 MICH. J. INT'L L. 553 (2011). Available at: https://repository.law.umich.edu/mjil/vol32/iss3/4 This Article is brought to you for free and open access by the Michigan Journal of International Law at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of International Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. WAR, POLITICS, LAW-AND LOVE: ITALY 1943-1946t Eric Stein* INTRODUCTION .......................................... ..... 553 I. INTO THE ARMY I Go ............................. 554 II. ON To AFRICA. ................................. ....... 555 III. THE END OF MUSSOLINI-ARMISTICE- "Co-BELLIGERENCY" ................................... 556 IV. ON To EUROPE: WITH THE BADOGLIo GOVERNMENT IN BRINDISI. ........................................... 560 V. SALUTE SALERNO-"HI, QUEEN!"-BAD NEWS....................562 VI. ON To ROME: HARD CASES, NEW GOVERNMENT-A ROMANCE ....................... 564 CODA: WAR's END, COMEDY OF ERRORS, AND THE NON-NATIVE's RETURN............................569 INTRODUCTION In this piece I tell my story from four perspectives, ranging from the "highest"-institutional-to the "lowest"-personal. From the first perspective I offer a glimpse of the Allied military command structure during the Italian phase of World War II. From the second perspective, I focus in some detail on Allied mili- tary bodies established under the international law of occupation of enemy territory: the Allied Control Commission for Italy (ACC)-later the Allied Commission for Italy (AC)-headquarters of the Allied Mili- tary Government (AMG) and a point of communication with the King after the Italian surrender. Italy became a "co-belligerent" of the Allies and the King escaped from German-occupied Rome to Brindisi, the first seat of the AC. The third perspective illustrates my work on the staff of the Legal Subcommission of the AC centering on the application of the Allied ar- mistice agreements with Italy and close contacts with the Ministry of Justice. The fourth perspective-a handful of personal episodes at work and "at play"-some quite intimate. In fact, "the personal" permeates the entire piece. Only a smattering of doctrine is included; if I were to t @ 2010 Eric Stein. All rights reserved. * Hessel E. Yntema Professor of Law Emeritus, University of Michigan Law School. I am indebted to my wife, Virginia, and to Professor Mathias Reimann for a number of sub- stantive and editorial suggestions, and to Jocelyn Kennedy-Lamson and Seth Quidachay Swan, University of Michigan Law Library, for their expert research assistance. 553 554 Michigan Journalof InternationalLaw [Vol. 32:553 describe my methodology in general, it would be modem positivism heavily blended with policy considerations. I. INTO THE ARMY I Go It all began in 1942 after the Pearl Harbor disaster. I walked into the recruiting station of the U.S. Army in Highland Park, a suburb of Chi- cago where I had been warmly received by my cousin's family, and volunteered for service in the wartime Army. It was a decision driven by instinct and emotion, the same forces that had made me leave Europe three years earlier. I knew, however, that-under the prevailing law-had I not volunteered, I would have been barred from citizenship forever. Shortly thereafter, I was called to Chicago for a ceremony in which I received the coveted U.S. citizenship, with the normal prerequisites of five years residence and a citizenship examination waived. It was an ex- hilarating feeling, marred only by the distressing thought of my family left behind. But it was also an important closure of the first phase of my life in America. On September 3, 1942, I received my order to report for induction. I started my training in combat intelligence at Camp Ritchie, set in a beautiful landscape in the state of Maryland. It was due to the interven- tion of my cousin's friend, the President of the Nabisco Corporation, that I was assigned to the special program because of my knowledge of lan- guages. I confess that I adjusted easily to Army life, a balance between infantry training and lectures. The living facilities were incomparably superior to what I remembered of the Czechoslovakian Army. The bar- rack room commanders were two sensible, young and educated, non- career sergeants. I recall very little of this training period. We learned about German army organization and uniforms, shooting the Ml rifle, how to handle a code for messages and interrogate prisoners of war. De- spite my notoriously clumsy fingers, I managed to keep my bunk in the required order. In fact, I