Memorial of the Government of the State of Bahrain

Document Number
7055
Document Type
Date of the Document
Document File
Document

INTERNATIONAL COURT OFJUSTICE

CASE CONCERNING MARITIME DELIMITATION

AND TERRITORIAL QUESTIONS

BETWEEN

QATAR AND BAHRAIN

(QATARv.BAHRAIN)

MEMORLAL

THE STATE OF BAHRAIN

(Merits)

VOLUME 1

30 September 1996 CONTENTS

CHAPTER 1

INTRODUCTION

Section 1.1 Outline ofthe Mernorial ........................................1............

Section 1.2 Sumrnarygeographicaldescription ofthe region .................2.........

Section 1.3 Thecore ofBahrain'sposition ...................................3.'............

A . Theterritorial questions........................................3................

B . Themaritimedelimitation ......................................4..................

Section 1.4 Summaryof Bahrain'sterritorial claims ...................................

A . Evolution ofthe Statesof Bahrain and Qatar .....................4.......

B . Bahrain'sclaims ...............................................8......
.......

TheZubarahregion ......................................8..........
(1)
(II) TheHawarIslands ......................................13.............

Section 1.5 Expandedgeographicaldescription ............................1.5...............

A . Bahrain .......................................................
..............

3 . Qatar ..................S.............*...................2.....

THEUESTIONS
PART 1 .

CHAPTER2
BAHRAIN'S SOVEREIGNTY OVERTHE ZUBARAHREGION

Section 2.1 Thegeographicalextent of the Zubarahregion claimed
by Bahrainis based on the tribal territoryinhabited by
theNaimtribe. who recognised theauthority of the
Ruler ofBahrain ..............................................7.......
....

A.
TheNaimtribe and its relationship with Bahrain ...............2.....

B . Thetribal dirahof the Al-Jabrsection ofthe
Naim tribe....................................................3...
............Section2.2 The Rulersof Bahrainexercised authority throughout
the entireQatar peninsuladuring the period 1762-1872 ..........42..

Section2.3 The Al-Thanifmily emerged from beinglocaltax

collectorsto being chiefs ofDohaTownunder the
authority ofBahrainin 1867 ..................................................

Section 2.4 Britain'sinfluenceinthe regionwasbasedon protecting
trade andkeepingthe maritimepeace...............................6........

Section 2.5 The OteomanEmpireexpandedinto the south-eastofthe
Qatar peninsuIathroughthe Al-Thanichiefsof Doha
Town in 1871 ..................................................3.........
.......

Section2.6 The OttomanEmpire'sauthorityin the Qatarpeninsulanever

expandedbeyondDoha Townand its environs ..................69........

Section2.7 The Ottoman Empireandthe Al-Thaniwererebuffedin six
attemptsto exerciseauthorityoverthe ZubarahRegion
(1874, 1878,1888, 1891, 1895 and 1903) .......................74...........

Section 2.8 The Ottoman Empire'sinfluencein the region declined
fiom 1905andthe OttomanEmpirefinallywithdrew
fromthe Provinceof Qatarin 1915................................83............

Section2.9 Bahrain continuedto exercise authorityoverthe Zubarah

regionduringthe Ottoman periodof 1871-1915 .................6....

Section2.10 The chiefof DohaTownand Britain signedthe 1916
Treatyandthe Stateof Qatar slowlyemergedthereder .........94.

Section2.11 Bahraincontinuedto exerciseauthorityover the Zubarah
regionduring the periodof 1916-1937 ..........................97........

Section2.12 BritishandUnited Statesoil companiesbeganto compete
for oil concessionsin Bahrainand Qatarduringtheperiod

1933-1936 ...................................................10......
..........

Section 2.13 Qatarlaunchedan med attackon theZubarahregion
in 1937 .......................................................0.
...............

Section2.14 The disputeoverthe Zubarah regionhasbeen continuous
since 1937 ....................................................2.......
.......... CHAPTER 3
BAHRAJN'SSOVEREIGNTYOVERTHEHAWARISLANDS

Section 3.1 Geographicaldescriptionofthe HawarIslands ...................1....

Section 3.2 Summaryofthe basis of Bahrain'stitleto the Hawar
Islands156

Section3.3 Bahrain'ssovereigntyoverthe HawarIslandshasbeen
resjudicata sincethe British adjudicationof 1938-1939 ...........60

Introduction.... ...................................,....................160

Theprobative implications of Qatar'sclaimsin the adjudication165

(i) TheRuIerof Qatarmadehis claimwithoutknowing
either the locationor eventheidentityof the
HawarIslands .............................. . . ... . .,165
TheRulerof Qatar'sobviousfinancialand economic
(ii)
motivesunderminedthe credibilityof his claim ...........169
(iii) TheRulerof Qatar's clairn wasalsomade to alleviate
domesticproblems.. ........................... ...............172
Theadjudicationwas formal,legitimateand
comprehensive.. ........................................... ......... 173

Janaa nndHaddJanai nslands were included within
the arnbitofthe Britishadjudication ..................................1...

Section3.4 The Stateof Qatar was createdat a greatdistancehm the
HawarIslands and its RulingFamilyhadnever exercised
authoritythere ............................. . ...... . . . . .. . .. 182

Section3.5 TheRuIerofBahrain's authority overthe Hawar Islands
duringthe centuryprecedingBritain'srecognitionof Qatar
in the 1916Treatyis welIdocurnented .............................185

Section3.6 Evidenceof Bahrain'sauthorityoverthe Hawar Islands

since 1916is overwhelming.. ....................................... 195

Fishing ...............................................................9.
.........

Animalhusbandry ...................................................201

Gypsumquanying ......................................................2...

Pagc III E. Additional evidenceofthe permanent natureof the settlement.. 205

F. Otheractsof administrationor examplesof the
authorityof Bahrain ...............................................209

G. The exerciseof courtjurisdiction and other legal
procedures .................................... ......................214

Surveysofthe HawarIslands..............................................2 17
H.
Constructionby the Governmentof Bahrain onthe
1. '
Hawar Islands. ......................................................2 17

Section3.7 Bahrainhascontinuedto exercise authority in the Hawar
Islandsfrorn 1939until today ..................................,,,21.8.........

Section 3.8 Qatar's resuscitation ofits claim to the Hawar Islandsafter
a hiatusof 19yearswasa tacticto counterBaivain's
persistencein seeking the restorationof its rights to the
Zubarah region ...............................................................

CHAPTER 4
APPLICABLE LAW

Section4.1 Title is dependentuponpossession ................................2......

Section4.2 Unlawfulpossessioncannotcreatetitle save in the caseof
prescription .........................................................2..6....
.......

Section4.3 Possession overridesproximity .....,.............................2..9...

Possessionthroughthe exerciseof effectivepersona1
Section4.4
jurisdiction in areasof low habitability ...........................2.3...

Section4.5 Resjudicata. .........................................................234

Section 4.4 Proposals madeinnegotiationsfor thesettlementofa dispute
cannotbe invokedby one party againstthe other in subsequent
legal proceedings ....................................................36............ CHAPTER5

APPLICATIONOFTHELAW TO THEFACTS

Section5.1 Qatarhasneveracquiredlawfultitle to Zubarahwhich
thereforeremainsunder Bahraini sovereignty ...................3....

Section5.2 Qatar isunableto challengeBahrain'swell-established
sovereigntyoverthe HawarIslands ............................................

PART II . THEMARITIMEDELIMITATION

CHAPTER 6
BAHRAIN'SMARITIME BOUNDARY

Section6.1 Thesouthemsector ...........................................2..............

A . Characteristics................................................2.8.......
....

