'ARBITRATION CONCERNING BURAIMI AND THE COMMON FRONTIER BETWEEN ABU DHABI AND SA'ŪDI ARABIA' [With maps] [‎67r] (138/541)

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with a view to intercepting an expected relieving force of Wahhabis from Hasa
The Wahhabi force was met, and defeated. In 1850, a notorious pirate Wuhaii
bin Ataish, of the Bani Yas (Mazari‘ section), was hiding in the Khaur al-‘Udaid
and the Ruler of Abu Dhabi sent a boat there to block the wells by the somewhat
bizarre method of filling them with dead donkeys. In 1851, one, ‘Abdul Rahim
bin Sabir, from the Dhafrah, having committed a piracy off Qatar the
Ruler of Abu Dhabi was held responsible by the British Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. as being
the Ruler in whose jurisdiction the Dhafrah lay. In 1853, the Perpetual Treaty
of Peace, which prolonged the Maritime Truce indefinitely, was again signed by
the Ruler of Abu Dhabi as the authority responsible for the whole coast between
Qatar and Dubai.
22. The historical facts recited in the previous paragraphs, when pieced
together, present a clear picture of the Bani Yas tribe established in the area which
is the subject of Article II (a) of the Arbitration Agreement, and of the Rulers of
Abu Dhabi displaying, and exercising, their authority along the whole coast, from
Abu Dhabi town to Qatar, and in Llwa and the Dhafrah generally. Having regard
to the desert character of the territory, and to its circumstances, during the period
1800-1869, the Government of the United Kingdom contends that these historical
facts are, by themselves, sufficient to establish a continuous and peaceful display
of State authority, in accordance with the principles stated in Part IX, Section C,
paragraph 11, and, in particular. Principle V. They show an intention and will’
upon the part of the Rulers of Abu Dhabi, to act as sovereign, as well as some
exercise or display of sovereignty by them in, and in regard to, the area in question.
23. Accordingly, if the relative strengths of the titles of the Rulers of Abu
Dhabi and the Sa‘udi Rulers to the sovereignty of the area which is the subject of
Article II (a) of the Arbitration Agreement, during the period 1800-1869, be
appraised, there can be no possible doubt, in the view of the United Kingdom
Government, that it was the Rulers of Abu Dhabi who possessed, and exercised,
the sovereignty.
The Sovereignty of the Sultans of Muscat and ‘Oman in the Buraimi Zone (1)
24. The Sultan of Muscat and ‘Oman, admittedly, was dispossessed of Buraimi
by the Wahhabis during a considerable part of the period 1860-1869. The legal
situations resulting from these dispossessions have already been discussed from
the point of view of Wahhabi pretensions to the sovereignty of Buraimi, during this
period. From the point of view of the titles of Muscat and ‘Oman to Buraimi, the
relevant facts are that (a), Buraimi formed part of the dominions of the Sultans,
before it was forcibly occupied by the Wahhabis in 1800; (b), they recovered the
sovereignty, between 1818 and 1833; (r). although sometimes submitting under
duress, they opposed the Wahhabis throughout the period; and (d), they effected
the final expulsion of the Wahhabis in 1869, and themselves resumed the
sovereignty <2) . Having regard to the purely possessory character of any rights
that the Wahhabis may have obtained from their forcible seizure of Buraimi, it is
evident that, at the close of the period 1800-1869, the Sultans of Muscat and Oman,
by recovering their former possession and authority in Buraimi, had re-established a
title to the sovereignty superior to any that the Sa‘udi Rulers could adduce. (See
Principle VIII (b), stated in Part IX, Section C, paragraph 11).
The Sovereignty of the Rulers of Abu Dhabi in the Buraimi Zone
25. As to the Rulers of Abu Dhabi, it suffices to mention that (a), in 1824,
they joined with the Sultan in a treaty concerning the neutrality of the Buraimi
forts; (6), by 1840, they had established themselves in the Oasis, through their
control of the Dhawahir settlements; (c), in 1848 and 1850, they combined with the
local forces to expel the Wahhabis; and (d), in 1869, they were entrusted by the
Sultan with the custody of the principal fort in Buraimi, which they have held ever
since. During the period 1800-1869, the Rulers of Abu Dhabi had close understand
ings with the Sultans of Muscat and ‘Oman, and, with their acquiescence, gradual y
took possession of part of the Oasis. Moreover, they did this m Buraimi, in t e
course of the very period during which occurred the several Wahhabi occupations o
Buraimi—a fact which shows plainly the limited character of the Wahhabi position
in Buraimi during the period. 1 2
(1) See Part III, Section B, of this Memorial.
(2) See ibid., paragraph 49, of this Memorial.