Page 413 - The Arabian Gulf States_Neat

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IRAN’S OCCUPATION OI; ABU MUSA AND THE TUNBS 347 :
In terms of strict legal principles, the Iranian military occupation
of the Tunb islands could not be justified as it is clearly contrary to
the purposes and principles of the United Nations Charter, ■
particularly Article 1, paragraph (1) and Article 2, paragraph (3) and
(4), which oblige Members of the United Nations to settle their
international disputes by peaceful means, and to refrain in their
international relations from the threat or use of force against the
territorial integrity or political independence of any state. . . . ^ *
With respect to Abu Musa, there is much to be said, by way of
legal arguments, in support of the Iranian unforcible landing on the
island, which was undertaken with the concurrence of the Ruler of
Sharjah, and in pursuance of the provisions of the Agreement which
Iran concluded with him in November, 1971.
However, it should be pointed out that the League of Arab States
has already questioned the international validity of the Agreement
on Abu Musa on the ground that the Ruler of Sharjah signed it under
Iranian pressure and threat to take over the island by force if no
solution satisfactory to Iran was reached.
This view may be based on Article 52 of the Convention on the
Law of Treaties which states:
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“A treaty is void if its conclusion has been produced by the threat or use
of force in violation of the principles of international law embodied in the
Charter of the United Nations*'.2 i
The question of the validity of the said Agreement under
international law cannot be answered in strict legal terms, without
first making a thorough examination of the facts and circumstances
which led the Ruler of Sharjah to accept the Agreement. However, i.
it seems doubtful that the Agreement on Abu Musa, which is
entitled as “Memorandum of Understanding", can easily be
questioned under international law.3 It is hoped, however, that the 1
f.
the treaty would end yesterday could not have meant that in fact the treaty
ended the day before, or last week, or last year”. (See Arab Report and
Records, op. cit.. p. 624).
I. See two Memoranda (in Arabic) prepared by the Legal Department of the
Arab League on 28 December, 1971, regarding Iran’s occupation of the islands.
2 Vienna Convention on the Law of Treaties, 23 May 1969, British Treaty Series,
Miscellaneous No 31 (1969). Cmnd. 4140.
3 As the correspondence relating to the Agreement shows, the channel of
communication in the arrangement was the British Foreign Secretary, who
received a letter from the Ruler of Sharjah, dated 18 November, 1971 in which
the latter confirmed his acceptance of the "Memorandum of Understanding".
And at the request of the Ruler of Sharjah, the British Foreign Secretary
communicated to the Iranian Foreign Minister, Sharjah’s acceptance of the
arrangement. In reply, the Iranian Minister for Foreign Affairs, Abbas Ali
Khalatbari, wrote to the British Foreign Secretary on 25 November, confirming