(i) Bahrain'shistoricalexerciseof sovereigntyandpolitical
control overthe areasbetweenits mainisland and the
Qatarpeninsula .........................................2............
(ii) Contemporarysocio-economiclinksbetween
Bahrain'smain islandandthe maritimefeatures
betweenit andthe Qatar peninsula ......................258...........

(iii) The uniquecharacterof the area to be delimited.........26.2
B . Themaritimeboundaryinthe southemsector .................26.....

(i) Determiningthe pointsthat generatethe medianline ....266
Theresultantmedian linerequiresneither adjustment
(ii)
nor shifing in orderto arriveatan equitableresult ......2.71

Section6.2 Thenorthem sector ..........................................2.............

A . Characteristics...............................................2........
....

B, Bahrain'spearlingbanks ....................................2............

(i) Thenatureofthe Ruler of Bahraintsrights .................5.
(ii) Theexerciseofjurisdiction and control overthe
peatlingbanksby Bahrain .................................6......
(iii) Thelocationof Bahraintspearlingbanks ................2..... Themaritimeboundaryinthe northern sector .......................
C.

Section6.3 Bahrain'salternativeclaim .......................................285................

A . Archipelagicbaselines................................................8.........2

(i) Bahrainis anarchipelagicState ...........................289..........
(ii) The islandscomprisingBahrainare an archipelago .......289
(iii) TheBahrainarchipelagois anintrinsicgeographical
entity ......................................................
...........2

(iv) The Bahrainarchipelagois an intrinsiceconomic
entity ..................................................9...
...........2
(v) TheBahrain archipelagois an intrinsicpolitical entity ....293
(vi) Historicalevidence ofthe existenceofthe Bahtain
archipelagoas an intrinsicgeographical,economic
andpoliticalentity .........................................294.................
(vii) Theratio of theareaof waterto the area of landfalls

between 1 :1and 9: 1........................................295................
(viii) Thebaselinesdo not departto any appreciableextent
fiom the generalconfigurationofthe archipelago .........95
(ix) No baseline exceeds 100 miles ............................2........
(x) Thebaselinesdonot cut offthe territorialsea of
Qatar fromthe High Seasor the ExclusiveEconomic

Zone ......................................................
.................
(xi) Any legitimateandtraditionalrights ofpassage
exercisedby Qatar betweenthe coasts of Qatarsouth
ofBahrain'sarchipelagicwaters andthe Gulf will
continue .......................................................
........2

B . Normalbaselines .................................................29...............
.

C . Thealternativemaritimeboundary ..............................298............

(i) The southemsector.....................................................2
(ii) Thenorthem sector...............................................0.......3 APPENDICES

1. List of PeopleReferredto in Memorial

(withreferences to paragraphsin which they arementioned) .........303..

2. Ruling Farnilies.......................................................09
...........

(i) Rulers ofBahrain ................................................9.........
.
(ii) Chiefs of Doha1Rulers of Qatar ................................................

3. BritishPoliticalResidentsandAgents inThe Arabian Gulf ............11.

(il PoliticalResidents.Bushire. 1822-1960 .........................11.....
(ii) PoliticalAgents.Bahrain. 1900-1960 .........................................
(iii) PoliticalAgents/OfficersQatar. 1949-1960 .....................1.....

4. AdmimsirativeStructures ..............................................15.........

(i) OttomanEmpire .................................................15........
.
British Empire administrationin BahraidQatar Peninsula
(ii)
until IndependenceofIndia. 1947 ...............................16.....
(iii) British Empireadministrationin BahradQatar Peninsula
afier Independenceof India. 1947 ..............................3........

5 . Chronology oftheBritish 1938-1939 Adjudication ..................3.8...

6. List ofHistoricalMaps intheMernorial ..............................32.......

7 . List ofDocumentaryAnnexes(includingillustrativemaps)...............322 CHAPTER1

INTRODUCTION

This Memorial of the Govemment of the State of Bahrain (hereinafter

"Bahrain") is filedpursuant to the Order of the Court of 1 February

1996.

SECTION1.1 Outline of the Memorial

1. The introductow Chapter 1begins with a summarygeographical

descriptionof the region involved in the dispute. This is foIlowed by a

concise statement of Bahrain's position. Chapter1 concludes with an

overaIl description of Bahrain's territorial clairn, as well as a fùller

expositionofthe geographyof the Parties.

2. Part One then examines the major aspects of the territorial

dispute between the Parties, narnely sovereignty over the region of

Zubarah and overthe Hawar Islands.This case depends largely uponits

facts and to a much lesser degree upon differences regarding the

applicable law. Forthat reason thefactual substanceof Bahrain'scase is

presented first.

3. The history of the political evolutionof the two Parties is a key

to this case.In particular,it is important to understandthat the extension

of the power of the State of Qatar (hereinafter "Qatar")over what has

corneto be knownas the Qatarpeninsula is recent, and thatit was both

gradua1 and incomplete. Since the modern State of Bahrain had itsgenesisin Zubarah, this history is setout initially in Chapter 2 relating to

Zubarah, but muchof it also applies ta the Hawar Islands as wiIlbe seen

in Chapter 3. The Mernorial will seek taavoid unnecessary repetition of

this history, but in so far as it occurs, Bahrain asks the Court's

indulgence.

4. The subsequent discussion of law in Chapters 4 and 5 is,in the

circumstances and at this stage ofthe case, relatively brief.

5. Par iwo setsout Bahrain'scase on themaritime boundary.

SECTION 1.2 Summary GeooraphicalDescription of theRegion

6. Map 1 of Volume 7 shows the Gulf of Arabia, from its north-

western end, atthe mouth of the Shatt al Arab,to its easternend north of

Oman.Bahrain and Qatar are located approximately in the centre of the

southem coast of the Gulf.

7. Map 2 of Volume 7 shows the features thatbear directly on the

present case. On the south-eastern side is the Qatar peninsula. On the

north-western side is the main island of Bahrain.The Hawar Islands are

located to the south-east of the main island of Bahrain, off the middle

section of the western coast of the Qatar peninsula. On the west side of

the Qatar peninsula is the Zubarah region, extending £romUmm EI Ma

in the south to Al Arish in the north, and show in greater detail on Map

5 in Volume 7. North of the Qatar peninsula and north-east of the main

isiand of Bahrain is the area of the Bahrainpearling banks, as show on

Map 9 in Volume 7.

8. The mainland to the west and south ofthe main island of Bahrain

andto the south of the Qatar peninsuia forms part of Saudi Arabia. The

mainland onthe northern shore of the Gulfof Arabia is Iran.Bahrain will show that it has continuously exercised more than the

contextually appropriatelevel of occupation and administrationrequired

by international law in the Hawar Islands, while Qatar has exercised

none. Indeed, in the critical period, the record shows that Qatwas

ignorantof the Islands' location.

B. The maritime delimitation

12. Bahrain proposes a maritime delimitation achieved by the

construction of a median line upon the baselines of the territories

appertainingto the two States.

SECTION 1.4 1

A. Evolutionofthe States of Bahrain andOatar

13. Prior to 1971, both Bahrain and Qatar were British Protected

States; that is, Britain responsible for their international protection

and for the conduct of their foreign affairs. That reiationship was

brought toan endby ExchangesofNotes concludedbetweenBritain and

Bahrain on 15 August 1971, and between Britain and Qatar on 3

September 1971.The two States accordingly assumed full international

responsibility for the conduct of their foreign affairs, and became

Members of the United Nations and Parties to the Statute of the

InternationalCourtof Justice on21September 1971.

14. Bahrain however had emerged as a political entity at a much

earlierperiod thanQatar.

15. Because of its water supply from natural springs Bahrain has

been populated for at least 5,000 years. The Qatar peninsula, on the

other hand, is arid; with the exception of Zubarah (lasting onayfewdecades),there is Iittleevidenceof any population there untilthe 1800s,

and even then its few, small and isolated settlements were largeiy

populatedby fishennen andpearldiverson a seasond basis.

