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 definite
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
neighbouliness, 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 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 1
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 sources,
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 article
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 be 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 resource 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 the 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 Tehran.
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) (Signed)
Abbas Ali Khalatbary Saadoun Hamadi
Minister for Foreign Minister for Foreign
Affairs of Iran 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 cocerning the
Redemarcation of the Land Frontier between Iran and Iraq
Pursuant to the provisions of the
Algiers communique of 5 March 1975,
The two Contracting Parties have agreed as follows:
Article 1
A. The two Contracting Parties affirm and recognize that the
redemarcation of the State land frontier between Iran and Iraq
was a field operation performed by the mixed
Iraqi-Iranian-Algerian Committee on the basis of the following:
1. The Constantinople Protocol of 1913 and the minutes of the
meetings of the 1914 Commission to delimit the Turco-Persian
frontier;
2. The Tehran Protocol dated 17 March 1975;
3. The record of the meeting of Ministers for Foreign Affairs,
signed at Baghdad on 20 April, 1975 and approving, inter alia,
the record of the Committee to Demarcate the Land frontier,
signed at Tehran on 30 March, 1975;
4. The record of the meeting of Ministers for Foreign Affairs,
signed at Algiers on 20 May, 1975;
5. The descriptive record of operations in the demarcation of the
land frontier between Iran and Iraq, prepared by the Committee to
Demarcate the Land Frontier and dated 13 June, 1975. The record
constitutes Annex 1 and is an integral part of this Protocol;
6. Maps on the scale 1:50,000 indicating the land frontier line
and the position of the old and new frontier marks. The maps
constitute Annex 2 and are in integral part of this Protocol.
7. Record cards of the old and new frontier marks;
8. A document giving the co-ordinates of the frontier marks;
9. Aerial photographs of the Iraqi-Iranian frontier strip
indicating the positions of the old and new frontier marks.
B. The two Parties undertake to complete the demarcation of the
frontier between frontier marks No. 14 and No. 15 within two
months.
C. The two Contracting Parties shall co-operate in producing
aerial photographs of the Iranian-Iraqi land frontier with a view
to using them in plotting the frontier on maps on the scale
1:25,000, indicating the position of the frontier marks. This
work shall be completed within a period not exceeding one year
with effect from 20 May, 1975, and shall be without prejudice to
the entry into force of the Treaty of which this Protocol is an
integral part.
The descriptive record relating to the land frontier and referred
to in paragraph 5 above shall be amended accordingly.
The maps produced pursuant to the present section C shall
supersede all existing maps.
Article 2
The State land frontier between Iraq and Iran shall follow the
line indicated in the descriptive record and the maps referred to
respectively in paragraphs 5 and 6 of Article 1 above, due regard
being had to the provisions of section C of that Article.
Article 3
The frontier line defined in Articles 1 and 2 of this Protocol
shall also divide vertically the air space and the subsoil.
Article 4
The two Contracting Parties shall established a Mixed
Iraqi-Iranian Commission to settle, in a neighbourly and
co-operative spirit, the status of landed property,
constructions, or technical or other installations whose national
character may be changed by the redemarcation of the land
frontier between Iraq and Iran. Such settlement shall be by means
of repurchase compensation or any other appropriate formula, with
a view to eliminating any source of litigation.
The Commission shall settle the status of State property within
two months. Claims concerning private property shall be submitted
to it within two months. The status of this private property
shall be settled within the following there months.
Article 5
1. A Mixed Commission composed of representatives of the
competent authorities of the two States shall be established to
inspect the frontier marks and determine their condition.
2. Either Contracting Party may request the other in writing to
have the Commission carry out, at any time, an additional
inspection of the frontier marks. In the event of such a request,
the inspection shall be made within a period not exceeding 30
days after the date of the request.
3. Whenever an inspection is made, the Mixed Commission shall
prepare the relevant reports and submit them under its signature
to the competent authorities of each of the two States. The
Commission may, if need be, call for the construction of new
frontier marks according to the specifications of the existing
ones provided that the course of the frontier line is not thereby
altered. Where new frontier marks are constructed, the competent
authorities of the two States shall check the frontier marks and
their co-ordinates against the relevant maps and documents
referred to in Article 1 of this Protocol. The authorities shall
then position the frontier marks under the supervision of the
Mixed Commission, which shall prepare a record of the operation
and submit it to the competent authorities of each of the two
States so that it may be annexed to the documents referred to in
Article 1 of this Protocol.
4. The two Contracting Parties shall be jointly responsible for
the maintenance of the frontier marks.
