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العملية فجر ـ 8
العملية فجر ـ 9
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اتفاقية سايكس ـ بيكو 1916
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مناطق إنتاج النفط
أوضاع القوات العراقية والإيرانية
مسلسل العمليات كربلاء (1 – 9)
مسرح العمليات (الاتجاهات الإستراتيجية)
مسرح العمليات (التضاريس)
مسرح العمليات والدول المجاورة
الموقع الجغرافي للعراق وإيران
المنطقة الكردية
الهجمات الثانوية للعملية بدر
الهجوم المضاد الإيراني العام
الأفكار البديلة للعملية خيبر
التواجد الأجنبي في الخليج
التجمع القتالي لقوات الطرفين
العملية مسلم بن عقيل
العملية بدر
العملية فجر النصر
القواعد والتسهيلات الأمريكية
القواعد والتسهيلات السوفيتية
بدء الهجوم العراقي
تضاريس المنطقة الإيرانية
تضاريس العراق
تقسيم إيران
سلسلة العمليات فجر
طرق المواصلات بالشرق الأوسط
فكرة الاستخدام للقوات الإيرانية
فكرة الاستخدام للقوات العراقية



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النص الإنجليزي للمعاهدة الدولية وحسن الجوار بين العراق وإيران

Treaty concerning the frontier and neighbourly relations

between Iran and Iraq, on 13 June 1975

His Imperial Majesty the Shahinshah of Iran,

His Excellency the President of the Republic of Iraq,

Considering the sincere desire of the two Parties as expressed in the Algiers Agreement of 6 March 1975, to achieve a final and lasting solution to all the problems pending between the two countries,

Considering that the two Parties have carried out the definitive redemarcation of their land frontier on the basis of the Constantinople Protocol of 1913 and the minutes of the meetings of the Frontier Delimitation Commission of 1914 and have delimited their river frontier along the thalweg,

Considering their desire to restore security and mutual trust throughout the length of their common frontier,

Considering the ties of geographical proximity, history, religion, culture and civilization which bind the peoples of Iran and Iraq,

Desirous of strengthening their bonds of friendship and neighbourliness, expanding their economic and cultural relations and promoting exchange and human relations between their peoples on the basis of the principles of territorial integrity, the inviolability of frontiers and non-interference in internal affairs,

Resolved to work towards the introduction of a new era in friendly relations between Iran and Iraq based on full respect for the national independence and sovereign equality of States.

Convinced that they are helping thereby to implement the principles and achieve the purposes and objectives of the Charter of the United Nations,

Have decided to conclude this Treaty and have appointed as their plenipotentiaries:

His Imperial Majesty the Shahinshah of Iran:

His Excellency Abbas Ali Khalatbary, Minister of Foreign Affairs of Iran.

His Excellency the President of the Republic of Iraq:

His Excellency Saadoun Hamadi, Minister for Foreign Affairs of Iraq.

Who, having exchanged their full powers, found to be in good and due form, have agreed as follows:

Article I

The High Contracting Parties confirm that the State land frontier between Iraq and Iran shall be that which has been redemarcated on the basis of and in accordance with the provisions of the Protocol concerning the redemarcation of the land frontier, and the annexes thereto, attached to this Treaty.

Article 2

The High Contracting Parties confirm that the state frontier in the Shatt Al Arab shall be that which has been delimited on the basis of and in accordance with the provisions of the Protocol concerning the delimitation of the river frontier, and the annexes thereto, attached to this Treaty.

Article 3

The High Contracting Parties undertake to exercise strict and effective permanent control over the frontier in order to put an end to any infiltration of a subversive nature from any source, on the basis of and in accordance with the provisions of the Protocol concerning frontier security, and the annex thereto, attached to this Treaty.

Article 4

The High Contracting Parties confirm that the provisions of the three Protocols, and the annexes thereto, referred to in Articles 1, 2, and 3 above and attached to this Treaty as an integral part thereof shall be final and permanent. They shall not be infringed under any circumstances and shall constitute the indivisible elements of an over-all settlement. Accordingly, a breach of any of the components of this over-all settlement shall clearly be incompatible with the spirit of the Algiers Agreement.

Article 5

In keeping with the inviolability of the frontiers of the two States and strict respect for their territorial integrity, the High contracting Parties confirm that the course of their land and river frontiers shall b6-inviolable, permanent and final.

Article 6

1.    In the event of a dispute regarding the interpretation or implementation of this Treaty, the three Protocols or the annexes thereto, any solution to such a dispute shall strictly respect the course of the Iraqi - Iranian frontier referred to in Articles 1 and 2 above, and shall take into account the need to maintain security on the Iraqi - Iranian frontier in accordance with Article 3 above.