16. Through its ruling family, the Al-Khalifa, the political entity of

Bahrain in the 18thCenturyinitially established authorityand control in

what ishown geographicallyas the "Qatar"peninsula. Thatname was

not then used to referto the peninsula as a whole. Thus, for exarnple,a

1838 French map drawn up by a Colonel Lapie, reproduced opposite,

recognised Bahraini dominance over the peninsula by the simple word

"Bahrein"written in capitd letters across the entire territory of what is

today Qatar. The Al-Khalifa rule was subsequently extended overthe

entire Bahrain archipelago.This archipelago comprisesthe main island

of Bahrain, its many immediately fiinging islands, the Hawar Islands

(which appearon ColonelLapie'smapas the "IslesOuardens",a French

adaptation of the then-used English narne "Warden's Islands") and

certain small islands, isIets and low-tide elevations in the Gulf of

Bahrain.

17. In addition, al1 the waters lying within the archipelago and,

particularly, between the main island of Bahrain to the Westand the

Zubarah Coastand the Hawar Islands to the east were andare so closely

linked with the land domain of Bahrain as to have been subject tothe

sameauthorityandcontrol.

18. Reference to the "Qatar" peninsula is, it rnust be emphasised,

only to a geographical feature.The fact that this peninsula has in the

most recent times corne to be equated with the territory of the late

emerging politicalentityof Qatardoes not by itself establish the title or

sovereignty of Qatar over the whale of that peninsula. In relation to

Zubarah, Qatar simply cannot demonstrateany lawful dominion at anytirne;as for the Hawar Islands, theyhave always and in al1ways been

foreign territoryin relationto the Stateof Qatar.

19. The Al-Khalifa familycamefrom Kuwaitto Zubarah in the early

18thCentury and fimly establishedtheir authoritythereuntil they were

forcibly expelled in 1937. During the 19th Century, that authority

extended also throughout the Qatar peninsula, especially its north

western part,and over the tribes living there. In 1783, the Ai-Khalifa

expelledthe Persians from the main island of Bahrain and took control.

They moved their central seat of govemment there fkom Zubarah in

1796.'They developedtheir authority and contxolthere, as well as in the

HawarIslands, whilecontinuingto rule the muchdiminished population

of the Zubarahregion.

20. In al1this activity, the Al-Khalifa fmily, or "Bahrain" as one

may thereafter properly call the deveioping political entity, met no

opposition from any authority whatsoeverin the Qatar peninsula. There

was no indigenouspolitical entity in that peninsula. No entity claiming

to callitself "Qatar"emergeduntil late in the 19thCentury. Even then its

geographical authoritywas limitedto Doha, the srnall settlementon the

eastern Coastof the peninsula. The State of Bahrain existed and was

recognised as a sovereign entity in the early 19th Century. In 1820,

Britain andBahrain concluded a Treaty by which Bahrain became a

party to the Treaty of Peace betweenBritain and the Sheikhs of Ras al-

~haimah.~The Sheikhs of Ras al-Khaimah had been crushed by three

naval expeditions before they signed this Treaty of Peace, the airn of

1 A. Montigny-KozlowskaE , volution d'unerouve bkdouin dans un wavs

producteurde pétroleles Al Naim de Oatar,(Pari1985 PhD thesis), 53,
Ann.229,Vol. 4, p. 983.
2
Aitchison, Treaties. Eneapements and Sanads relating to India and
Neighbourin~Gountries,(1933)Vol. XI,p.233, Ann. 1,Vol.2,p.2.which was the prevention of piracy in the Gulf. According to one

commentator, Bahrain was made a party to this treaty notbecause the

Al-Khalifapractised piracy,but because Bahrain was a marketplace for

plundered good~.~ This was followedby fürther treaties betweenBritain

and Bahrain in 1856 and 1861.During this time, the authority of the

Rulers of Bahtain was acknowledged and exercised thoughout the

islands of Bahrain, including the Hawar Islands, and in the Qatar

peninsula. Bahrain continued to exercise authority over the Qatar

peninsula's tiny population of scattered tribes until 1871, when the

Ottoman Empiretook controlof the area around DohaTown (referredto

as the "kaza"or provinceof "Qatar").

21. It wasin thisperiod(specifically1878)that a CaptainIzzet of the

Ottoman Amy prepared a primitive but highly instructive map of the

region,reproducedafterpage 6,whichonthe one hand showsthe Hawar

Islandsas a part of Bahrainandon the otherhandclearly locates "Qatar"

as aplace inthe far south-eastcornerofthe peninsula.

22. After 1871, the Al-Thani chiefs of Doha attempted to use the

Ottomans, to whom they were subservient, to help them expand their

influence over the peninsula beyond what the Ottomans called the

provinceof "Qatar".Theauthority of the Rulers ofBahrainrecededfrom

Doha, but remainedintact intea lia in the Zubarahregion. Attempts by

the Ottomansand the Al-Thani to establish authority in Zubarah were

consistentlyresisted.

23. The Ottoman Empirewithdrew fromthe province of "Qatar" in

1915. In 1916, Britain and the Al-Thani chief of Doha entered into a

3 Fuad 1.Ouri, Tribeand StateinBahrain,(19801p.27, Ann.227,Vol.4,
p. 967.treaty whereby Britain recognised Abdullah Al-Thani as the "Shaikhof

Qatar". However, as wilI be seen in paragraph 28 and discussed in

greater detail in Chapter 2, the1916 Treaty did not define the area of

"Qatar" or indicate that it was Iarger than that of the previous Ottoman

province of "Qatar". The authority of the Al-Thani did not extend much

beyond Doha and certainly not as far as the western shores of the Qatar

peninsula.No political entity called "Qatar" existed even in theory that

could be assurnedto be in control of the entire Qatarpeninsula.

24. Some time after 1916, the Rulers of Qatar began expanding their

control northwards from Doha dong the east coast of the Qatar

peninsula, to include scattered settlernents fouthere.Ttwas not until

the 1930sthat this expansion reached the Zubarah region. In 1938,the

Ruler of Qatar, eager to expand his new oil fields, made an express

claim to the Hawar Islands.

B. Bahrain'sClaims

(i) The ZubarahRegion

25. The Zubarah region includes the now abandoned town of

Zubarah and its defined outlying areas (see paragraphs 89 to 103 and

map 5 of Volume 7). It has been an integral part of the territories

dependent on the Al-Khalifa family since they settled in the area in the

1760s. After the Al-Khalifa moved their capital from Zubarah to the

main island of Bahrain in 1796,theZubarah region remained under their

authority and control. TheNaim tribe inhabited the Zubarah region fiomthe end of the 18th Century at the invitation of the Rulers of ~ahrain.~

The Nain1 recognised the authority of the Rulers of Bahrain and

regularlymigrated betweenthe main island of Bahrainand ~ubarah.~

26. The situation remained unchanged until 1871. In that year, the

Ottoman Empire attained some measure of control overthe south-east

part of the QatarpeninsuIaby establishinga garrisonin Doha. In the last

quarter of the 19th Century and the early 20th Century, six attempts

were made by the Ottoman Empireand the Al-Thani chiefs of Doha to

expand their authority to include the Zubarah region. Each of these

attempts wasrejectedby Bahrain and by Britain.

