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Anglo-Iraqi Treaty


Anglo-Iraq Treaty

(Note.—Following is the text of the treaty between Great Britain and Iraq, signed in London on December 14. The preamble of the treaty declares that the parties, recognizing that the treaties of alliance of October 10, 1922, and January 13, 1926, are no longer appropriate, in view of the altered circumstances and of the progress made by the Kingdom of Iraq, have agreed to conclude a new treaty "on terms of equality.")

Article 1. His Britannic Majesty recognizes Iraq as an independent sovereign State.

Article 2. There shall be peace and friendship between His Britannic Majesty and His Majesty the King of Iraq. Each of the high contracting parties undertakes to observe friendly relations towards the other and to do his best to prevent in his own country any unlawful activities affecting peace or order within the other's territory.

Article 3. His Majesty the King of Iraq undertakes to secure the execution of all international obligations which His Britannic Majesty had undertaken to see carried out in respect of Iraq.

His Majesty the King of Iraq undertakes not to modify the existing provisions of the Iraq organic law in such a manner as adversely to affect the rights and interests of foreigners or as to constitute any difference in rights before the law among Iraqis on the ground of difference of race, religion, or language.

Article 4. There shall be full and frank consultation between the high contracting parties in all matters of foreign policy which may affect their common interests.

Article 5. His Majesty the King of Iraq agrees to place His Britannic Majesty's High Commissioner in a position to give information to His Britannic Majesty regarding the progress of events in Iraq and the projects and proposals of the Iraq Government, and the High Commissioner will bring to the notice of his Majesty the King of Iraq any matter which His Britannic Majesty considers might prejudicially affect the well-being of Iraq or the obligations entered into under this treaty.

Article 6. His Majesty the King of Iraq undertakes, so soon as local conditions in Iraq permit, to accede to all general international agreements already existing or which may be concluded hereafter with the approval of the League of Nations in respect to the following:

The slave trade; the traffic in drugs; the traffic in arms and munitions; the traffic in women and children; commercial equality; freedom of transit and navigation; aerial navigation; postal, telegraphic, or wireless communication, and measures for the protection of literature, art, or industries.

His Majesty the King of iraq further undertakes to execute the provisions of the following instruments in so far as they apply to Iraq: The Covenant of the League of Nations, the Treaty of Lausanne, the Anglo-French Boundary Convention, the San Remo Oil Agreement.

Article 7. His Majesty the King of Iraq undertakes to co-operate, in so far as social, religious, and other conditions may permit, in the execution of any common policy adopted by the League of Nations for preventing and combating disease, including diseases of plants and animals.

Article 8. Provided the present rate of progress in Iraq is maintained and all goes well in the interval, His Britannic Majesty will support the candidature of Iraq for admission to the League of Nations in 1932.

Article 9. There shall be no discrimination in Iraq against the nationals of any State, member of the League of Nations, or of any State to which His Majesty the King of Iraq has agreed by treaty that the same rights should be ensured as it would enjoy if it were a member of the said League (including companies incorporated under the laws of such State), as compared with those of any other foreign State in matters concerning taxation, commerce, or navigation, the exercise of industries or professions, or in the treatment of merchant vessels or civil aircraft.

Nor shall there be any discrimination in Iraq against goods originating in or destined for any of the said States.

Article 10. His Britannic Majesty undertakes, at the request of His Majesty the King of Iraq, and on his behalf, to continue the protection of Iraqi nationals in foreign countries in which His Majesty the King of Iraq is not represented.

Article 11. Nothing in this treaty shall affect the validity of the contracts concluded and in existence between the Iraqi Government and British officials; in every respect those contracts shall be interpreted as if the British officials' agreement of March 25, 1924, were in existence.

Article 12. A separate agreement shall regulate the financial relations between the high contracting parties. This agreement shall supersede the financial agreement of March 25, 1924, corresponding with the 19th day of Sha'ban, 1342, Hijrah, which shall thereupon cease to have effect.

Article 13. A separate agreement shall regulate the military relations between the high contracting parties. This agreement shall supersede the military agreement of March 25, 1924, corresponding with the 19th day of Sha'ban, 1342, Hijrah, which shall thereupon cease to have effect.

Article 14. His Majesty the King of Iraq undertakes to maintain in force the judicial agreement signed on March 25, 1924, corresponding to the 19th day of Sha'ban, 1342.

Article 15. Any difference that may arise between the high contracting parties as to the interpretation of the provisions of this treaty shall be referred to the Permanent Court of International Justice provided for by Article 14 of the Covenant of the League of Nations. In such case, should there be any discrepancy between the English and the Arabic texts of this treaty, the English shall be taken as the authoritative version.

Article 16. This treaty shall come into force as soon as it has been ratified and ratifications have been exchanged in accordance with the constitutional methods of the two countries, and shall be subject to review with the object of making all modifications required by the circumstances, when Iraq enters the League of Nations in accordance with the provisions of Article 8 of this treaty. This treaty shall replace the treaties of alliance signed at Baghdad on October 10, 1922, corresponding with the 19th day of Sa'far, 1341, Hijrah, and on January 13, 1926, corresponding with the 28th day of Jamadi-al-Ukhra, 1344, Hijrah, which shall cease to have effect upon the entry into force of this treaty.

ANGLO-IRAQ TREATY. (1928). Advocate of Peace through Justice, 90(3), 186-187. Retrieved February 2, 2021, from http://www.jstor.org/stable/20661863


ANGLO-IRAQ MILITARY TREATY. (1926). Advocate of Peace through Justice, 88(4), 214-216. Retrieved February 2, 2021, from http://www.jstor.org/stable/20661229




Endnotes

Hudson, M. (1933). The Admission of Iraq to Membership in the League of Nations. The American Journal of International Law, 27(1), 133-138. doi:10.2307/2189798


PEDERSEN, S. (2010). Getting Out of Iraq—in 1932: The League of Nations and the Road to Normative Statehood. The American Historical Review, 115(4), 975-1000. Retrieved February 2, 2021, from http://www.jstor.org/stable/23303209