Page:United States Statutes at Large Volume 47 Part 2.djvu/235

 CONVENTION-AMERICAN RIGHTS IN IRAQ. JAN. 9, 1930. recommendation of the High Commissioner regarding the movements and dispositions of the Iraq arm: given in virtue of this article. AlmCLE 8. The Iraq army shall only be employed in the interests of Iraq and the two Governments hereby agree that neither Government shall undertake any military operations for the maintenance of internal order or for the defence of Iraq from external aggression without_previous consultation and agreement with the other Govern- ment. The Iraq Government shall not be entitled to the assistance of any forces maintained or controlled by His Britannic Majesty's Government ~inst or for the suppression of any external 8Jgres- sion or any CIVil disturbance or armed rising, which shall, In the opinion of the High Commissioner, have been provoked or occasioned by action taken or policy pursued by the Iraq Government con- trary to the advice or express wishes of His Britannic Majesty's Government. ARTICLE 9. In the event of operations bei~ undertaken in which forces main- tained or controlled by His Bntannic Majesty's Government are to take part, the command of the combined forces shall, subject to any special arrangement which may be accepted by both parties, be vested in a British military commander selected for the purpose. ARTICLE 10. The Iraq Government undertake to recognise and if necessary to secure by legislation. or otherwise, the following powers and im- munities for any armed forces maintained or controlled by His Britannic Majesty's Government in Iraq, such armed forces to be regarded as includi~ civilian officials and Indian public followers attached to and inhabItants of Iraq serving with the air and military forces:- (a.) (b.) The right to require from the Iraq Government such action accordiIll! to law as may be necessary in the detection and arrest of persons accused of offences committed against such armed forces or any members thereof and to secure the trial of persons so accused. It is understood that the right to secure the trial of such accused persons shall include the right to secure their trial by a British Judge of the Iraq COurts or by a Special Court composed of two British Judges of the Iraq Courts and one Iraqi Jud2e. Appeals either from the Ordinary Courts or from the Special Court shall lie to the Iraq Court of Appeal~ which shall in such cases have· a majoritii of British tJu~. Trial before the Special Court sha only take place in circumstances which are certified in writing by the High Commissioner and the Air Officer CommandiDg to be of such exceptional urgency or im]?ortance as to render trial by the Ordinary Courts undeSIrable. Such certificate may s~ify the date and place of assembly of the Court in which event members of the Court shall proceed if necessary by air with such despatch as is needful for the Court to assemble at such date and place. The right to exercise over all members of the said forces the control and jurisdiction provided by the British1 Indian or other military law, to which the members or such forces are subject. 1841