27. In 1905, the British Political Agent, Captain F.B. Prideaux,

undertook a detailed study of the Qatarpeninsula and its tribes for

Lorimer's -of. He wote:

"My predecessor,Mr. Gaskin,has of lateyears tried to showthat

al1 the towns of the Peninsula are politically subordinate to
Sheikh Jasim [Al-Thanil,but 1 do not think his arguments are
convincing,and1am told that the peopleof KhuwerHassan, Abu

Dthuluf, Ruwes, Fuwerat, Dthakhira, Dthaayan, Surnesrna and
Khor Shaqiq [in the north of the peninsula] have never paid
revenue to the Sheikhs of Bida andwill [scoff at] the idea of

4
Lorimer's the standard referencework for the
early history of the Gulc notes that the Al Naim had been invited to the
peninsula from Oman by the Al-Utub (the tribe of the ruling Al-Khalifa
family). J.G. Lorimer, Gazetteer of the Persian Gulf Oman and Central
ArabiaVol. II(1908) p.1306, Ann.74, Vol.3, p. 397.

5 Lorimer'sGazetteerofthe PersianGulf notes:

"The nomadic Na'imoutside Oman are betieved tonumberabout
2,000 souls. In winter they live in Qatar, chiefly in the
neighbourhood ofZubarah; inthehot weather most ofthem remove
toBahrainand form campsinthe northernpari ofthe main isla...O

Ibid., p. 1305,Ann.74, Vol.3,p. 396. As Klaus Ferdinand confimis: "the
special relationshipbetween thAI Naim and the Bahraini Sheikhs'family,
the Al-Khalifah,goes backtothevery coiningofthe Al Naimto Qatarand to
their CO-residencearound Zubarah", in Bedouins of Oatar (1993), p. 41,

Ann.232, Vol.4, p.1013. being their subjects. Business relations many of their pearl
merchants have certainly had with the Thani family but nothing
more ... .

Negotiations for a treaty between the Ottoman Empire and Britain in

1913included a proposa1for anentity called "Qatar" assumed to have

control over the entire Qatar peninsula, but the First World War

intervenedand the treatywasneverratified.7

28. In 1916,Britain concludedatreaty directly withthe Al-Thani.76

* This was the first acknowledgementof independentpolitical statuson

the part of theAl-Thani chiefsof Doha. The Treatyrefemedto Abdullah

Al-Thani's"territories and port of Qatar", but contains no definition of

thoseterritories.This documentcannot, therefore,support any clairn that

the chier sterritories necessarily includedthe Zubarah region. The 1916

Treaty does not acknowledge the existence of a State of Qatar

territorially coextensive with the Qatar peninsula. Nor cm such a

territorialextent be assumed. lndeed two facts serve to contradict any

such assumption. The first is that the effective control of the Zubarah

region continuedto be exercisedby the Rulers of Bairirainafterthe 1916

Treaty, as it was before.The secondis containedin an easily overlooked

aspect of the Treaty. In the prearnbularparagraph,the Sheikh of Qatar

achowledged that he was bound by unilateral persona1undertakings

6 Letter, Capt Prideaux, British Political Agent, to Sir Percy Cox, British
Political Resident,attachedto the latter'sdespatchto the Govt. of16ndia,
July 1905,Ann.71, Vol.3, p. 357. Prideaux uses the phrase "the peo...
will scoutthe idea ofbeing theirsubjects".The word "smeans"to reject

withscornorridicute" (ConciseOxfordDictionary).
7
Unratified Conventionbetween United Kingdomand Turkey regarding the
PerçianGulfand adjacentterritories,29Ju1913,Ann.81, Vol.3, p.431.
8
Treatybetweenthe BritishGovt. andthe Shaikhof Qata-3November 1916,
Aitchison,op. cit., p.258,Ann. 84,Vol.3513.signed by his grandfather in 1~68.~ Among these undertakings was a

promise (in paragraph 5th of the 186s document) to maintain towards

the Chief of Bahrain "al1 the relations which heretofore subsisted

between me and the Sheikh of Bahrain." The "relations" in question

included a cornmitment to pay an annual levy to the Ruler of Bahrain

evidencedby an undertakingsignedby the chiefsof Doha as welIas six

Chiefs fiom other parts of ~atar.'' The fact that this 1868 obligation

subsisted and was recognised in 1916means that the Ruler of Bahrain

was recognised as still retaining dominionand authority in parts of the

Qatar peninsula. It follows that the area of rule of the Chief of Qatar

couldnot in 1916 have been regardedas coterminouswith the peninsula

as a whole.

29. As a matterof fact,for20 years followingthe BritishTreatywith

Abdullah Al-Thanithe authority ofthe State of Qatar did not extend to

the western part of the Qatar peninsula. As before,the Zubarah region

remained under Bahrain' s authority and control. Qatar's occasional

efforts to subvert the Naim tribe living there from their allegiance to

Bahrainfailed.

30. In 1936,Qatar becarneactively interestedin the Zubarah region.

This was coincident withexploration for oil in Qatari territory. In that

year, the governent of Qatar attempted to imposea tax on the Naim

tribe inhabiting the Zubarah region. The Al-Jabr branch of the Naim

tribe, ever loyalto the Ruler of Bahrain, rejectedthis attemptto impose

9 Agreementof the Chief ofEl-Kutr (Gutter-enza.aoinot to commit any
Breachofthe MaritimePeace,12 September1868,Aitchison,op.cit.,. 183
to184,Ann.12,Vol.2, pp.157to 158. Thisdocument isfurthediscussedin

paragraphs127to 129.

Agreementof the Chiefsof Oatar. 13 September1868, Aitchison,op. cit.,
p. 193,Ann.13,Vol.2,p. 159.the tax and appealed to the Ruler of Bakrain as their sovereign.

Negotiations commenced in May 1937between the State of Bahrain and

the State of Qatar, often involving Britain as mediator, on the status of

the Zubarahregion.

31. These negotiations were interrupted in July 1937, when Qatar

mounted an med expedition against the Zubarah region and expelled

the Bahraini subjects who then irhabited it. This act of aggression was

inconsistent with then prevailing principles relating to the renunciation

of the use of force enshrined in the Covenant of the League of Nations

and the Kellogg-Briand Pact. Bahrain protested against the attack and

has never since waived, or waveredin, its claim to the Zubarahregion.

32. The events of 1937 were a violation of international law,

incapable of terminating existing rights or generatinginconsistentrights.

33. In 1944," the Parties agreedthat the status of the Zubarahregion

would "remain, without altering anything which did not exist before."

Theunderstanding failed because each Party interpreted it to support its

own view ofthe issueof sovereignty.

34. The State of Bahrain's clairn to the Zubarah region has never

been adjudicated. Bahrain has over theyearsput several proposais to the

State of Qatar in anattempt to promote a peaceful dialogue about the

status ofZubarah.Negotiations have been unsuccessful. Bahrainis fully

entitled, under international lawto plenary sovereignty over Zubarah.

" Agreementbetweenthe Ruler of Bahrainand the Ruler of Qatar, A167,
Vol.4,p. 752.(ii) TheHawar Islands

35. Though close to the shores of the Qatar peninsula, the Hawar

Islands are partof the Bahrain archipeIago.They are only afew minutes

away fromthe main island ofBahrain by helicopter, less than an hour by

motor boat. By sail boat thejouniey is no more than three or four hours.

Socially, culturally, economically and politically, the islands constitute

an appendage of the main island of Bahrain. The comprehensive links

between the Hawar Islands and the other islands of the Bahrain

archipelagoare well docurnented.

36. In about 1800,members ofthe Dowasirtribe sought and obtained

permission fiom the Qadi of Zubarah, an official of the Al-Khalifa

farnily,to settle on the islands. They thus acknowledgedtheir allegiance

to the Rulers of Bahrain.Occupation of the Islands by Bahraini subjects

has ever sincebeenopen and continuous.No rival presence has appeared

there atany time.

37. Bahrain'sjurisdiction and control over the Hawar Islands thus

cornmenced twocenturiesago. The economic activities of the islanders-

gypsumextraction, fishing and pearl diving - were al1dependent on the

markets in the main island of Bahrain. In contrast, there is no

documentation of any contact between the inhabitants of the Hawar

Islands and the Settlementsof the east coast of the Qatar peninsula. The

latter are more than 150 kilometres sailing distance around the

peninsula, or an a~duous80 kilometres landjoumey across desert sand

androck .

