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The Anglo-Iraqi Treaty of
1930
TREATY OF ALLIANCE
BETWEEN HIS MAJESTY IN RESPECT OF THE UNITED
KINGDOM AND HIS MAJESTY THE KING OF 'IRAQ. SIGNED AT
BAGHDAD, JUNE
30, 1930.
His MAJESTY THE KING OF GREAT BRITAIN, IRELAND AND THE
BRITISH DOMINIONS BEYOND THE SEAS, EMPEROR OF INDIA, and His MAJESTY THE KING
OF 'IRAQ, whereas they desire to consolidate the friendship and to maintain and
perpetuate the relations of good understanding between their respective
countries; and Whereas His Britannic Majesty undertook in the Treaty of
Alliance signed at Baghdad on the thirteenth day of January, One thousand nine
hundred and twenty-six of the Christian Era, corresponding to the twenty-eighth
day of Jamadi-al-Ukhra, One thousand three hundred and forty-four, Hijrah, that
he would take into active consideration at successive intervals of four years
the question whether it was possible for him to press for the admission of
'Iraq into the League of Nations; and
Whereas His Majesty's Government in the United Kingdom of
Great Britain and Northern Ireland informed the 'Iraq Government without
qualification or proviso on the fourteenth day of September, One thousand nine
hundred and twenty-nine that they were prepared to support the candidature of
'Iraq for admission to the League of Nations in the year One thousand nine
hundred and thirty-two and announced to the Council of the League on the fourth
day of November, One thousand nine hundred and twenty-nine, that this was their
intention; and
Whereas the mandatory responsibilities accepted by His
Britannic Majesty in respect of 'Iraq will automatically terminate upon the
admission of 'Iraq to the League of Nations; and Whereas His Britannic Majesty
and His Majesty the King of 'Iraq consider that the relations which will subsist
between them as independent sovereigns should be defined by the conclusion of a
Treaty of Alliance and Amity:
Have agreed to conclude a new Treaty for this purpose on
terms of complete freedom, equality and independence which will become
operative upon the entry of 'Iraq
into the League of Nations, and have appointed
as their Plenipotentiaries:
His MAJESTY THE KING OF GREAT BRITAIN, IRELAND, AND THE
BRITISH DOMINIONS BEYOND THE SEAS, EMPEROR OF INDIA, FOR GREAT BRITAIN AND
NORTHERN IRELAND:
Lieutenant-Colonel Sir Francis Henry HUMPHRYS, Knight Grand Cross of the Royal
Victorian Order, Knight Commander of the Most Distinguished Order of Saint
Michael and Saint George, Knight Commander of the Most Excellent Order of the
British Empire, Companion of the Most Eminent Order of the Indian Empire, High
Commissioner of His Britannic Majesty in 'Iraq; and
His MAJESTY THE KING OF 'IRAQ:
General Nuri Pasha al SA'ID, Order of the Nadha, Second Class, Order of the
Istiqlal, Second Class, Companion of the Most Distinguished Order of Saint
Michael and Saint George, Companion of the Distinguished Service Order, Prime
Minister of the 'Iraq Government and Minister for Foreign Affairs; Who having
communicated their full powers, found in due form, have agreed as follows:
Article 1.
There shall be perpetual peace and friendship between His
Britannic Majesty and His Majesty the King of 'Iraq.
There shall be established between the High Contracting Parties a close
alliance in consecration of their friendship, their cordial understanding and
their good relations, and there shall be full and frank consultation between
them in all matters of foreign policy which may affect their common interests.
Each of the High Contracting Parties undertakes not to adopt
in foreign countries an attitude which is inconsistent with the alliance or
might create difficulties for the other party thereto.
Article 2.
Each High Contracting Party will be represented at the Court
of the other High Contracting Party by a diplomatic representative duly
accredited.
Article 3.
Should any dispute between 'Iraq and a third State produce a
situation which involves the risk of a rupture with that State, the High
Contracting Parties will concert together with a view to the settlement of the
said dispute by peaceful means in accordance with the provisions of the
Covenant of the League of Nations and of any other international obligation
which may be applicable to the case.
Article 4.
Should, notwithstanding the provisions of Article 3 above,
either of the High Contracting Parties become engaged in war, the other High
Contracting Party will, subject always to the provisions of Article 9 below,
immediately come to his aid in the capacity of an ally. In the event of an
imminent menace of war the High Contracting Parties will immediately concert
together the necessary measures of defence. The aid of His Majesty the King of
'Iraq in the event of war or the imminent menace of war will consist in
furnishing to His Britannic Majesty on 'Iraq territory all facilities and
assistance in his power including the use of railways, rivers, ports,
aerodromes and means of communication.
