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The Emancipation of Iraq from the Mandates System

Published online by Cambridge University Press:  02 September 2013

Luther Harris Evans
Luther Harris Evans
Affiliation:
Princeton University
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Extract

The purpose of this article is to indicate how the competent authorities of the League of Nations came to accept the view that Iraq should be considered ready for the termination of the mandate, and how they worked out for the case of Iraq the detailed application of the general principles of mandate termination. The development of the general principles here applied for the first time is the subject of a separate study.

The Iraq Mandate. Iraq was placed within the provisions of Article 22 of the League Covenant by the Council “decision” of September 27, 1924. By that decision, the Council adopted the treaty of alliance between Great Britain and Iraq, of October 10, 1922, and certain subsidiary agreements, as defining the relations of the mandatory and the mandated territory, and as giving effect to Article 22 of the Covenant. The decision provided that the British government should assume responsibility, toward all members of the League accepting the arrangement, for the fulfillment by Iraq of the terms of the treaty of alliance. Steps would be taken for the negotiation of such special extradition agreements as should be necessary. An annual report to the satisfaction of the Council should be made as to the measures taken during the year to carry out the provisions of the treaty of alliance, and copies of all laws and regulations promulgated during the year should be attached thereto. The British government undertook not to agree to any modification of the treaty of alliance without the consent of the Council. Disputes with members of the League not settled by negotiation should be referred to the Permanent Court of International Justice.

Type
Research Article
Information
American Political Science Review , Volume 26 , Issue 6 , December 1932 , pp. 1024 - 1049
Copyright
Copyright © American Political Science Association 1932

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References

1 See my article, “The General Principles Governing the Termination of a Mandate,’ 26 Amer. Jour, of Internat. Law, 735–758 (Oct., 1932)CrossRefGoogle Scholar.

1a League of Nations Official Journal (hereafter cited as Official Journal), 1924, pp. 1346–1347Google Scholar.

2 Official Journal, 1922, pp. 1505-1509; League of Nations Treaty Series (hereafter cited as L.N.T.S.), XXXV, pp. 14-18; House of Commons, Sessional Papers, 1924–1925, XXX, p. 587, Cmd. 2370, Treaty Series No. 17 (1925).

3 For text of the rules annexed to Article 421 of the Treaty of Sèvres, see House of Commons, Sessional Papers, 1920, LI, p. 609, Cmd. 964.

4 L.N.T.S., XXXV, p. 18; House of Commons, Sessional Papers, 1924-1925, XXX, p. 587, Cmd. 2370, Treaty Series No. 17 (1925).

5 L.N.T.S., XXXV, pp. 36-48, 104-109, 132-134, and 146-151; House of Commons, Sessional Papers, 1924-1925, XXX, p. 587, Cmd. 2370, Treaty Series No. 17 (1925).

6 Official Journal, 1926, 187-192, 502-503, 550-551. For text of the treaty, see also House of Commons, Sessional Papers, 1926, XXX, p. 91, Cmd. 2662, Treaty Series No. 10 (1926).

7 Official Journal, 1926, pp. 858-859; L.N.T.S., LXIV, pp. 381-391; House of Commons, Sessional Papers, 1926, XXX, p. 309, Cmd. 2679, Turkey No. 1 (1926).

8 Permanent Mandates Commission, Minutes (hereafter cited P.M.C., Mins.), 10, pp. 16-17, 44-78.

9 P.M.C., Mins., 10, p. 183. For text of the Iraqi constitution of 1924, promulgated in 1925, see League of Nations Document C.49.1929.VI. (C.P.M. 834).

10 P.M.C., Mins., 10, p. 183.

11 Ibid., pp. 183-184. For details, see Question of the Frontier Between Turkey and Iraq: Report Submitted to the Council by the Commission. League of Nations Document C.400.M.147.1925.VII.

12 P.M.C., Mins., 10, p. 184.

13 Ibid., 12, pp. 16-21.

14 Ibid., pp. 200-201.

15 For text, see House of Commons, Sessional Papers, 1927, XXVI, p. 229, Cmd. 2998.

16 P.M.C., Mins., 14, pp. 270-271.

17 Ibid., p. 276.

18 Official Journal, 1929, pp. 506-508.

19 Ibid., p. 1838.

20 P.M.C., Mins., 16, p. 204.

21 Persia extended recognition to the Iraqi government in April, 1929.

22 P.M.C., Mins., 16, pp. 204-205.

23 Resolution adopted on January 13, 1930. Official Journal, 1930, p. 77.

24 P.M.C., Mins., 18, pp. 170-171.

25 Ibid., pp. 170-174.

26 Cmd. 3503, United States No. 1 (1930).

27 Cmd. 3797. The treaty wag ratified on January 26, 1931.

28 P.M.C., Mins., 19, p. 206.

29 Official Journal, 1931, pp. 179-186.

30 Ibid., p. 785.

31 P.M.C., Mins., 19, pp. 207, 142.

32 Ibid., pp. 207, 208, 212.

33 Official Journal, 1931, pp. 184-186.

34 Special Report … on the Progress of Iraq During the Period 1920-1931 (Colonial No. 58, 1931).

35 Special Report, pp. 10-11, 287-288.

36 Ibid., pp. 11-12.

37 After the accession to power of Mr. MacDonald's Labor government.

38 Special Report, pp. 19-20.

39 Ibid., pp. 21-25.

40 Ibid., pp. 30-48.

41 Ibid., pp. 48-54.

42 Ibid., pp. 84-113.

43 Ibid., pp. 76-84.

44 Ibid., p. 132 ff.

45 Ibid., p. 287.

46 P.M.C., Mins., 20, pp. 116-116.

47 Ibid., p. 130.

48 Ibid., pp. 138-139.

49 Ibid., p. 124.

50 Ibid., p. 134.

51 Ibid., pp. 233, 160.

52 Official Journal, 1931, pp. 2056-2058.

53 Ibid., p. 2057.

54 P.M.C., Mins., 21, pp. 222-223.

55 Official Journal, 1931, pp. 2057-2058; P.M.C., Mins., 21, p. 223.

56 P.M.C., Mins., 21, p. 223.

57 Ibid., p. 224.

58 Ibid.

59 Ibid., p. 225.

60 Official Journal, 1932, pp. 471-479; text of the Council resolution is at p. 474.

61 Ibid., p. 474.

62 For text of the Committee's report, see Ibid., pp. 1342-1347; for text of the Declaration, pp. 1347-1350; for the Council's discussion, pp. 1212-1216.

63 Ibid., p. 1483.

64 Verbatim Record of the Thirteenth Ordinary Session of the Assembly, Sixth Plenary Meeting.

65 For text of the Declaration, see Official Journal, 1932, pp. 1347-1350.

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