2.    Such disputes shall be resolved in the first instance by the High Contracting Parties, by means of direct bilateral negotiations to be held within two months after the date on which one of the Parties so requested.

3.    If no agreement is reached, the High Contracting Parties shall have recourse, within a three-month period, to the good offices of a friendly third State.

4.    Should one of the two Parties refuse to have recourse to good offices or should the good offices procedure fail, the dispute shall be settled by arbitration within a period of not more than one month after the date of such refusal or failure.

5.    Should the High Contracting Parties disagree as to the arbitration procedure, one of the High Contracting Parties may have recourse, within 15 days after such disagreement was recorded, to a court of arbitration.

With a view to establish such a court of arbitration each of the High Contracting Parties shall, in respect of each dispute to be resolved, appoint one of its nationals as arbitrators and the two arbitrators shall choose an umpire. Should the High Contracting Parties fail to appoint their arbitrators within one month after the date on which one of the Parties received a request for arbitration from the other Party, or should the arbitrators fail to reach agreement on the choice of the umpire before that. time-limit expires, the High Contracting Party which requested arbitration shall be entitled to request the President of the International Court of Justice to appoint the arbitrators or the umpire, in accordance with the procedures of the Permanent Court of Arbitration.

6.    The decision of the court of arbitration shall be binding on and enforceable. by the High Contracting Parties.

7.    The High Contracting Parties shall each defray half the costs of arbitration.

Article 7

This Treaty, the three Protocols and the annexes thereto shall be. registered in accordance with Article 102 of the Charter of the United Nations.

Article 8

This Treaty, the three Protocols and the annexes thereto shall be ratified by each of the High Contracting Parties in accordance with its domestic law.

This Treaty, the three Protocols and the annexes thereto shall enter into force on the date of the exchange of the instruments of ratification in Teheran.

IN WITNESS WHEREOF the Plenipotentiaries of the High Contracting Parties have signed this Treaty, the Three Protocols and the annexes thereto.

Done at Baghdad, on 13 June 1975.

(Signed)

Abbas Ali Khalatbary

Minister for

Foreign Affairs of Iran

(Signed)

Saadoun Hamadi

Minister for

Foreign Affairs of Iraq

This Treaty, the three Protocols and the annexes thereto were signed in the presence of His Excellency Abdel-Aziz Bouteflika, Member of the Council of the Revolution and Minister for Foreign Affairs of Algeria.

 (Signed)        

Protocol concerning the delimitation to the river frontier

between Iran and Iraq

Pursuant to the decisions taken in the Algiers communique of 6 March 1975. The two Contracting Parties have agreed as follows:

Article I

The two Contracting Parties hereby declare and recognize that the State river frontier between Iran and Iraq in the Shatt Al Arab has been delimited along the thalweg by the Mixed Iraqi-Iranian- Algerian Committee on the basis of the following:

1.    The Teheran Protocol of 17 March 1975.

2.    The record of the Meeting of Ministers for Foreign Affairs, signed at Baghdad on 20 April 1975, approving, inter alia, the record of the Committee to Delimit the River Frontier, signed on 16 April 1975 on board the Iraqi ship El Thawra in the Shatt Al Arab;

3.    Common hydrographic charts, which have been verified on the spot and corrected and on which the geographical co-ordinates of the 1975 frontier crossing points have been indicated; these charts have been signed by the hydrographic experts of the Mixed Technical Commission and countersigned by the heads of the Iran, Iraq and Algerian delegations to the Committee. The said charts, listed hereinafter, are annexed to this Protocol and form an integral part thereof:

Chart No. 1: Entrance to the Shatt Al Arab, No. 3842, published by the British Admiralty;

Chart No. 2:  Inner Bar to Kabda Point, No. 3843, published by the British Admiralty;

Chart No. 3: Kabda Point to Abadan, No. 3844, published by the British Admiralty;

Chart No. 4: Abadan to Jazirat Ummat Tuwaylah, No. 3845, published by the British Admiralty.

Article 2

1.    The frontier line in the Shatt Al Arab shall follow the thalweg, i.e., the median line of the main navigable channel at the lowest navigable level, starting from the point at which the land frontier between Iran and Iraq enters the Shatt Al Arab and continuing to the sea.

2.    The frontier line, as defined in paragraph I above, shall vary with changes brought about by natural causes in the main navigable channel. The frontier line shall not be affected by other changes unless the two Contracting Parties conclude a special agreement to that effect.