5. The Mixed Commission shall be responsible for replacing
displaced frontier marks and reconstructing destroyed or missing
marks, on the basis of this Protocol, taking care not to alter,
under any circumstances, the position of the marks. In such
cases, the Mixed Commission shall prepare a record of the
operation and submit it to the competent authorities of each of
the two States.
6. The competent authorities of each of the two States shall
exchange information on the condition of the frontier marks with
a view to finding the best ways and means of protecting and
maintaining them.
7. The two Contracting Parties undertake to take all necessary
steps to protect the frontier marks and prosecute individuals who
have moved, damaged or destroyed them.
Article 6
The two Contracting Parties have agreed that the provisions of
this Protocol, signed without any reservation, shall henceforth
govern any matter relating to the frontier between Iran and Iraq.
On these basis, they solemnly undertake to respect their common
and definitive frontier.
Done at Baghdad, on 26 December, 1975
(Signed) (Signed)
Abbas Ali Khalatbary Saadoon Hammadi
Minister of Foreign Affairs Minister of Foreign Affairs
of Iran of Iraq
Signed in the presence of His Excellency Abdel-Aziz Bouteflike,
Member of the Council of the Revolution, Minister for Foreign
Affairs of Algiera.
Record
In connection with the
description of the Iranian-Iraqi land frontier annexed to the
Protocol concerning the redemarcation of the land frontier
between Iran and Iraq, of 13 June 1975, the undersigned
representatives of Iran and Iraq, duly empowered, have reached
agreement on the following arrangements:
1. With regard to the description of the course of the frontier
between mark No. 101 and Mark No. 101/1, it has been agreed that
the frontier line shall run between two springs bearing the same
name "Chiftekan".
Accordingly, the description set out in Annex 1 to the Protocol
concerning the redemarcation of the land frontier, which reads:
"It shall go in a straight line to a point situated between
two springs bearing the same name "Chiftekan", whence
it shall ascend in a straight line to the crest of Sour Kuh
mountain",
signifies that the frontier line shall run between the two
springs, which lie approximately 5 metres apart.
The existing arrangements for sharing the waters of the two
springs (12 hours for Iran and 12 hours for Iraq in any 24 hours
period) shall continue to apply.
The representatives of the two Parties deem it desirable to erect
one or two additional marks between mark No. 101 and mark No.
101/1, in order to delineate more clearly the course of the
frontier.
2. The description of the frontier between mark No. 81 and mark
No. 82 set out in Annex 1 to the Protocol concerning the
redemarcation of the land frontier between Iran and Iraq, which
reads:
"It shall then climb the Dere-i Tekkiyeh ravine, skirting
the orchards situated therein in such a way as to leave them in
Persian territory. From the point where these orchards end, it
shall follow the Thalweg of the ravine..."
specifically provides that the frontier shall skirt all existing
orchards, thus, leaving them in Iranian territory. The
representatives of the two Parties have agreed on the creation of
six additional marks in order to delineate more clearly the
course of the frontier.
3. The erection of the additional marks referred to in paragraphs
1 and 2 above shall be effected in situ by the duly authorized
representatives of the two countries. The marks shall be
constructed as soon as weather conditions permit.
DONE at Baghdad, on 26 December, 1975.
For Iran: For Iraq:
(Signed) (Signed)
General Ebrahim Khalvati Alladin Al-Sakkal
Protocol concerning the
derimitation 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 1
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 the board of 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 1 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 require 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 Contacting Parties have agreed to consider that the
river frontier shall end at the straight line connecting the two
banks of the Shatt-al-Arab, as 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 Article 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 sources of controversy, the two
Contracting Powers shall established a Mixed Iraqi-Iranian
Commission to settle, within two months, any questions concerning
the status of landed property, constructions, 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-years period.
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-al-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
cannels 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 foreign
warships visiting its ports to enter the Shatt-al-Arab, provided
that 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 that 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
principles 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 question referred to in paragraph 1 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) (Signed)
Abbas Ali Khalatbary Saadoun Hamadi
Minister for Foreign Affairs Minister for Foreign Affairs
of Iran of Iraq
Signed in the presence of His Excellency Abdel Aziz Bouteflike,
Member of the Council of the Revolution and Minister for Foreign
Affairs of Algeria.
Protocol concerning
Security on the Frontier between Iran and Iraq
In accordance with the decisions
contained in the Algiers Agreement of 6 March 1975,
Anxious to re-establish mutual security and trust throughout the
length of their common frontier,
Resolved to exercise strict and effective control over the
frontier in order to put an end to any infiltration of a
subversive nature, and, to that end, to establish close
cooperation between themselves and to prevent any infiltration or
illegal movement across their common frontier for the purpose of
causing subversion, insubordination or rebellion,
Referring to the Teheran Protocol of 15 March 1975, the record of
the meeting of Ministers for Foreign Affairs, signed at Baghdad
on 20 April 1975, and the record of the meeting of the Ministers
for Foreign Affairs, signed at Algiers on 20 May 1975.
