206 Throssell to Shann

Minute CANBERRA, 31 July 1947

In reply to Mr. Loomes [1]-the following points:-

1. If the Security Council deems it necessary that troops should be withdrawn to their previous positions in order to prevent an aggravation of the situation it is empowered to do so under Article 40.

2. The determination of the rights, claims or position of the parties surely refers to such rights etc. prior to the use of unlawful force and not at the time of the Security Council's intervention. The same applies to the status quo issue.

3. At all events complete withdrawal will no more prejudice Dutch claims than the mere cessation of hostilities under Article 40.

4. Our view I believe is that the use of force is unlawful in this case. Therefore the Dutch will at some stage be required to withdraw. They are more likely to do so now when the situation is more or less fluid than when their position has been consolidated.

5. On Mr. Loomes' reasoning, the cessation of hostilities itself 'prejudges the justification (or lack of it) on the part of the Dutch to take military or "police" measures'. The point is that we believe there is no justification and we should not put a premium on aggression by allowing the Dutch to profit by it.

1 See Document 205, note 2.

[AA:A1838/274, 854/10/4, i]