3.    The occurrence of any of the changes referred to in paragraph 2 above shall be attested jointly by the competent technical authorities of the two Contracting Parties.

4.    Any change in the bed of the Shatt Al Arab brought about by natural causes which would involve a change in the national character of the two States' respective territory or of landed property, constructions, or technical or other installations shall not change the course of the frontier line, which shall continue to follow the thalweg in accordance with the provisions of paragraph 1 above.

5.    Unless an agreement is reached between the two Contracting Parties concerning the transfer of the frontier line to the new bed, the water shall be re-directed at the joint expense of both Parties to the bed existing in 1975--as marked on the four common charts listed in Article 1, paragraph 3, above-should one of the Parties so request within two years after the date on which the occurrence of the change was attested by either of the two Parties. Until such time, both Parties shall retain their previous rights of navigation and of use over the water of the new bed.

Article 3

1.    The river frontier between Iran and Iraq in the Shatt Al Arab, as defined in Article 2 above, is represented by the relevant line drawn on the common charts referred to in Article 1, paragraph 3, above.

2.    The two Contracting Parties have agreed to consider that the river frontier shall end at the straight line connecting the two banks of the Shatt Al Arab, at its mouth, at the astronomical lowest low-water mark. This straight line has been indicated on the common hydrographic charts referred to in Article 1, paragraph 3, above.

Article 4

The frontier line as defined in Articles 1, 2 and 3 of this Protocol shall also divide vertically the air space and the subsoil.

Article 5

With a view to eliminating any source of controversy, the two Contracting Parties shall establish a Mixed Iraqi-Iranian Commission to settle, within two months, any questions concerning the status of landed property, constructions, or technical or other installations, the national character of which may be affected by the delimitation of the Iranian - Iraqi river frontier, either through repurchase or compensation or any other suitable arrangement.

Article 6

Since the task of surveying the Shatt Al Arab has been completed and the common hydrographic chart referred to in Article 1, paragraph 3, above has been drawn up, the two Contracting Parties have agreed that a new survey of the Shatt Al Arab shall be carried out jointly, once every 10 years, with effect from the date of signature of this Protocol. However, each of the two Parties shall have the right to request new surveys, to be carried out jointly, before the expiry of the 10-year period.

The two Contracting Parties shall each defray half the cost of such surveys.

Article 7

1.    Merchant vessels, State vessels and warships of the two Contracting Parties shall enjoy freedom of navigation in the Shatt Al Arab and in any part of the navigable channels in the territorial sea which lead to the mouth of the Shatt A] Arab, irrespective of the line delimiting the territorial sea of each of the two countries.

2.    Vessels of third countries used for purposes of trade shall enjoy freedom of navigation, on an equal and non-discriminatory basis, in the Shatt Al Arab and in any part of the navigable channels in the territorial sea which lead to the mouth of the Shatt Al Arab, irrespective of the line delimiting the territorial sea of each of the two countries.

3.    Either of the two Contracting Parties may authorize frontier warships visiting its ports to enter the Shatt Al Arab, provided such vessels do not belong to a country in a state of belligerency, armed conflict or war with either of the two Contracting Parties and provided the other Party is so notified no less than 72 hours in advance.

4.    The two Contracting Parties shall in every case refrain from authorizing the entry to the Shatt Al Arab of merchant vessels belonging to a country in a state of belligerency, armed conflict or war with either of the two Parties.

Article 8

1.    Rules governing navigation in the Shatt Al Arab shall be drawn up by a mixed Iranian-Iraqi Commission, in accordance with the principle of equal rights of navigation for both States.

2.    The two Contracting Parties shall establish a Commission to draw up rules governing the prevention and control of pollution in the Shatt Al Arab.

3.    The two Contracting Parties undertake to conclude subsequent agreements on the questions referred to in paragraphs I and 2 of this Article.

Article 9

The two Contracting Parties recognize that the Shatt Al Arab is primarily an international waterway, and undertake to refrain from any operation that might hinder navigation in the Shatt Al Arab or in any part of those navigable channels in the territorial sea of either of the two countries that lead to the mouth of the Shatt Al Arab.

Done at Baghdad, on 13 June 1975.

(Signed)

ABBAS ALI KHALATBARY

Minister for Foreign

Affairs of Iran

(Signed)

SAADOUN HAMADI

Minister for Foreign

Affairs of Iraq

Signed in the presence of His Excellency Abdel-Aziz Bouteflika, Member of the Council Revolution and Minister for Foreign Affairs of Algeria.

(Signed)