Page:United States Statutes at Large Volume 47 Part 2.djvu/236

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184:! COSVENTION-AMERICAN RIGHTS IN IRAQ. JAN . 9, 1930. (c.) (d.) (e.) (t.) The right voluntarily to enlist inhabitants of Iraq under the Army and Air Force Acts or otherwise, it be~ un· derstood that the Iraq Government undertakes for its part when called upon by the Air Officer Commanding or any person authonsed by him in that behalf, to give all the assistance n~ry to effect such enlistment and to remove as far as possible causes tending to prevent such enlistment. Immunity from arrest, search, imfrisonment or trial by the civil power in Iraq in respect 0 criminal offences for all enrolled and enlisted members of the said forces: pro- vided that inhabitants of Iraq being members of such forces shall be ordinarily subject to the jurisdiction of the Iraq Courts and shall only enjoy such immunity in res~t of acts certified by the High Commissioner or the Air Officer Commanding to be done in the performance of military or other official duties. Nothing in this sub- clause shall prevent the forcible detention by the civil power of any member of the said forces who has just committed, or is in the act of committing an offence which involves danger to life. If the member so arrested is not an inhabitant of Iraq, he shall be forthwith handed over to the Air Force or Military authorities. Immunity from civil process In respect of any act done or omission or default made in good faith by any member of such forces when acting in performance of hiS military or official duties; the certificate of the High Commissioner or Air Officer Commanding that an act or omission or default was done or made in good faith in ~rformance of such duties to be conclusive. The immumty provided by this 5ub-clause shall not debar persons who have incurred material damage on account of the said acts or omissions or defaults from claiming compensation otherwise than by civil process. All such immunities and privileges in respect of civil pro- cess as are granted by the Air Force Act, the Army Act and the IndIan Army Act to persons subject to such Acts, and immunity from imprisonment on the order of a Civil Court in respect of any civil action tried by such court. ARTICLE 11. The Iraq Government undertake to introduce legislation pro- viding for the arrest and punishment of any person who is acting or conspIring in such a way as to endanger or obstruct the said armed forces or attempting or conspiring to cause mutiny or disaffection among the said forces, or to bring the said forces into hatred or contempt, and to take action according to law against any person who is certified by the High Commissioner to be to the beSt of his belief so acting, attempting or conspiring, and in the case of persons of other than Iraq natIonality so acting, attempting or conspiring or ~ing likely so to act, attempt or conspire, to take such preventive steps according to law as the High Commissioner may consider desirable and practicable. ARTICLE 12. The Iraq Government agree that, in the event of the said forces undertaking military operations in Iraq for the purpose of assisting the Iraq Government to repel external aggression or to suppress civil commotion, the King of Iraq will, on the request of the High Com-