Article 5.
It is understood between the High Contracting Parties that
responsibility for the maintenance of internal order in 'Iraq and, subject to the provisions of Article 4
above, for the defence of 'Iraq
from external aggression rests with His Majesty the King of 'Iraq.
Nevertheless His Majesty the King of 'Iraq recognises that the permanent
maintenance and protection in all circumstances of the essential communications
of His Britannic Majesty is in the common interest of the High Contracting
Parties.
For this purpose and in order to facilitate the discharge of
the obligations of His Britanic Majesty under Article 4 above His Majesty the
King of 'Iraq undertakes to grant to His Britannic Majesty for the duration of
the Alliance sites for air bases to be selected by His Britannic Majesty at or
in the vicinity of Basra and for an air base to be selected by His Britannic
Majesty to the west of the Euphrates. His Majesty the King of 'Iraq further
authorises His Britannic Majesty to maintain forces upon 'Iraq territory at the
above localities in accordance with the provisions of the Annexure of this
Treaty on the understanding that the presence of those forces shall not
constitute in any manner an occupation and will in no way prejudice the
sovereign rights of 'Iraq.
Article 6.
The Annexure hereto shall be regarded as an integral part of
the present Treaty.
Article 7.
This Treaty shall replace the Treaties of Alliance signed at
Baghdad on the tenth day of October, One thousand nine hundred and twenty-two
of the Christian Era 1, corresponding to the nineteenth day of Safar, One
thousand three hundred and forty-one, Hijrah, and on the thirteenth day of
January, One thousand nine hundred and twenty-six, of the Christian Era 2,
corresponding to the twenty-eighth day of Jamadi-al-Ukhra, One thousand three
hundred and forty-four, Hijrah, and the subsidiary agreements thereto, which
shall cease to have effect upon the entry into force of this Treaty. It shall
be executed in duplicate, in the English and Arabic languages, of which the
former shall be regarded as the authoritative version.
Article 8.
The High Contracting Parties recognise that, upon the entry
into force of this Treaty, all responsibilities devolving under the Treaties
and Agreements referred to in Article 7 hereof upon His Britannic Majesty in
respect of 'Iraq will, in so far as His Britannic Majesty is concerned, then
automatically and completely come to an end, and that such responsibilities, in
so far as they continue at all, will devolve upon His Majesty the King of 'Iraq
alone.
It is also recognised that all responsibilities devolving upon His Britannic
Majesty in respect of 'Iraq under any other international instrument, in so far
as they continue at all, should similarly devolve upon His Majesty the King of
'Iraq alone, and the High Contracting Parties shall immediately take such steps
as may be necessary to secure the transference to His Majesty the King of 'Iraq
of these responsibilities.
Article 9.
Nothing in the present Treaty is intended to or shall in any
way prejudice the rights and obligations which devolve, or may devolve, upon
either of the High Contracting Parties under the Covenant of the League of
Nations or the Treaty for the Renunciation of War signed at Paris on the
twenty-seventh day of August, One thousand nine hundred and twenty-eight.
Article 10.
Should any difference arise relative to the application or
the interpretation of this Treaty and should the High Contracting Parties fail
to settle such difference by direct negotiation, then it shall be dealt with in
accordance with the provisions of the Covenant of the League
of Nations.
Article 11.
This Treaty shall be ratified and ratifications shall be
exchanged as soon as possible. Thereafter it shall come into force as soon as 'Iraq has been admitted to membership of the League of Nations. The present Treaty shall remain in
force for a period of twenty-five years from the date of its coming into force.
At any time after twenty years from the date of the coming into force of this
Treaty, the High Contracting Parties will, at the request of either of them,
conclude a new Treaty which shall provide for the continued maintenance and
protection in all circumstances of the essential communications of His
Britannic Majesty. In case of disagreement in this matter the difference will
be submitted to the Council of the League of Nations.
In faith whereof the respective Plenipotentiaries have signed the present
Treaty and have affixed thereto their seals. Done at Baghdad in duplicate this thirtieth day of
June, One thousand nine hundred and thirty, of the Christian Era, corresponding
to the fourth day of Safar, One thousand three hundred and forty-nine, Hijrah.
