"الملف 14/115 VII الملحق (B 9) أكسيد جزيرة أبو موسى: مواد خلفية حول هذه القضية" [و‎‎٨‎٦] (١٩٠٤/١٨٢)

ASIATIC TURKEY AND ARABIA
[January 3, 1910.j
CONFIDENTIAL. Section 1,
[294] No. 1.
Count Metiernich to Sir Edward Gr — 3, 1910.)
(Translation.)
Your Excellency, _ ^ 4, 1909.
UNDER instructions from my Government, I have the honour to transmit herewith
six copies of a second memorandum drawn up by the German Government on the
subject ot the Abu Musa incident, in reply to the Memorandum of the British
Government.
The Memorandum sets forth the general and legal position as established by facts
and proofs. It comes to the conclusion that the action of the Sheikh of Shargeh
against the mining company, Hassan-ibn-Ali and Co., was illegal, that in its ultimate
aim it was directed against the contract between Herr Robert Wonckhaus and the
mining company, and that the forcible measures taken by the sheikh were directly
promoted by the agents Organen") of the British Government. According to the
ordinary principles of law, therefore, the British Government and the sheikh are jointly
responsible for the consequences of these actions. On the one hand, Herr Robert
Wonckhaus should be compensated for the, damage'which he sustained through the
Tton-fulfllment of the contract consequent upon the mfring%ment of the rights of the
mining company by the sheikh, supported by the agents of the British Government.
On the other hand, the firm of Robert Wonckbaus and Co, should be
compensated, as a participant in the mining company, for their share of the damage
sustained by the mining company through the suspension of operations. A detailed
calculation of the damage is reserved.
In order to obviate an increase of the damage and to put an end to the existing
disturbance to property, the mining company should be permitted with the greatest
promptitude to continue their mining operations.
Having regard to the present position of affairs, the German Government believe
that they should first of all only apply to the British Government to take steps for
the removal of the disturbance to property and for the granting of compensation for
damage sustained.
If, contrary to expectation, the British Government should not admit the grounds
on which the attitude of the German Government is based, as set forth in the Memo
randum, and should adhere to the negative view which they have hitherto adopted, the
German Government are of opinion that the point at issue should be referred to the
Permanent Tribunal at The Hague.
I have, &c.
P. METTERNICH.
Enclosure in No. 1,
Second Memorandum by the German Governm
November 1909.
IN consequence of what is stated in the Memorandum of His Majesty's Govern
ment of the 10th July, 1908, the Imperial German Government have again examined
the complaint of the German firm, Robert Wonckhaus and Co., of Lingah, in regard to
the occurrences on the island of Abu Musa. In this examination they have' given
every consideration to the arguments used in the Memorandum, and to the documents
communicated to them.
From a.comparison of the British Memorandum with the first German Memorandum
(of December 1907), it appears that the following facts are not disputed ;—
Till the spring of 1883 Sheikh Salim-ibn-Sultan-ibn-Sakar Alkasimi (referred to
below for short as Sheikh Salim or Salim), was reigning Sheikh of Shargeh, to the
territory of which the island of Abu Musa belongs. During the time that he was in
[2574 c—1] B