was happy to be relieved of the burden of mak- ing life decisions, leaving the power in the benign hands of the superior orders. One incident stands out in my mind. We were awakened in the mid- dle of the night, piled up into covered trucks and driven for some time with no idea of the destination. At subsequent stops, we were ordered out in teams of two, were given a map, and told to be back at the camp be- fore seven if we wanted any breakfast. And off we stumbled into the black night. Somehow the two of us managed to reach the camp in time. Some of our co-militants-we were told-managed to raise a sleepy farmer to learn their location on the map. Spring 2011]1 War, Politics, Law-and Love 555 Another incident: after a class on enemy army uniforms, two lieu- tenants repeating to themselves: "Whorehouse outside, whorehouse outside." It appeared they were trying to memorize the German term Hoheitsabzeichen (the sign of the highest authority, the swastika). On weekends, I would regularly hitchhike to nearby Washington, D.C., to stay with a family of law school friends. On one such Saturday, several of us hitchhikers were picked up by a U.S. Army general who insisted on driving us around a Civil War battlefield in the vicinity while we worried about missing our dates in the Capital. II. ON To AFRICA When the training ended, I returned on leave in a sergeant's uniform to Highland Park. A new chapter opened in the story. It began in late summer 1943 at a small railway station next to the Army base in New- port News, Virginia. The evening before the departure overseas, I attempted to ship a suitcase with my civilian appurtenances to my High- land Park home. The night clerk was unable to figure out the fee, and to my irritation, the shipment had to be made collect. Hours before the Lib- erty ship weighed anchor for "destination unknown," a gaggle of Sicilian American GIs started a lively crap game which continued throughout the transatlantic voyage. The Sicilian dialect, I was told, was so inscrutable, that it would be used for open communication in tactical battle situa- tions. It later transpired that our original destination was Sicily, but with the Allied conquest of the island, our ship changed its destination to the port of Casablanca. As we approached the African coast, we saw the landscape, bathed in brilliant sun: it was reminiscent of San Francisco, white structures dotting the dark green, rising background.' After disembarking in Casa- blanca, our marching column passed a train loaded with Italian prisoners of war, captured by the Allied forces in North Africa. Clearly in high spirits, they sang the widely popular song "Lily Marlene," and shouted in pidgin English: "We to America, you fight." I confess to having been quite moved by the sentimental ditty. The tents in the transfer camp at the edge of the desert were hot in the daytime and freezing cold at night. The desert looked-deserted. Af- ter some days, a small group of officers and GIs assigned to plan cooperation with the newly "co-belligerent" Italians, moved to a tent camp in Tizi Ouzou, a tiny village east of Algiers.! It was there that a 1. For a somewhat similar experience of arrival in Africa (Oran), see WILLIAM A. LESSA, SPEARHEAD GOVERNATORE: REMEMBRANCES OF THE CAMPAIGN IN ITALY 13 (1985). 2. For more on Tizi Ouzou as "Tootsie Wootsie,' see id. at 18. 556 Michigan Journalof InternationalLaw [Vol. 32:553 Military Government Training School and Holding Center were organ- ized.! Four recollections from this African episode: First, a mediocre to poor "Carmen" at the Algiers opera, and-after that-falling asleep on the roof of an Algerian school under brilliant stars. Second, crowds of Arabs in white garb and the noisy market. Third, inebriated GIs taking a potshot at a muezzin chanting high on the minaret of a mosque. Fourth, listening to a broadcast from Nazi-occupied Rome that described in de- tail our activities in North Africa, including the doings of "the Jew Bernstein," a lieutenant colonel on our staff. I was tense and apprehen- sive about what was to come next but also greatly intrigued by my first exposure to "the dark continent." III. THE END OF MUSSOLINI-ARMISTICE-"CO-BELLIGERENCY" On July 24, 1943, shortly after the Allied landing in Sicily, the Fas- cist Grand Council deposed Mussolini: he was promptly arrested. The coup was the result of "a double conspiracy, one led by the General Staff and supported by the King, the other by the leading members of the Fas- cist Grand Council." Power reverted to King Victor Emmanuel III.