Page 184 - The Arabian Gulf States_Neat

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122 THE LEGAL STATUS OF THE ARABIAN GULF STATES
CO armed conflict occurring ‘in the territory of one of the High contract­
ing Parties’ seems, clearly, to exclude the application of this Article
to such conflicts as those occurring in the territories of the protected
Stales of one of the ‘High Contracting Parties’. This is because the
territories of protected States cannot be, properly, described, within
the meaning of Article 3, as a mere portion of the territory of the ‘High
i Contracting Parties’, in the same sense as colonics are.1 Prima facie,
therefore, if an armed conflict occurs in the territory of a protected
Stale of one of the ‘High Contracting Parties’, this conflict, not being
covered by this Article, which refers only to an armed conflict ‘in the
territory of one of the High Contracting Parties’, would, probably,
be susceptible of being described as ‘an international conflict’ to which
the other provisions of the Geneva Convention under consideration
apply.
I
NATIONALITY
The inhabitants of the Gulf States, though not British subjects, norm­
ally enjoy British protection. This is the result of two fundamental
; i instruments, namely (rt) British Nationality Act, 1948, and (b) the
British Protectorates, Protected States and Protected Persons Order
in Council, 1949.
(a) The British Nationality Act, 1948,2 gives, for the first time,
statutory recognition to nationals of British protectorates and pro­
tected States as ‘British protected Persons’. It should be observed,
however, that the term ‘British protected Persons’ was in use before
the passing of this Act, but this class of persons was not clearly
defined.3 Consequently, the Act of 1948 defines British protected
persons as a separate category of British nationals to whom, by virtue
of their connection with protectorates or protected states, British
protection is extended.1 This is provided under Article 32, section (I)
of the Act as follows:
‘British protected person’ means a person who is a member of a class of
persons declared by Order in Council made in relation to any protectorate,

1 Commentators do not seem to associate the application of this Article with
conflicts taking place on the territories of protected States. Article 3 itself specifi­
cally refers to conflicts which ‘take place within the confines of a single territory'.
The fact that a conflict in a protected State is a conflict on one single territory
directed against the government of another single territory (in this ease the pro­
tecting Power), seems to exclude the application of this Article to such a conflict.
For an interpretation of this Article, see Uhler and others, op. cit., pp. 34-43;
Gutteridge, op. cit., pp. 300-1.
2 11 & 12 Geo. 6. CH. 56. T ..
3 For the status of British protected persons before 1948, see Jones. J. Mervyn,
‘Who Are British Protected Persons?’, B.Y.I.L., 22 (1945), p. 127.
4 Jones, J. Mervyn ‘British Nationality Act, 1948’, B.Y.I.L., 25 (1948), pp-
158-79.