38. With the development of the oil industry in Bahrain starting in

the early 1930s,life on the main island became more attractive than life

on the Hawar Islands.As a result, the Hawar Islands lost much of theirpopulation. The traditional way of life declined. Nevertheless, therare

still people alive who remernberlife on the Hawar Islands half a century

ago. These Hawar Islanders - principally from the Dowasir tribe, many

of them distinguished and influential members of Bahraini society - now

live onthe other islands of Bahrain.

39. The Ruler of Qatar first made a forma1claim to the Hawar

Islands in May 1938. Over the next year, the British Governent

adjudicated the dispute over the Hawar Islands. Britain sought the views

of both Parties. It concluded that there was ovenvhelming evidence in

support of the sovereignty of Bahrain over the Hawar Islands and none

to support the claim put forward by Qatar. Indeed, apart fiom Qatar's

bald - and legally irrelevant-assertionthat the Hawar Islands belonged

to it because of their proximity to the coast of the Qatar peninsula, Qatar

produced no evidence to support its case. No Al-Thani, Ottoman, or

Qatari authonty has ever been exercised over the Hawar Islands. No Al-

Thani, Ottoman or Qatari adherents have ever iived in the Hawar Islands

or, before the opening of the DuMianoil field in 1939, on the coast of
the Qatar peninsula opposite these islands. No governent action other

thanthat of Bahrain has evertaken place onthe Hawar Islands.

40. The British adjudication is resjudicuta and the confirmation of

Bahrain's title to the Hawar Islands is Iegally binding on the Parties.

Indeed, it was once again so viewed by Britain in 1947when it stated its

views as to the maritime delimitation betweenthe Parties.

41. Bahrain does not, however, rely exclusively upon the 1939

British adjudication. Bahrain'stitle ultimately rests upon the fact of its

continuous, uninterrupted andexclusiveexercise ofjurisdiction over the

Hawar Islands fiom the beginning of the 19th Century to the present

day, especially in cornparisonwith theabsence of Qatari activitiesthere.Bahraini laws operate in the Hawar Islands; Bahraini justice is

administered in relation to disputes arising there; Bahrain has always

regulatedfishing andmining activities(gypsurnand oïl); Bahrainipolice

are present there, as are Bahraini forces; Bahrain provides public

services,suchasthe water supply; theresidentscany Bahrainipassports,

are included in the Bahraincensus and are eligible tvote in Bahraini

elections. By reference to the criteria of sovereignty operative at al1

relevant times, there is no doubt that the Hawar Islands belong to

Bahrain.

SECTION1.5 Expanded GeographicaIDescription

A. Bahrain

42. The State of Bahrain is cornprised of an archipelago which

includes morethan 50 islands,low-tideelevationsand shoals situatedin

the Gulf of Bahrain off the Arabian peninsula, and the territory on the

north-west coast of the Qatar peninsula referred to as the Zubarah
region.

43. The land area ofthe archipelagois approximately 701 km2. The
main island of Bahrain, sometimes calledAwal Island, has an area of

591km2.Todayit is connectedby causewaystomost of the immediately

neighbouring islands, such as Muharraq, Sitra,Umm Al Na'san and

Nabih Saleh.A causeway hasalso been built fiom the main islandto the

coast of Saudi Arabia. The other principal islands of the Bahrain

archipelago are inthe Hawar Islands group, located about 11 nautical

miles to the south-eastof the main island of Bahrain about half-wayup

the western coast ofthe Qatarpeninsula.TheHawar Islands havea land

areaof nearly51 km2.44. Between the south-west of the main island of Bahrain and the

Arabian peninsula, there is a relatively deep and featureless stretch of

sea. These waters have traditionally acted as a barrier between Bahrain

and the Arabian peninsula. In contrast to this natural fiontier to its West,

to the east and south-east of the main island of Bahrain lie the calm and

shallow waters which extendto the western coast ofthe Qatar peninsula.

These eastem reaches of the Gulf of Bahrain rarely exceed ten metres in

depth, with great expanses less than two metres deep. Sheltered in the

west by the main island of Bahrain and in the east by the western coast

of the Qatar peninsula andabundant in pearl-oysters and fish, the eastern

reaches of the Gulf of Bahrain have for many centuries effectively been

a Bahraini lake.

45. The seas within the Bahrain archipelago contain a nurnber of

relatively small islands, including notably Jazirat Ajirah, Al Mu'tarid,

Jazirat Mashtan, Jabbari, Umm Jalidand Qit'at ~aradah." They also

contain the low-tide elevations of Fasht Bu Thur, Qita'a el Erge, Qit'at

ash Shajarah and Fasht ad Dibal. Each of the latter two low-tide

elevations is several miles in extent. Fasht al'Azm, a large reef which

constitutesan integral part of Sitrah Island and is exposed at low tide,I3

extends for over ten miles in an east-south-easterly direction towards

Qit'at:ash Shajarah.

46. The mainland component of Bahrain, the Zubarah region, is

located on the north-western coast of the Qatar peninsula, facing the

main island of Bahrain. The region is composed of the tribal "dirah" -

the lands inhabited andused for grazing livestock - ofthe Al-Jabrbranch

I2
Thestatuçof Qit'aJaradahis discussedmore fullyatparagraphs580 to 598
and622 to624.
l3
ThestatusofFasht alrAm isdiscussedmorefullyatparagraphs620to 626.of the Naim tribe, which has consistently recognised the authority of the

Ruler of Bahrain. The members of this branch of the Naim tribe

defended the Zubarah region against Qatar'sarmed attack in July 1937.

The extent of the Zubarah region is shown on Map 5 in Volume 7. It

stretches from Al Arish, about 10 kilometres north of the town of

Zubarahon the coast, to Umm El Ma, about 20 kilometres south of the

town of Zubarah. Inland from the coast of the Gulf of Bahrain, the

region stretches to Al Na'man,Masarehah and Al Thagab (see further

paragraphs 89to 103).

47. Until 1937,the main population centres of Bahrain completely

encircIedthe eastem reaches of the Gulf of Bahrain: the main island of

Bahrainin the west, the Hawar Islands in the south-east and, in the past,

Zubarah in the north-east. The ensemble constituted a protected

maritime enclave. The waters of the Gulf of Bahrain have for centuries

been dominated politically and economicaily by the AI-Oalifa farnily

and their subjects. This historical reality is a kto understanding the

territorial as well as the maritimeissues in this case.

48. Although subterranean aquifers enable substantial irrigation on

both the main island and Muharraq, the life of the people of Bahrain

was, and remains, inexticably Iinked with the sea. In theera before the

development of oiI, the pearling industry was the major source of

wealth. The main pearling banks were to the north and north-east of the

archipelago.Income from pearling provided not only most of the wealth

of the country but was also the major source of government revenue. In

the 1930s, however, cultured pearls were developed in Japanand threw

the Bahrainipearling industry into a depression fromwhich it has yet to

recover. Howevsr, as Iate as the 1960s the industry still continued.

Feasibility studies are under way in order to determinhow to revive it. "Whenwetravelledfiom Zellaq tathe HawarIslands,we used to

sail to Ra's al Barr on the southern tip of the main island of
Bahrainandthen towardsthe eastuntilwe reachedHalatNoon, a
very srna11island. After HalatNoon we sailed on to Al Mu'tarid.
Then we sailed east until we arrivedfi-orna northerly directionat

the two Rabad islands which are to the north of the main Hawar
Island. We wouldpass to the west of the RabadIslands and enter
the main Hawar Islandfrom a bay in the nnorth.We would put a

stick in the sea-bed to tie the dhows in the bay of the North
Village because we didn't useanchors."'4(This traditional route
isshownon Map 3 in Volume 7.)