(L. S.) F. H. HUMPHRYS.
(L. S.) Noury SAID.
ANNEXURE TO TREATY OF ALLIANCE.
1.
The strength of the forces maintained in 'Iraq by His
Britannic Majesty in accordance with the terms of Article 5 of this Treaty
shall be determined by His Britannic Majesty from time to time after
consultation with His Majesty the King of 'Iraq.
His Britannic Majesty shall maintain forces at Hinaidi for a period of five
years after the entry into force of this Treaty in order to enable His Majesty
the King of 'Iraq
to organise the necessary forces to replace them. By the expiration of that
period the said forces of His Britannic Majesty shall have been withdrawn from
Hinaidi. It shall be also open to His Britannic Majesty to maintain forces at Mosul for a maximum
period of five years from the entry into force of this Treaty. Thereafter it
shall be open to His Britannic Majesty to station his forces in the localities
mentioned in Article 5 of this Treaty, and His Majesty the King of 'Iraq will grant to His Britannic Majesty for the
duration of the Alliance
leases of the necessary sites for the accommodation of the forces of His
Britannic Majesty in those localities.
2.
Subject to any modifications which the two High Contracting
Parties may agree to introduce in the future, the immunities and privileges in
jurisdictional and fiscal matters, including freedom from taxation, enjoyed by
the British forces in 'Iraq will continue to extend to the forces referred to
in Clause 1 above and to such of His Britannic Majesty's forces of all arms as
may be in 'Iraq in pursuance of the present Treaty and its annexure or
otherwise by agreement between the High Contracting Parties, and the existing
provisions of any local legislation affecting the armed forces of His Britannic
Majesty in 'Iraq shall also continue. The 'Iraq Government will take the
necessary steps to ensure that the altered conditions will not render the
position of the British forces as regards immunities and privileges in any way
less favourable than that enjoyed by them at the date of the entry into force
of this Treaty.
3.
His Majesty the King of 'Iraq agrees to provide all possible
facilities for the movement, training and maintenance of the forces referred to
in Clause 1 above and to accord to those forces the same facilities for the use
of wireless telegraphy as those enjoyed by them at the date of the entry into
force of the present Treaty.
4.
His Majesty the King of 'Iraq undertakes to provide at the
request and at the expense of His Britannic Majesty and upon such conditions as
may be agreed between the High Contracting Parties special guards from his own
forces for the protection of such air bases as may, in accordance with the
provisions of this Treaty, be occupied by the forces of His Britannic Majesty,
and to secure the enactment of such legislation as may be necessary for the
fulfilment of the conditions referred to above.
5.
His Britannic Majesty undertakes to grant whenever they may
be required by His Majesty the King of 'Iraq
all possible facilities in the following matters, the cost of which will be met
by His Majesty the King of 'Iraq.
1. Naval, military and aeronautical instruction of 'Iraqi officers in the United Kingdom.
2. The provision of arms, ammunition, equipment, ships and aeroplanes of the
latest available pattern for the forces of His Majesty the King of 'Iraq.
3. The provision of British naval, military and air force officers to serve in
an advisory capacity with the forces of His Majesty the King of 'Iraq.
6.
In view of the desirability of identity in training and
methods between the 'Iraq
and British armies. His Majesty the King of 'Iraq undertakes that, should he
deem it necessary to have recourse to foreign military instructors, these shall
be chosen from amongst British subjects. He further undertakes that any
personnel of his forces that may be sent abroad for military training will be
sent to military schools, colleges and training centres in the territories of
His Britannic Majesty, provided that this shall not prevent him from sending to
any other country such personnel as cannot be received in the said institutions
and training centres. He further undertakes that the armament and essential
equipment of his forces shall not differ in type from those of the forces of
His Britannic Majesty.
7.
His Majesty the King of 'Iraq agrees to afford, when
requested to do so by His Britannic Majesty, all possible facilities for the
movement of the forces of His Britannic Majesty of all arms in transit across
'Iraq and for the transport and storage of all supplies and equipment that may
be required by these forces during their passage across 'Iraq. These facilities
shall cover the use of the roads, railways, waterways, ports and aerodromes of
'Iraq, and His Britannic
Majesty's ships shall have general permission to visit the Shatt-al-Arab on the
understanding that His Majesty the King of 'Iraq
is given prior notification of visits to 'Iraq ports.
(Initialled)
F. H. H.
N. S.
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