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The Search for World Peace |
|1|Traduction. — Translation.
No. 4402. — Treaty |2| of Non-aggression Betwveen the Kingdom of Afghanistan, the Kingdom of Iraq, the Empire of Iran and the Republic of Turkey. Signed at Teheran, July 8th, 1937.
French official text communicated by the Minister for Foreign Affairs of Iran. The registration of this Treaty took place July 19th, 1938.
PREAMBLE. HIS IMPERIAL MAJESTY THE SHAHINSHAH OF IRAN,
HIS MAJESTY THE KING OF AFGHANISTAN,
HIS MAJESTY THE KING OF IRAQ,
THE PRESIDENT OF THE REPUBLIC OF TURKEY;Being desirous of contributing by every means in their power to the maintenance of friendly and harmonious relations between them;
Actuated by the common purpose of ensuring peace and security in the Near East by means of additional guarantees within the framework of the Covenant of the League of Nations, and of thus contributing to general peace; and
Deeply conscious of their obligations under the Treaty |3| for Renunciation of War, signed at Paris on August 27th, 1928, and of the other treaties to which they are parties, all of which are in harmony with the Covenant of the League of Nations and the Treaty for Renunciation of War;
Have decided to conclude the present Treaty and have for that purpose appointed:
HIS IMPERIAL MAJESTY THE SHAHINSHAH OF IRAN:
His Excellency Monsieur Enayatollah SAMIY, Minister for Foreign Affairs of Iran;
HIS MAJESTY THE KING OF AFGHANISTAN:
His Excellency Monsieur FAIZ MOHAMMAD Khan, Minister for Foreign Affairs of Afghanistan;
HIS MAJESTY THE KING OF IRAQ:
His Excellency Dr. NADJI-AL-ASIL, Minister for Foreign Affairs of Iraq;
THE PRESIDENT OF THE REPUBLIC OF TURKEY:
His Excellency Dr. Tevfik RUSTU ARAs, Minister for Foreign Affairs of Turkey;
Who, having exchanged their full powers, found in good and due form, have agreed upon the following provisions:
Article 1. The High Contracting Parties undertake to pursue a policy of complete abstention from any interference in each other's internal affairs.
Article 2. The High Contracting Parties expressly undertake to respect the inviolability of their common frontiers.
Article 3. The High Contracting Parties agree to consult together in all international disputes affecting their common interests.
Article 4. Each of the High Contracting Parties undertakes in no event to resort, whether singly or jointly with one or more third Powers, to any act of aggression directed against any other of the Contracting Parties.
The following shall be deemed to be acts of aggression:
1. Declaration of war ;
2. Invasion by the armed forces of one State, with or without a declaration of war, of the territory of another State;
3. An attack by the land, naval or air forces of one State, with or without a declaration of war, on the territory, vessels or aircraft of another State;
4. Directly or indirectly aiding or assisting an aggressor.The following shall not constitute acts of aggression:
1. The exercise of the right of legitimate self-defence, that is to say, resistance to an act of aggression as defined above;
2. Action under Article 16 of the Covenant of the League of Nations;
3. Action in pursuance of a decision of the Assembly or Council of the League of Nations, or under Article 15, paragraph 7, of the Covenant of the League of Nations, provided always that in the latter case such action is directed against the State which was the first to attack;
4. Action to assist a State subjected to attack, invasion or recourse to war by another of the High Contracting Parties, in violation of the Treaty for Renunciation of War signed in Paris on August 27th, 1928.Article 5. Should one of the High Contracting Parties consider that a breach of Article 4 of the present Treaty has been or is about to be committed, he shall at once bring the matter before the Council of the League of Nations.
The foregoing provision shall not affect the right of such High Contracting Party to take any steps which, in the circumstances, he may deem necessary.
Article 6. Should one of the High Contracting Parties commit an aggression against a third Power, any other High Contracting Party may denounce the present Treaty, without notice, as towards the aggressor.
Article 7. Each of the High Contracting Parties undertakes to prevent, within his respective frontiers, the formation or activities of armed bands, associations or organisations to subvert the established institutions, or disturb the order or security of any part, whether situated on the frontier or elsewhere, of the territory of another Party, or to change the constitutional system of such other Party.
Article 8. The High Contracting Parties, having already recognised, in the General Treaty for Renunciation of War of August 27th, 1928, that the settlement or solution of all disputes or conflicts, whatever their nature or origin, which may arise among them, shall never be sought by other than pacific means, reaffirm that principle and undertake to rely upon such modes of procedure as have been or shall be established between the High Contracting Parties in that respect.
Article 9. No Articles of the present Treaty shall be considered as in any way diminishing the obligations assumed by each of the High Contracting Parties under the Covenant of the League of Nations.
Article 10. The present Treaty, drawn up in the French language and signed in quadruplicate, one copy having, as they severally recognise, been delivered to each of the High Contracting Parties, is concluded for a period of five years.
On the expiry of that period, and failing its denunciation, with six months' notice, by one of the High Contracting Parties, the Treaty shall be deemed to be renewed for successive periods of five years, until its denunciation with six months' notice by one or more of the High Contracting Parties. On its denunciation as towards one of the Parties, the Treaty shall nevertheless remain in force as between the others.
The present Treaty shall be ratified by each of the High Contracting Parties in accordance with its Constitution, and registered at the League of Nations by the Secretary-General, who shall be requested to bring it to the knowledge of the other Members of the League.
The instruments of ratification shall be deposited by each of the High Contracting Parties with the Iranian Government.
On the deposit of instruments of ratification by two of the High Contracting Parties, the present Treaty shall at once come into force as between those two Parties. It shall come into force as regards the third and fourth Parties respectively on the deposit of their instruments of ratification.
On the deposit of each instrument of ratification, the Government of Iran shall immediately notify all the signatories of the present Treaty.
Done at the Palace of Saad-Abad (Teheran), on the eighth day of July, one thousand nine hundred and thirty-seven.
Enayatollah SAMIY,
Minister for Foreign Affairs
of Iran.FAIZ MOHAMMAD Khan,
Minister for Foreign Affairs
of Afghanistan.
Dr. NADJI-AL-ASIL,
Minister for Foreign Affairs
of Iraq.
Dr. Tevfik RUSTU ARAS,
Minister for Foreign Affairs
of Turkey.
Notes:
1. Traduit par le Secrétariat de la Société des Nations, à titre d'information.
Translated by the Secretariat of the League of Nations, for information. [Back]2. The ratifications were deposited at Teheran, June 25th, 1938. [Back]
3. Vol. XCIV, page 57 ; Vol. CXXXIV, page 411; Vol. CLII, page 298; and Vol. CLX, page 354, of this Series. [Back]
Source: League of Nations, Treaty of Non-Agression between the Kingdom of Afghanistan, the Kingdom of Iraq, the Empire of Iran and the Republic of Turkey, signed at Teheran on July 8th, 1937, League of Nations Treaty Series No. 4402, 1938, pp. 23-27.
Editorial Note: This is a true copy of the above-referenced original document. This document is reproduced in Benjamin B. Ferencz's work "Defining International Aggression - The Search for World Peace", Vol. 1, as Document No. 15.
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