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Agreement between the Government of Iraq and the Governments of the United Kingdom of Great Britain and Northern Ireland, Canada, Australia, New Zealand, the Union of South Africa, India and Pakistan regarding War Cemeteries, Graves and Memorials of the British Commonwealth in Iraq resulting from the War of 1939-1945 [1955] CATSer 11 (15 June 1955)

E103153 - CTS 1955 No. 27

AGREEMENT BETWEEN THE GOVERNMENT OF IRAQ AND THE GOVERNMENTS OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, CANADA, AUSTRALIA, NEW ZEALAND, THE UNION OF SOUTH AFRICA, INDIA AND PAKISTAN REGARDING WAR CEMETERIES, GRAVES AND MEMORIALS OF THE BRITISH COMMONWEALTH IN IRAQ RESULTING FROM THE WAR OF 1939-1945

The Government of Iraq of the one part: and

The Governments of the United Kingdom of Great Britain and Northern Ireland, Canada, Australia, New Zealand, the Union of South Africa, India and Pakistan (hereinafter referred to as "the Commonwealth countries") of the other part:

Desiring to extend the provisions of the Agreement signed at Baghdad on the 15th March, 1935, and of the accompanying Notes exchanged on the same date, relating to British War Cemeteries, Graves and Memorials in Iraqi territory resulting from the War of 1914-1918 (together hereinafter referred to as the Agreement of 1935) and

Desiring to modify in certain other respects the provisions of the Agree­ment of 1935:

Have agreed as follows:

ARTICLE 1

(1) The provisions of the Agreement of 1935 shall, notwithstanding Article 1 thereof, extend and apply to the War Cemeteries, Graves and Memorials in Iraqi territory of the members of the Armed Forces of the Commonwealth countries fallen in the War of 1939-1945 and such provisions shall henceforth be read and construed accordingly.

ARTICLE 2

Article 3 of the Agreement of 1935 shall cease to have effect and the following provisions shall be substituted in its place:

(1) The Government of Iraq agree that the Commission shall be repre­sented in Iraq by a Committee, named and composed as stated below, which shall be competent to perform in the name of the Commission, and within the limits of the powers which the Commission shall from time to time delegate to it, all civil acts necessary to enable it to fulfill its object.

(2) The said Committee shall be called "The Commonwealth / Iraq Com­mittee of the Imperial War Graves Commission" and shall be composed of the chief diplomatic representative for the time being in Iraq of the United Kingdom who shall be Chairman; the chief diplomatic representative for the time being in Iraq of any of the other Commonwealth countries; two members nominated from time to time by the Government of Iraq; and such other persons nominated from time to time by the Chairman in agreement with the Commission as may be necessary to bring the total number of members of the Committee, including the Chairman, to not less than eight.

(3) The Government of Iraq agree to notify the Chairman of the Com­mittee of the persons whom they nominate as members immediately such nominations are made.

ARTICLE 3

This Agreement shall come into force on the day of publication in the Official Gazette of the necessary enabling law.

IN WITNESS WHEREOF the undersigned duly authorized thereto have signed the present Agreement and have affixed thereto their Seals.

DONE at Baghdad this eighteenth day of February 1954 in English and in Arabic both texts being equally authoritative in a single copy which shall be deposited in the archives of the Government of Iraq and of which certified copies shall be transmitted by that government to each of the other signatory governments.

J. M. Troutbeck

FOR THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN, AND NORTHERN IRELAND, AND THE GOVERNMENTS OF CANADA, AUSTRALIA, NEW ZEALAND, AND THE UNION OF SOUTH AFRICA

Khub Chand

FOR THE GOVERNMENT OF INDIA

Agha Mohammed Mustafa

FOR THE GOVERNMENT OF PAKISTAN

Abdullah Bakr

FOR THE GOVERNMENT OF IRAQ