Page 316 - The Arabian Gulf States_Neat

254 TIIE LEGAL STATUS OF THE ARABIAN GULF STATES
question arises whether Iraq had a legal right to annex her on this
ground? This will now be examined below.

Succession of Iraq to the rights of the Ottoman Empire in Kuwait
The Iraqi Government’s argument was that the new State of Iraq
had succeeded to the former Turkish provinces of Mesopotamia, in­
cluding Kuwait which then formed a sub-province of the Wilayat of
Basrah.1 What is the truth behind this statement? As stated earlier,
the Ottoman Empire had not acquired any territorial sovereignty in
Kuwait.2 But even if it is assumed, for the sake of argument only, that
Turkey had possessed a sovereign right over Kuwait, does it follow
that Iraq, as a successor to the former Turkish Wilayat of Basrah,
had legally succeeded to such a right over Kuwait? It is clear that
when Turkey went to war with Britain in 1913, the then Ruler of
had no hesitation in declaring himself on the British side and
active part in the hostilities against the Turks in Basrah,
declared himself at war with Turkey, he received in 1914
nition of his country as ‘an independent Government
-otection’.3 Subsequently, Kuwait continued to enjoy
[une 1961 when she became a fully independent State.
!, which succeeded to the former Turkish provinces
dad and Basrah,.she was declared a British mandate
. On 20 June 1920 an Arab Government was formed in
ritish advice, and on 11 July 1921 King Faisal I was
a Council of State as the Hashemite King of Iraq. On
ot 1921 a new civil ministerial government was appointed by
, dng.4 Finally, the British mandate system was liquidated on
28 January 1932, when Britain recommended the admission of Iraq
to the League of Nations. Having fulfilled the conditions of ‘state­
u hood’, in accordance with Article 22 of the Covenant of the League,5
Iraq was, therefore, admitted on 3 October 1932 to membership of
•• ■
the League of Nations.6 Consequently, whether the State of Iraq was
legally established in 1921, when a civil government was formed, or
in 1932, as a result of Iraq's admission to the League of Nations, she
could not have succeeded in international law to former Turkish
possessions without the limitations imposed by the peace treaties of
!•: 1920 and 1923. What were those limitations?
1 The Truth About Kuwait, op. cit., pp. 4-5, 24-5.
i, 2 See above, p. 253. And see Longrigg, S. H., Iraq, 1900-1950 (1953), p. 68:
‘Shaikh Mubarak at Kuwayt maintained his delicate triple position of nominal
Qa'immaqam, treaty-bound British protege, and effectively independent ruler.’
3 See above, Chapter 5. . ,ino,
4 Ireland, P. W., Article on ‘Iraq’, Encyclopaedia Brit arnica, 12th ed. (190J;,
^ Hurcwitz, II, pp- 61-2; U.K.T.S., No. 11 (1920), Cmd. 964.
c Ireland’s article on Iraq, op. cit., pp. 589-90.