File 87/1926 Pt 2 'Arabia: Bin Saud: Relations with H.M.G. Revision of Treaty.' [‎551r] (789/840)

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WHEREAS it is considered advisable by His Britannic MajestyV
Government and by the two Governments aforementioned, in th«
interests of friendship and good relations between the two countries
of ‘Iraq and Nejd to come to an agreement regarding certain matters
which are outstanding between those two countries,
WE, the undersigned, His Highness ‘Abdu’PAziz ibn ‘Abdu’r*
Rahman al-Faisal Al Sa'ud, Sultan of Nejd and its Dependencies, and
Jjir Gilbert Clayton, K.B.E., C.B., C.M.G., the duly accredited
Commissioner and Plenipotentiary of His Britannic Majesty’s
Government, who has been empowered to come to an agreement and
sign on behalf of the ‘Iraq Government, have agreed upon the
following articles :—
Article 1.
The States of ‘Iraq and Nejd severally recognise that raiding by
tribes settled in their territories into the territory of the other State
is an aggression which necessitates the severe punishment of the
perpetrators by the Government to which they are subject and that
the chief of the tribe committing such aggression is to be held respon
sible.
Article 2.
(a) A special tribunal shall be set up, by agreement between the
two Governments of ‘Iraq and Nejd, which shall meet from time to
time to enquire into the particulars of any aggression committed across
the frontier between the two States, to assess the damages and losses
and to fix the responsibility. This tribunal shall be composed of an
equal number of representatives of the Governments of ‘Iraq and
Nejd, and its presidency The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent. shall be entrusted to an additional person,
other than the aforesaid representatives, to be selected by the two
Governments in agreement. The decisions of this tribunal shall be
final and executory.
(b) When the tribunal has fixed the responsibility, assessed the
damages and losses resulting from the raid, and issued its decision
in that respect, the Government to whom those found guilty are
subject shall execute the aforesaid decision in accordance with tribal
customs, and shall punish the guilty party in accordance with Article 1
of the present Agreement.
Article 3.
Tribes subject to one of the two Governments may not cross the
frontier into the territory of the other Government except after
obtaining a permit from their own Government and after the con
currence of the other Government; it being stipulated, however, in
accordance with the principle of the freedom of grazing, that neither
Government shall have the right to withhold such permit or concur
rence if the migration of the tribe is due to grazing necessities.
Article 4.
The two Governments of ‘Iraq and Nejd undertake to stand in
the way, by all the means at their disposal other than expulsion and
the use of force, of the emigration of any tribe or section of a tribe
from one of the two countries into the other unless its emigration