The two Contracting Parties have agreed as follows:
Article 1
1. The two Contracting Parties shall exchange information of any
movement by subversive elements who may attempt to infiltrate one
of the two countries with a view to committing acts of
subversion, insubordination or rebellion.
2. The two Contracting Parties shall take the necessary measures
with regard to the movements of the elements referred to in
paragraph 1 above.
The same steps shall be taken with regard to any persons who may
assemble within the territory of one of the two Contracting
Parties with the intention of committing acts of subversion or
sabotage in the territory of the other Party.
Article 2
The many forms of co-operation established between the competent
authorities of the two Contracting Parties relating to the
closing of frontiers to prevent infiltration by subversive
elements shall be instituted by the frontier authorities of the
two countries and shall be pursued up to the highest levels in
the Ministries of Defence, Foreign Affairs and the Interior of
each of the two Parties.
Article 3
The infiltration points likely to be used by subversive elements
are as follows:
Northern Frontier Zone
From the point of intersection of the Iranian, Turkish and Iraqi
frontiers to (and including) Khanaqin-Qasr-e Shirin: 21 points.
Southern Frontier Zone
From (but not including) Khanaqin-Qasr-e Shirin to the end of the
Iranian-Iraqi frontier: 17 points.
The above infiltration points are named in the annex.
The points specified above shall be supplemented by any
infiltration point which may be discovered and will have to be
closed and controlled.
5. All frontier crossing points except those currently controlled
by the customs authorities shall be closed.
6.In the interests of promoting relations of all kinds between
the two neighbouring countries, the two Contracting Parties have
agreed that, in future, other crossing points controlled by the
customs authorities shall be created by common consent.
Article 4
1. The two Contracting Parties undertake to provide the necessary
human and material resources to ensure the effective closure and
control of their frontiers, so as to prevent any infiltration by
subversive elements through the crossing points mentioned in
Article 3 above.
2. If, in the light of experience gained in this matter, experts
should decide that more effective measures must be taken, the
corresponding procedures shall be established at monthly meetings
of the frontier authorities of the two countries, or at meetings
between those authorities should the need arise.
The conclusions and records of such meetings shall be
communicated to the higher authorities of each of the two
Parties. Should there be disagreement between the frontier
authorities, the heads of the administrations concerned shall
meet in either Baghdad or Teheran to reconcile the points of view
and draw up a record of the outcome of their meetings.
Article 5
1. Any subversive persons who may be arrested shall be handed
over to the competent authorities of the Party in whose territory
they were arrested and shall be subject to the legislation in
force.
2. The two Contracting Parties shall inform one another of the
measures taken against persons referred to in paragraph 1 above.
3. Should subversive persons cross the frontier in an attempt to
escape, the authorities of the other country shall be informed
immediately and shall take all necessary steps to apprehend such
persons.
Article 6
In case of need where the two Contracting Parties so agree, entry
to certain areas may be declared prohibited in order to prevent
subversive persons from carrying out the intentions.
Article 7
In order to establish and promote co-operation which is mutually
beneficial to both Parties, a permanent Mixed Committee
comprising the heads of the frontier authorities and
representatives of the Ministers for Foreign Affairs to the two
countries shall be established and shall hold two sessions a year
(at the beginning of each half of the calendar year).
At the request of one of the Parties, however, special meetings
may be held to consider how intellectual and material resources
might be better used for the closure and control of the frontiers
and to review the effectiveness and proper implementation of the
basic provisions governing co-operation as provided for in this
Protocol.
Article 8
The provisions of this Protocol relating to the closure and
control of the frontier shall be without prejudice to the
provisions of specific agreements between Iran and Iraq
concerning grazing rights and frontier commissioners.
Article 9
With a view to guaranteeing the security of the common river
frontier in the Shatt-al-Arab and preventing the infiltration of
subversive elements from either side, the two Contracting Parties
shall take such appropriate steps as the installation of look-out
posts and the detachment of patrol boats.
DONE at Baghdad, on 13 June 1975
(Signed) (Signed)
Abbas Ali Khalatbary Saadoun Hammadi
Minister for Foreign Affairs Minister for Foreign Affairs
of Iran of Iraq
Signed in the presence of H. E. Abdel Aziz Bouteflike, Minister
for Foreign Affairs of Algeria.