53. SimiIarly, the Naim and others would migrate between north-

west Qatar and the main is1and of Bahrain. One hundred years ago

Zubarah was several days' journey cross-country from Doha Town,

while it was "only four hours' sail from Bahrain in fair weather."I5

Moreover, it was a long established practice ofthe Al-Khalifa ruling

family, following seasonaI rains,to çend their flocks fiom Bahxainto

graze on the western side of the Qatarpeninsula. This practice was a

regularfeatureof thepastoraleconomy of Bzthrainin the pre-oil era.16

54. The population of Bahrain was estimated in 1995 as

approximately 580,000 of whom approximately 370,000 (64%) were

Bahraini citizens. Bahrain is one of the world's five most densely

populated corntries, and by far the most densely populated in the Gulf.

ThepopuIationis expandingrapidly.

l4 See statement of Ibrahim bin Salrnan Al Ghattarn, para. 3, Ann.316(a),

Vol.2,p. 1400.
l5
Prkcisof newsreceivedfrom BahrainAgentin August 1873,Ann. 18,Vol. 2,
p. 172,.

l6 See correspondencebetween Maj. Daly, British Political Agent, and Lt. Col.
Knox, the British Political Resident17October 1923, Ann. 88, Vol. 3,
p.525. The Sheikh ofBahrain's 'grazing rightsin the Qatar peninsula were
recognisedina 14 July 191 report of the British Standing Cornmitteeof the
Imperia1Defence."Itappears inexpedientomake anyconcessionsto Turkey
in regard to the El Katr Peninsula, sincethe Sheikh of Bahrain has grazing

and otherrightsthe..."Ann. 77,Vol. 3p.41 1.55. Although Bahrain was the first Arab Gulf State to produce oil

afterthe first discovery there in 1932, there have been no significant

discoveriessince. From a peak of 70,000 barrels/dayin 1970,Bahrain's

oil production declined by 5% per year until it stabilised at around

40,000 barrelsjday in the mid-1980s. (The output in 1995 was 39,000

barreldday .)

56. Bahrain'stotal oil reservesin 1995were estimatedat 210million

barrels, 18 times less than the oil reserves of Qatar. Unlike Qatar,

Bahrain is nota memberof OPEC.

57. Bahrainhas nothing to compare to Qatar'svas1liquefied natural

gas (LNG)projects (seeparagraph71).

B. Qatar

58. The Qatar peninsula is a large, desolate body of land that

stretchesinto the Gulfof Arabiaat the Gulfs mid-point on its southem

side.About 160kilometreslongand up to70kilometreswide, the Qatar

peninsula is low lying and formed of limestone rock. It has a surface

area of approximately 11,400km2 and a maximum elevation of 40m

above sea level with extremelyhigh temperatures and humidity. It is a

desert territory, relentlessly barren. The virtual absence of natural

vegetation has effectively excluded any permanent human presence in

the interior.17

59. The State of Qatar comprisesthe territory of the Qatar peninsula,

with the exception of theZubarahregion which is part of the territoryof

the Stateof Bahrain.

l7 R.S.Zahlan, TheCreationofOata, (1979)pp.13 to 15,Ann.226, Vol. 4,
pp.947to948.60. The small populations living on the Qatar peninsula during the

19th Century centred on Doha,lg on the south-east coast of the Qatar

peninsula,and Bahrain'sZubarahregion,onthenorth-westcoast.Today,

Zubarah is abandoned and an estirnated 80%of Qatar'spopulation live

in l30ha.I~The country's secondmost importanttown is Wakrah, which

is in reality a southern extension of the Doha agglomeration, and the

third is the industrial centre of Umm Said 30kilometresto the south of

Doha. Estimates of the population of Qatar in the 1950s placed the

number between 20,000 and 25,000. According to the Economist

IntelligenceUnit Country Profile for Qatar,theindigenouspopulationof

Qatar at the end of 1995 was "believed to be around 155,000;" the

overall population includes nearly three timas as many foreigners.

Qatar's total populationhas a particularly high proportionof immigrant

workers; 38% of the people living in the countxycorne from Iiidia or

Pakistana~one.~'

61. Excluding expatriates in both cases, the relative population

densities of Bahrain and Qatar are drarnatically differen521 Bahrainis

perkm2,14Qatarisper km2.

62. Small settlements - little more than encampmentsof fishermen -

were recorded on the east coast of the Qatar peninsula during the early

19th Century. As these settlements developed into permanent villages,

notably Doha, they remainedquite isolated from the Gulf of Bahrain on

the far side of the peninsula. The inhabitants of the east coast, in and

18
Dohawasknown duringmuchof the 1800asAl Bidda.
l9
EconomistIntelligenceUnitCountry ProforOatar 1996-97,33.

*O Ibid.around Doha itself, were primarily concerned with the exploitation of

the pearling banks inthe waters due east of Doha.

63. In addition to the settled population on the Qatar peninsula, there

were nomadic and semi-nomadictribes. It is not possible to make a clear

distinction between the settled and the nomadic populations. The

important Naimtribe -subjects of the Ruler of Bahraîn- would migrate

by sea between the Zubarahregion onthe north-west corner of the Qatar

peninsula and the Bahrain archipelago. Other tribes migrated overland

between the mainland of Arabia and the Qatar peninsula, recognising

and being aware of no fiontier between peninsula and mainland. Many

of them admitted no superior authority within the peninsula, as the Al-

Thani SheiMisrepeatedly acknowledged (see paragraphs 133, 146 and

158 to 159).From early in the 20th Century until 1937 and later, they

were more likely to recognise the authority of Ibn Saud than that of

Sheikh Abdullah bin Jasim Al-Thani.These tribes paid the tax of zakat

to Ibn Saud and acknowledged his authority. The inhabitants of the

northem villages paid taxes out of their incorne from pearling directlyto

marauding tribes in order to be left in peace. There was no central

authority in the Qatarpeninsula able to deal with the tribesmeon behalf
of al1 the inhabitants of the peninsula until after the Al-Thani had

extendedtheir authoritythrough many other parts of the peninsula in the

second half of the 1930s;but the Al-Thani did not, even then, establish a

permanentpresence in Zubarah.

64. Until well into the 20th Century, the ecology of the Arabian

peninsula inhibited the emergence of States or rulers whose territory

could be defmed by reference to specific boundaries. Tribes moved

through the arid and semi-arid areas in cycles detemined by the

sustainability of life and not by abstract borders. Given the reality oftransient populations, political authority in the area was exercised over

people and evidenced by the allegiance of tribal groupings. The territory

occupied by tribes owing aüegiance to a mler was thereby under the

authority ofthat mler - for as long as that occupation and that allegiance

would last. Sovereignty over territory did not arise fiom a meaningless

assertionof lordship overthe desert. Nowhere was this more tme than in

the case of the arid and scarcely populated Qatar peninsula. It is

therefore possible to identify the territory over which the Rulers of

"Qatar" exercised authority only on the basis of tribal allegiance. The

population of the peninsula owing allegiance to the Al-Thani was

originally very small and centred on Doha and its environs. Only later,

asthe Al-Thani authoritygradually expanded, did that of the Sheikhs of

Bahrain within the QatarpeninsuIa recede.

65. Doha is of course on the eastem side of the Qatar peninsula,

separated fiom the Gulf of Bahrain by 80kilornetres of barren desert

wasteland. Originally, "Burr Kutr", "Gatr", "Katr" or perhaps most

commonly "Guttur", was the name given to the eastern Coast of the

peninsula that is now known in its entirety as the Qatar peninsula.

