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Historical documents

205 Throssell to Shann

Minute CANBERRA, 31 July 1947

INDONESIA-WITHDRAWAL OF TROOPS

The present wording of point (b) of the Australian proposal for
provisional measures under Article 40 is to 'call upon the parties
to comply with provisional measures to prevent an aggravation of
the situation, namely to cease hostilities immediately and
withdraw their troops' [1], the intention apparently being that
troops of both parties should only be withdrawn from their points
of contact.

2. It is suggested that the proposal should state specifically:-

(i) That troops should be withdrawn by a specified date to the
positions they occupied prior to the outbreak of hostilities on
July 20th.

(ii) That both parties should advise the Security Council when
withdrawal is concluded to their satisfaction.

(iii) That a neutral commission should be appointed by the
Security Council to supervise the withdrawal and report on its
completion. (This procedure was used successfully by the Council
of the League of Nations in the Greek-Bulgarian dispute of 1925.)
3. We have taken the position that the use of military force is,
in this case, contrary to the provisions of the Charter. It
follows that the unlawful use of that force should not be
permitted to gain any advantage. Even if, under the present
arrangement, hostilities cease and negotiations are resumed, the
continued occupation by Dutch forces of considerable areas of
territory previously under Republican administration will
obviously prejudice the issue in favour of the Dutch authorities.

4. The cessation of hostilities when the Dutch authorities already
claim to have gained their main objectives, if it is not
accompanied by the withdrawal of troops to their previous
positions, will only succeed in allowing the Dutch forces to
consolidate themselves while preventing effective Indonesian
resistance.

5. If withdrawal to the positions occupied on 19th July is made as
a provisional measure deemed necessary or desirable under Article
40, it will not prejudice the lawful rights, claims or position of
the Dutch authorities who would be entitled to resume peacefully
and with the support of the United Nations the positions they at
present occupy if it were found that the occupation of those
positions accorded with established rights. [2]

1 See Document 201.

2 In an annotation on the cited copy, Loomes commented that
Article 40 was designed to prevent the aggravation of a situation
as it existed at the time of the Security Council's intervention,
any 'provisional measures' to be without prejudice to the rights,
claims and positions of the parties. To order Dutch forces to
withdraw to positions occupied on 19 July would be, Loomes
contended, 'to prejudge the justification (or lack of it) on the
part of the Dutch to take military or "police" measures'. In
Loomes's view, Article, 40 was intended to maintain the status quo
to enable the Council to give full consideration to the matter or
to allow the parties to negotiate.


[AA:A1838/274, 854/10/4, i]
Last Updated: 11 September 2013
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