Page 181 - The Arabian Gulf States_Neat

THE PRESENT LEGAL POSITION 119
Having clarified the position of British protected States in a war in
which the United Kingdom is a party, it can now be stated, in answer
to the question asked at the beginning of this discussion regarding the
position of the Shaikhdoms in a British war, that these Shaikhdoms
arc, most probably, not involved in a war as a direct result of a
declaration of war on the part of the United Kingdom. The practice
in the last war had shown that these Shaikhdoms were, for all practical
purposes, not placed at war with Germany as a result of the British
declaration of war of 3 September 1939 against Germany.1 During the
period of the war no specific mention of the Shaikhdoms being placed
at war with Germany was ever made. However, according to The
Times, the Rulers of the Shaikhdoms sent messages of support and
sympathy to Her Majesty's Government in the United Kingdom.2
It may be argued that the Rulers of the Shaikhdoms had, by sending
messages of sympathy to the British Government, declared themselves,
though informally, as enemies of Germany.3

2. Do the Gulf States have the right to declare war against the British
Government or against Third States?
(i) Muscat
Having stated above that Muscat is an independent State with full
international personality, it would seem to follow, therefore, that her
sovereign right of making war or peace with any other State, including
the United Kingdom, has remained in full force. Muscat has not, in
law, curtailed or surrendered this right, and she is therefore respon­
sible for her own international delinquencies. Consequently, it follows
that a conflict between Muscat and any other independent State, in­
cluding the United Kingdom, would most probably be regarded as
‘an international conflict’ to which the provisions of the Geneva
Convention Relative to the Treatment of Prisoners of War of 12 Aug­
ust 1949 apply without condition.1 Although Muscat is not a party to
1 For the Announcement from the Privy Council Office regarding British
declaration of war against Germany on 3 September 1939, see The Times, 4 Sep­
tember 1939.
2 The Times, 11 September 1939.
3 For a general statement regarding the Shaikh of Bahrain’s support to the
British cause during the war, see Bahrain Government, Annual Report (1358),
February 1939-Fcbruary 1940, p. 1.
It may be remarked in this connection, that by the Persian Gulf States (Emer­
gency) Order in Council, 1939, the Trading with the Enemy Act, 1939, was applied,
‘with certain modifications’, to the Gulf States, within the limits of Her Majesty’s
jurisdiction therein. The Order of 1939 was later revoked by the Persian Gulf
States (Emergency) (Revocation) Order, 1953. For these enactments, see 2 & 3
Geo. 6. C. 89; S.R. & O. 1939/1293; S.I. 1953 No. 1670; Persian Gulf Gazette,
Suppl. No. 2, 1 January 1945.
4 Treaty Scries, Misc., No. 4 (1950), Cmd. 8033, p. 44.