Indeed, some contemporaneous sources used "Qatar"to refer simplyto

Doha; see, e.g. the Ottoman rnap reproduced after page 6. Until

relativelyrecently, there was no need to refer to the Qatar peninsula as a

whole because it comprised neither a single geo-political nor a single

geo-economic unit. Indeed, the Ottoman Empire, which ruled the

southern area of the Qatar peninsula around Doha as a "kaza" (district)

until 1915,referred to it as "Qatarand considered it a unit distinctfrom

the other two sub-districts {nahiye)onthe peninsula,which it referred to

as "Zubarah"and "Odaid".66. Until 1937, the Zubarah region was inhabited by Bahraini

subjects: the Naim tribe.21There is nothing to indicate that the peoples

of the north-east andnorth-west of the Qatar peninsula owed any forrnof

allegiance to the Al-Thani Sheikhs.

67. Oldresidents of the Hawar Islands who are still living in Bahrain

recall that they occasionally ventured to the coast of the Qatar peninsula

opposite Bawar half a century ago, notably to search for desert truffles -

a popular recreational activity. They al1Saythat there were no signs of

human habitation in that harsh land. As one former Hawar Islander,

Harnoud bin Muhanna al Dosari, recalled:

"..if we were fishing near the Westcoast of the Qatar peninsula
we would go to Zekrit. Therewas a spring there where we could
getfresh water. Wenever met anyone or saw any signs of human

life when we went to Zekrit. Along al1the shore opposite the
Hawar Islands you would not meet another person except the
occasional itinerantbedouin. Even when we occasionally went to
the place called Dukhan,on the coast of the Qatar peninsula

south of the Hawar Islands,to look for desert truffles, we rarely
met any~ne."~~

68. The situation is no different today. There is little sign of life

except Dukhan, a recent oil town of prefabricated buildings where

people have gone to work, not to live. There is still no road up the

western ~oast.~'Onlya negligible proportion of the population of Qatar

Iivesonthewest coast.

21 Since the 1937 armed attack by Qatar on ZubaratheZubarah region has
beenvirtuallyuninhabited.

22 See statement of Hamoud bin Muhanna al Dosari, para. 16, Ann.313(a),
Vol. 6, p. 1366.Seealso statementsof Ibrahim bin Salman AlGhattam,para.
10, ~nn. 316(a), Vol.6, p. 1402, Nasr bin Makki al Dosari, para. 10,

Ann.314(a), Vol.6, p. 1379, and Salman bin Isa al Dosari, para. 4,
Ann. 315(a)VoI.6,p. 1392.
L5
SeeOxfordMap ofQatar,Vol.7, Map 16.69. Oil was discovered in Qatar in 1939. Production has in recent

years averaged above 400,000 barrelslday (422,000 in 19951,more than

ten times the production of Bahrain. Taking a constant valueUSf $20

per barsel for purposes of cornparison, this represents an annual per

capita value of US $18,830 for the native Qatari population. The

corresponding figure forahrainis US $769.

70. Qataralso has threemajor liquefiednatural gas (LNG)projects in

its vast North Fieldthe world's largesthown single deposit of non-

associatednatural gas. The first (Qatargas) will reportedly supply 4 m

tonslyear of LNGto Japanbeginning in 1997.The second (Rasgas) will

supply 2.4 m tonshear Io Korea beginning in 2001, with a Mer

production capacity of 7.5m tonslyear. The third project is led by the

well-known United StatesCompanyEnron; itcontemplates production

of more than 5 m tons/year to commence in 1999, intended to suppIy

customersin Israel,Jordan, andIndia.

71. If these projects materialise as planned, Qatar'sLNG output will

easily exceedthat of Algeria,one of the world'sleading on-streamLNG

producers. Algeria generally exports about: 15 m tondyear, which

translate into export earningsonthe magnitudeof US $2.5to 2.8 billion.

For the Qatari population, these projects thus hold the promise of

additionalannual revenues of well over $20,000per capita. Byway of

cornparison,Bahrain'ssole gas liquefaction plant is expected to produce

0.38million tonsin 1996. PART1

THE TERRITORIALOUESTIONS CHAPTER 2

BAHRAIN'SSOVEREIGNTYOVERTHE ZUBARAHFUCGION

72. The principal elements of Bahrain'stitleto the Zubarah region

are:

a) evidence of the exercise of authority and control by or on

behalf of the Ruler of Bahrain over the people inhabiting the

Zubarahregion andthus over the region itself;

'hi
ICj b) recognition by the inhabitants of the Zubarah region of the

:ar authority of the Ruler ofBahrain over themselves and over the
ab
id( area in which theylived; and
iir
nt
c) absence of anycompeting exerciseof authority by Qatar in the
d
iaj Zubarah region until its amied attack and forcible expulsion of
1b:
Bahrainisof the region in 1937.

SECTION 2.1 The geographical extent of the Zubarah re~ion

1

inhabited bv the Naim tribe, who recognised the

authority of theRuler of Bahrain

A. The Naim tribe and its relationshipwith Bahrain

73. Before turning to the substance of Bahrain'sclaim to sovereignty

icis over the Zubarahregion, it will be helpfiil to describe the geographical
sidi
171 extent of the area over which Bahrain assertsits sovereignty.

74. Identification of the area of the Zubarah regiand the question

of title to it is closely linked to the character of tribal aliegiances in the~ahrain." In describing the event, the senior British officia! stationed in

the Gulfof ~rabia~'observed:

"Zobarah is held by the Naim Tribe who are allies and in some

degree dependants of the Bahrain Chief.The sovereignty over al1
this Coast is undefined, but the ChXefsof Bahrain have always
looked on Zobarah as a feudal dependency of Bahrain. Sheikh

Esau [the Ruler of Bahrain; usually spelled "Isa"] accordingly
allowed the body of the Naim Tribe who had corne to his
assistance to return to the relief of their comrades at Zobarah.

Sheikh Ahmedthe Chiefs brother accompaniedthese Naim allies
to Zobarahbut did not

80. The allegiance owed by the Nairn tribe to the Ruler of Bahrain

was centra1to the security of the main island of Bahrain, sincethe Ruler

could depend on them to defend Zubarah. If Zubarahwere to fall, they

could rapidly remove to the poorly defended main island and increase

the forcesthere. The PoliticalResident also recognised this:

"Shaikh Esau necessarily relies much on the Naeem tribe of
Zubara who came to his aid in his late dangers, and if he were to

be deprived of their support, his means of defence would be
greatly~eakened."~~

It was for this reason that the Ruler of Bahrain had sent reinforcements

to Zubarah in responseto the 1874attack andrepairedthe fortthereafter.

'' J.A.SaIdana'sPrécisof Katar Affairs (Simla,19041, p.4,Ann. 70, Vol. 2,
p. 292.

30 For a description of Britain'ç political and diplornatic involvement and
administrativestructure in the Gulf of Arabia, see Secti2.4 starting at
para136. See also App.4(11) for an organigramme of the British
administrativeand diplornaticerarchyinthe Gulf ofArabiapriorto1947.

