'File 61/14 VII (D 51) Relations between Nejd and Iraq' [‎165r] (346/416)

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His Britannic Majesty's Government, for.their part, were not prepared to admit
that the Iraq Government, m constructing such posts, acted otherwise than in full
accom with their treaty obligations; nor were they prepared to agree to the
demolition of posts. It seemed to them, however, that a full and frank
discussion of the question m dispute might go far to convince King Ibn Saud that
his protests against the establishment of the Busaiyah post were unjustified, and
that in this matter the action of the Iraq Government had been entirely correct.
To this end it was decided that Sir Gilbert Clayton should proceed to Jeddah to
enter into personal discussion with King Ibn Saud and to furnish him with such
explanations and assurances as, it was hoped, would set at rest any genuine doubts
which he might feel both as to the intentions of the Iraq Government in constructing
j such posts and as to the use to which it was proposed that they should be put.
8. The main point at issue now resolved itself into a difference of interpreta
tion of the words " in the vicinity of the border " (Arabic : " ala atraf al hudud ")
jf in article 3 of the Uqair Protocol. It appeared that King Ibn Saud had read into
these words far more than they were intended to convey by His Britannic Majesty's
Government. In his view, the object of the article was to prevent the erection of
fortified posts at any of the wells situated in the open desert on either side of the
frontier and at any distance from the frontier, and he contended that had not this
been the intention he would have refused to ratify the Convention of Mohammerah,
to which the Protocol of Uqair was appended. Unfortunately, no detailed record
of the conversation leading up to the signature of this protocol exists. But
Sir Percy Cox, the British Plenipotentiary, who represented the interests both of
His Britannic Majesty's Government and the Iraq Government, at their discussions,
has categorically affirmed that, on his part at least, the words in dispute were not
intended to bear any strained or exceptional construction or to convey any meaning
other than that which would ordinarily be assigned to them, namely, a short distance
on either side of the frontier.
While, therefore, it seemed clear that these words would not admit of the
interpretation placed upon them by King Ibn Saud, events had shown that they were,
in fact, open to misunderstanding. Consequently it appeared to His Britannic
Majesty's Government highly desirable in the interests of both parties that some
means should be found of removing any element of ambiguity and eliminating the
possibility of further dispute by the adoption of an accepted definition. Sir Gilbert
Clayton was therefore authorised to suggest to King Ibn Saud that they should be
defined as meaning within some specified distance from the frontier, and for this
purpose a maximum distance of 25 miles was suggested as a basis for discussion.
Alternatively, it was suggested that instead of a definition based upon distance
from the frontier, certain wells on each side of the frontier should be specifically
enumerated at which the construction of posts would be prohibited.
9. These suggestions were conveyed to King Ibn Saud on the occasion of
Sir Gilbert Clayton's first visit to Jeddah in May last. He was, however, as you
will remember, unable to convince His Majesty that in constructing the advanced
desert posts the Iraq Government had not contravened their treaty obligations; nor
could any progress be made towards arriving at an agreed interpretation of the
disputed words in article 3 of the protocol. The advent of the pilgrimage season,
which required the King's presence at Mecca for over a month, made it necessary
i to bring the conversations to a close in any case, and it was decided that Sir Gilbert
Clayton should take this opportunity to return to England and report personally
to His Britannic Majesty's Government.
10. On the receipt of Sir Gilbert Clayton's report, and on learning of the
attitude taken up by King Ibn Saud in the matter of the Uqair Protocol and the
advanced posts, the whole question was re-examined by His Majesty s Government
in consultation with the Iraq Government. After the fullest consideration, His
Majesty's Government decided that in this matter they were unable to make any
concession of principle. They held that, subject to existing treaty engagements
which, in their considered opinion, were in no way infringed in the present case,
the Iraq Government had every right to make what arrangements they deemed
necessary for the administration of their tribes and of their desert areas, and that
any attempt to interfere with this right must be resisted. Sir Gilbert Clayton was
therefore instructed on his return to Jeddah to inform King Ibn Saud accordingly,
but at the same time, to make it clear that the permanent system of administration
to be adopted for this purpose had not yet been determined, and that it was proposed
inimediately to consider a reorganisation of the present system. Sir Gilbert Clayton
[623 a—1] B 2