501.BC Indonesia/12–2347: Telegram
The Consul General at Batavia (Livengood) to the Secretary of State
569. From Graham Nr. 74. ReDeptel 369, December 18: Military definitions set forth paragraph 6 mytel 453 (Graham 25), November 13, were drafted by US military observers, and were part of a general statement, remainder of which was prepared by USDel, of conclusions regarding SC’s resolution.
Kirby and Van Zeeland were aware foregoing and also aware that USDel took precaution of sending military definitions to Department for clearance.
USDel took Deptel 316, November 17 [18] to be reply to mytel 453, November 13. USDel’s general statement met points raised in paragraphs numbered 1, 2 and 3 Deptel 316.
USDel took penultimate paragraph Deptel 316 to mean that, with exception of definition of “occupied”, and with exception of Department’s preference for alternative definition of “control”, Department was otherwise in agreement with military definition set forth paragraph 6 mytel 453. US military observer’s definitions were therefore revised in accordance penultimate paragraph Deptel 316 prior presenting them informally to Kirby and Van Zeeland.
USDel’s general statement was informally accepted by Kirby, and, with minor alterations, by Van Zeeland and prior his departure for [Page 1094] Belgium. Van Zeeland, however, did not accept military definitions. New set of military definitions, based Hague Convention, was therefore prepared by three military observation groups and accepted by GOC.
US military observed military definitions have never been presented formally or officially to GOC, although, in informal presentation, USDel did inform Kirby and Van Zeeland that Department was in agreement with definitions as revised in accordance Deptel 316. They have never been given to NEI officials USDel, officially or otherwise, or described as “US Government interpretation”. Although Indonesian delegate has requested GOC provide interpretation of November 1 resolution, Netherlands delegation has not requested GOC interpretation, which hence has not been given either party.
If Department did not inform Netherlands’ representative it had advised USDel it agreed generally with revised definitions, USDel will be in position in GOC of having made misstatement of fact, since any impression given Netherlands’ Embassy will be relayed Belgian delegate. [Graham.]