'File 61/20 I (D 75) Meeting between Kings of Iraq and Nejd' [‎180r] (369/418)

46
(84)
Letter feom the Hon'ble the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. ,
to the Colonial Office, No. 11, dated the 25th March 1930, .
I have the honour to invite a reference to telegram No. 2300, dated
the 24tli February 1930, from His Excellency the High Commissioner for
Iraq, regarding the conference of the two Kings.
2. In paragraph 2 of that telegram His Excellency the High Com
missioner reported that both the'Kings had agreed that a tribunal for the
adjudication of claims in accordance with the provisions of the Bahra
agreement should assemble at Kuwait in June under the presidency The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent. of
either Colonel Dickson or Major Fowle as might be decided by Hk
Majesty's Government.
3. For the reasons given in my telegram No. 40 of the 22nd February
[Serial No. (40)], I consider that it would be preferable that Colonel
Dickson should not preside : on the other hand Major Powle has a good
knowledge of the language and some judicial training, has served in Iraq,
Aden and other Arabian ports, and could of course avail himself of Colonel
Dickson's local knowledge of tribal customs, etc., if necessary. Further,
I could make his services available for the purpose any time during the
summer, as Captain Russell could act temporarily as Secretary as he did
last summer. I trust therefore that His Majesty's Government will agree
to his appointment as president of the tribunal.
4. It would seem desirable however that certain points of procedure
and tribal custom should be clarified before the tribunal is convened,
irrespective of the question of who is to be president, and Major Fowle
has prepared a note on such points as have occurred to him which I for
ward herewith for the consideration of His Majesty's Government.
5. It would certainly seem desirable in order to avoid subsequent
delay that an agreement regarding these matters should be arrived at be
fore the tribunal assembles, and I would therefore venture to suggest that,
if His Majesty's Government see no objection, the two Governments should
be invited to exchange lists of their claims as soon as possible and to say
whether they agree to the procedure outlined in the draft note at page 36
;of Colonial Office Print Middle East No. 28 being followed mutatis
mutandis by the proposed tribunal under the Bahra agreement.
6. I am sending copies of this despatch to the Government of India,
His Excellency the"High Commissioner for Iraq, and His Majesty's
Charge d'Affaires at Jeddah- ^
Enclosure to Serial No. (84).
(Note dated the 12th March 1930, by Major T. C. W. Fowle, C.B.E.,
Secretary to the Hon'ble the Pomtical Resident in the Persian
Gulf.)
'Suggestions regarding procedure for the Iraq-Nejd Special (Bahra)
Tribunal,
With regard to the Special Tribunal to be convened under Article 2
of the Bahra Agreement, in view of the fact that the Tribunal has not
been held before, that therefore there are no precedents as to procedure,
and that—so far as I am aware—no such procedure has been laid down,
I venture to make the following tentative suggestions which may possibly
save time, avoid unnecessary friction, and preclude the referring to the
President of questions which it will be outside his competence to decide.
I should like to emphasise the fact that the making of these suggestions in
no way compromises the position of the neutral President, since they
cannot come into force unless both parties agree to them.
2. Unless such action has already been taken, in order that both
parties may have previous knowledge of the claims to be preferred against