254 Shann to Burton [1]

Minute CANBERRA, 7 August 1947


It is suggested that discussion in the Security Council on violations of the [decision] [2] of 1st August may be the last opportunity to secure withdrawal of Dutch troops.

Once it is established that hostilities have ceased, it may be argued that the breach of the peace has ceased and the Security Council may no longer be in a position to decide upon provisional measures under Article 40.

It is suggested, therefore, that the Australian representative be instructed to move that, in view of the violations of the Security Council's decision of 1st August, and the threat to the peace in the continued close contact of Dutch and Indonesian forces, all Dutch forces be withdrawn to Batavia and all Republican forces be withdrawn to Djokjakata, the withdrawal operations to be observed by representatives of the Security Council.

A decision to withdraw as a result of negotiations cannot be made obligatory upon the Dutch. This can only be done under Article 40, and while the situation continues to be a threat or breach of the peace.

1 First submitted by Throssell to Shann who forwarded it to Burton.

2 Amended by hand. The text originally read 'cease fire order'.

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