The Australian Government desires to draw the attention of the
Security Council to the present situation in Indonesia and to
request the Security Council, under Articles 39 and 40,
immediately to order the cessation of hostilities and to recommend
to the two parties, that is the Netherlands Government and the
Republican Government, that they give effect to Article 17 of the
Linggadjati Agreement [1] concluded at Cheribon on 15th November,
1946. For the information of members of the Security Council, the
Article reads as follows:-

(Here quote Article 17 of the Linggadjati Agreement.)
2. The Australian Government takes this action after ten days of
intense diplomatic negotiation by which it was hoped that the two
parties, in accordance with Article 33 of the Charter, could
settle the dispute by mediation or arbitration. It was only when
these possibilities had been fully explored and when the
Australian Government was convinced that there was no prospect of
an early cessation of hostilities that the matter was brought to
the notice of the Security Council.

3. The matter is raised with reference to Articles 39 and 40, and
not in the way previous matters have been drawn to the attention
of the Security [Council] under Article 35, for the reason that it
was felt that the first duty of the Security Council is to call a
halt to hostilities which are each day bringing their toll of
human life and also of destruction of property. It is recommended
to the Security Council that the two parties be asked to give
effect to Article 17 of the Linggadjati Agreement, because the
Security Council itself, without a prolonged investigation, is not
in a position to pass judgment on the merits of the situation or
to recommend a solution. Moreover, the two parties, having
previously agreed to this method of resolving difficulties in the
event of disputes, it is proper that the Security Council should
take note of this and at least as a first step seek a solution by
this means.

4. The step which the Security Council is being asked to take
immediately, that is cessation of hostilities, is a provisional
measure under Article 40. Such provisional measures are not
attempts by the Security Council to fix responsibility on either
party, and the Charter itself provides that they shall be without
prejudice to the rights, claims or position of the parties
concerned.

Jurisdiction of the Security Council
5. These are the immediate reasons why the matter has been raised.

An important question is whether the Security Council has
jurisdiction. The fact is that warfare exists. It exists between a
sovereign power member of the United Nations and a party not yet a
member of the United Nations, but whose membership as part of the
United States of Indonesia has already been contemplated in an
agreement with that sovereign power. [2] The de facto authority of
the Republican Government has been recognised, not only by the
Netherlands, but also by other Governments, including the United
Kingdom Government and the Australian Government. Moreover, treaty
relations have been entered into between the Republican Government
and the Governments of Syria and Egypt.

6. Furthermore, the external effects of the existence of
hostilities in Indonesia have serious international repercussions
throughout many countries in the world.

7. I do not wish, therefore, to discuss at length the procedural
issue. The one fact which is before the Security Council is the
fact of hostilities, and the Security Council has a duty and an
obligation to bring about a cessation of those hostilities, and,
for that reason, it is the duty of members of the Security Council
to avoid, rather than to create, legal or procedural difficulties.

Procedure to be adopted
8. It has been the policy of the Australian Government in all
previous cases to insist upon a full inquiry into the facts, but
in this case no inquiry is needed to be aware of the existence in
Java of a war. It may be necessary at a later stage to arrange for
such an investigation. At this time, however, the Australian
Government is concerned only to ensure the immediate cessation of
hostilities.

9. For these reasons, it is not considered that the Council should
even hear the parties. It is not necessary for the Council to
invite the Indonesian Government to participate under Article 32,
as this Article must surely apply at a stage when the Council is
considering the merits of the case, not where such merits are, as
in this case, immaterial for the exercise of the Council's powers.

10. The Government of Indonesia, however, has already declared its
readiness to accept the decisions of the Council. (We will confirm
this as soon as possible.)
11. The Australian Government has raised this matter in a way in
which it is hoped will enable the Security Council to deal with
the situation immediately and effectively at this present session,
without any adjournment or without another meeting on the subject.

What is asked for is a decision that the two parties should cease
hostilities immediately and a recommendation to the two parties
that they resort to the Article in their own agreement to which I
have referred. This decision should be taken unanimously, as no
Government will want to be responsible for the continuation of
hostilities and the suffering and loss involved. Nor should there
be any disagreement on the question of procedure that the matter
be referred to the two parties under their agreement. This is the
reasonable course and the only other precaution the Security
Council need take is that the matter be left on the Agenda until
both parties have reported a satisfactory settlement.