Foreign Relations of the United States, 1958–1960, Indonesia, Volume XVII

41. Telegram From the Embassy in Indonesia to the Department of State⁰

Djakarta, March 15, 1958, 8 p.m.

3173. Taipei for Robertson. During interview this morning Foreign Minister said Secretary’s observations to press on subject of de facto recognition rebel regime¹ were discussed at Cabinet meeting last night.

Cabinet was quite distressed by Secretary’s remarks, Foreign Minister said, and he undertook to explain them in such a way as to quiet reaction. He had informed Cabinet, he said, that it was apparent Secretary had been asked an unexpected question by press and that his answer had no significance whatever in terms of the US Government having reached a decision to recognize rebel regime on a de facto basis. He sought confirmation that what he had said was satisfactory from standpoint of Embassy because he would not wish to have to retract his remarks.

I confined myself to saying that Secretary’s comments were obviously offhand, that it was natural that the US Government would be studying the legal questions involved in a situation of this kind and that he was certainly correct in his assumption that the Secretary had no intention of indicating a decision had been made to grant de facto recognition.

He then inquired as to what I understood de facto recognition to involve. I replied that I, like the Secretary, would prefer to have this spelled out by Department Legal Adviser but in general terms I was confident we both knew that question involved actual control over specifically defined territory by insurgents in any country and such questions as payment of taxes and revenues to insurgents. As example, I pointed out international law precedents held such payment to insurgents renders unreasonable subsequent exaction of payment by titular government. Many other problems, of course, arose in situation of this kind.

Foreign Minister expressed interest in summary of State Department interpretation of international law in this respect and said he would appreciate anything I could give him on generally accepted standards with respect to de facto situation. I promised request such information from Department and would appreciate brief summary by telegram followed by more comprehensive memorandum by pouch.²

Jones

0. Source: Department of State, Central Files, 756D.00/3–1558. Secret; Priority. Repeated to Taipei.
1. Reference is to comments that Dulles made during his press conference on March 13 in Manila. In reply to a question Dulles noted that the United States was studying the possibility of granting belligerent status to the Indonesian rebels. The text of his remarks was transmitted to the Department in Secto 41 from Manila, March 13. (Ibid., 756D.00/3–1358) See Supplement.
2. In telegram 2656 to Djakarta, March 17, the Department informed Jones that it concurred with his interpretation of the background of Dulles’ comments and provided the Ambassador with a short statement of the relevant legal points involved in according belligerent status to insurgent forces. (Ibid., 756D.00/3–1558) See Supplement.