740.0011 EW 1939/26512: Telegram

The Minister Resident in Iraq ( Wilson ) to the Secretary of State

290. 1. Lieutenant General Andrews10 and General Connolly11 paid brief visit to Baghdad Saturday and discussed with me their apprehensions concerning present lack tribunal jurisdiction of army in cases involving uniformed and civilian American personnel of War Department who commit offenses against Iraqi citizens.

2. My understanding is that in the absence of a treaty with specific provisions such cases will come before Iraqi courts but that in the event the Iraqi Government declares war and signs the United Nations pact12 (my telegrams 277 November 18, 6 p.m., and 281 November 24, 2 p.m.13) thus becoming an ally our forces without more ado [Page 640] automatically would enjoy all privileges, immunities et cetera to which British forces are entitled under the Anglo-Iraqi treaty of Alliance.14

3. I would greatly appreciate Department’s comment on the above with special regard to procedure to follow in the event the Iraq Government does not decide upon a declaration of war.

  1. Lt. Gen. Frank M. Andrews, Commanding General, U.S. Army Forces in the Middle East.
  2. Maj. Gen. Donald H. Connolly, Commanding General, Persian Gulf Service Command.
  3. The United Nations Declaration, signed January 1, 1942, Foreign Relations, 1942, vol. i, p. 25.
  4. Neither printed.
  5. Signed at Baghdad, June 30, 1930, British and Foreign State Papers, vol. cxxxii, p. 280.