31
Letter fiom British Political Resident to the Secretaryto the Govt. of India
ForeignDepartment12 September1874,Ann.21,Vol.2, p. 180.
32
Letter frornLt. Col. Ross, BritishPoiitical RestoeSecrdaryto Govt. of
India, 10November1874,Ann.24, Vol.2, p. 184.8 1. In February 1875,the Naim senttheir cattleto the main island of

Bahrain for protection. The cattle weretransported in boats provided by

the Ruler of ~ahrain.~~

82. During 1876and 1877,the Ruler of Bahrain:

distributed provisions and cattleto 100 members of the
a)

Naim tribe in orderto assist them to returnto the Zubarahregion

fromthe main island of ~ahrain;~~

b) subsidised the income of the Naim tribe and permitted

them to frequent other parts of Bahrain, treating them as his

subjects;

used 100 of the Nairn tribesmen as regdar soldiers in the
c)
Bahrain ami^; ^^d

d) sent "a strong partyof armedmen" to Zubarah "supplied

with arms [and]provisions".36

83. In a report on Qatar dated September 1893, the Ottoman

authorities admitted that the inhabitants of the Zubarah region owed

allegiance to the Ruler of Bahrain. In describing the tribes of the

province of Qatar and its vicinity, the Ottoman authorities recognised

that:

33 Trmslated purport of a lehmer News Agent Bahrain, toLt. Col. Ross,
British Political Resident,9 February 1875,Ann.28, Vol.2,p195.4to

34 Letter from Capt. Prideaux, British Political Resident, to toctheary
Govt.of India,7 October1876,Ann.34,Vol.2, p.203.

35
Letter fiom Maj.Grant, British Political Resident, to Ruler of Bahrain,
17September1877,Ann.35, Vol.2, p. 205. "The third [tribe] is the Naim. Although this tribe goes about on
the Katar coast, that is between the town of Katar and Zubara,

because they go to Bahreyn in the date season and because
Bahreyn sheikhIsa presents them with some dates and coffee and
other things every year, this tribe is really to be counted among
the tribesof~ahre~n."~~

84. In January 1906,a Persian boat had been obliged to seek shelter

fioma stom at Abu Dhuluf,just north of theruined town of Zubarah. It

was attacked by the local inhabitants. Because this was considered as

constituting an act of piracy, the British Political Agent, Captain

Prideaux, investigated the matter. Prideaux visited Abu Dhuluf and

requested an interview with the local chief. The chief refùsed the

interview and declared himself to be a "subject of the Shaikh of

Bahrain". Captain Prideaux then wrote to him and requested that he

appear in Bahrain to explain the acts of piracy. He compIied and

appeared in Bahrain on 1 March 1906:~ thus evidencing his allegiance

to the Ruler of Bahrain.

85. The Naim tribe consisted of several branches. The next most

important branch was called the ~l-~amzan.~~The tribal dirah of the

Al-Rarnzanwas situated far to the south of Zubarah, along the coast of

the Qatar peninsula to the south of UmmEl Ma and inland as far as Al

~a'i~ah.~'But'the branch which traditionally led the Naim tribe was

called the ~l-~abr.~~
The tribal dirah of the Al-Jabr branch of the Naim

was situated in and around the ruined town of Zubarah (see paragraphs

37 OttomanreportonKatar,September1893,Ann.52(a),Vol.2,p. 255

LorimerVol. 1,op.cit., p.833,Ann. 83,Vol.3,p.486.

39 Ferdinand,op. cilp.44, Ann.232, Vol.4,p. I013a.

40
See map prepared by Montigny-Kozlowska, op. cit.Aan.229, Vol.4,
p. 983a.
41
Ferdinand,op.cii., 44,Ann. 232, Vol. p. 1013a.89 to 103). By 1937, the Al-Rarnzanbranch of the Naim tribe had

switched its allegianceto the Al-Thani Rulers of Qatar as a resuIt of an

interna1 tribal dispute. According to a report of the British Political

Agent of 3 May 1937:

"Sometime ago â man called Ramazan of the Ramazin
sub-section of the Na'im tribe divorced bis wife. The woman
remarried into the Al Jabor section of the Na'imtribe. As a result
of this there was friction between Ramazan and Shaikh Rashid

bin Mohammad, the aI1egedleader of the Na'im. As a result of
this friction the Ramazin sub-sectionleft the Na'im and joined
the Shaikhof ~atar."~~(Emphasisadded.)

The Al-Jabr branch of the Naim tribe maintained its allegiance to the

Ruler of Bahrain.

86. The Ruler of Qatar sought to becorne active in the Zubarah

region in early 1937,intending to impose his authority on the region.

Concerned at that development,the Rüler of Bahrain and the headmanof

theNaim tribe, Rashid Al Jabr, kept inclose communication. Like al1of

the Al-Jabr Naim, the headman was a Bahraini subject. Likemany ofthe

Naim he had been born on the main island of Bahrain. As a leader of a

tribe dependent on Bahrain, he was entitled to an allowance from the

Bahraini Civil ~ist.~~At the time of the Zubarah conflict in 1937,the

Naim headman tumed to his sovereignboth to warn him of the threat to

his interestsand to seek protection in deterring the Qatariaggression. He

42
Report entitled "Zubarah Incident" by Capt.Hickinbotharn, the British
Political Agent, on the Zubarah incident, 3 May 1937, Ann. 126, Vol. 3,
p.653.
43
Telegam from British Political Agent to Lt. Col. Fowle, British Political
Resident,23April1937,Ann. 119,Vol3,p.642.warned in his Iettertothe Rulerof Bahrain that:

"Bin Thany has displayed his enmity towards you and what is

more ishis ideato take Zubara and otherplaces...".44

87. Thereupon, Bahraini soldiers, arrns4$ and food46for the Naim

were sent to Zubarah by the Ruler of Bahrain. The Bahraini flag was

planted conspicuously on the beach by the old fort in Zubarah. Repairs

to the fort were commenced by ~ahrain.~~In a letter to the British

Political Agent, Charles Beigrave, Adviser to the Government of

Bahrain,explained:

"TheNaim and their relations, who are clairned by the Bahrain
Govemment and themselves claim tu be Bahrain subjects, have
always in the past received financial subsidies and food from the

Ruler of Bahrain.Duringthe recent disturbances in Qatar ...they
had difficulty in obtaining food supplies, some of them were
given rice and dates, and others, in Bahrain, were given money

with which theypurchased food fortheir families and relations in
Zubarah.

Arms and arnmunitionwere issued by the Bahrain Government

to al1the villages onthe south coast of Bahrain [for fear of]...an
attack from the mainland. Certain inhabitants of these villages
andislandswhoserelations and in somecases wives and children

were with the Naim tribe at Zubara crossed over to Zubara and
joined the Naimandwere present at the swender when armsand

44 Letter frorn Rashid bin MohomedAl Jabor, headmanof Naim, to Ruler of
Bahrain,3 Safar 1356(15April1937),Ann. 116,Vol.3, p. 636.

45 Letterfrom Rulerof Qatarto Capt.Hiçkinbotham,British PoliticalAgent11

July 1937,Ann. 149,Vol. 4, p. 714.See also statement of Mohammed bin
MohammedbinTheyabAl Naimi,para 14,Ann.233(a),Vol.4,p. 1017.
46
Letter from Charles BelgraveAdviser to the Govt. of Bahrain, toCapt
~ickinbotham, British PoliticaIAgent, August 1937, Ann. 158, Vol.4,
p.729.

47 Telegram fromBritish Political Agent,to Lt. Col. Fowle, British Political

Resident,26 Apri1937,Ann. 122,Vol. 3, p. 646. munition were handed over as part of the tenns of
surrender"48

88. In the aftermathof Qatar'sarmedattack on the Zubarahregion in

1937,the Ruler ofQatar forcedthe tribesmen eitherto switchallegiance

to him or to leave the Qatar peninsula. The rnajority fled to Bahrain,

including the headrnan (for an analysis of Qatar's 1937 attack, see

Section2.13 startingat paragraph253).

B. Thetribal divahof theAI-Jabrsection ofthe Naimtribe

89. The geographical extent of the Zubarah region claimed by

Bahrain is that area over which Bahrain continuously and openly

exercised authorityby virtue of the aIlegianceof the Al-Jabr branch of

the Naim tribe. Their tribal dirah constitutes the area over which

Bahrain had sovereigntitle at the time of Qatar's1937amed attack and

to whichBahrrtinstillassertstitle. Itis shownon Map 5 in Volume7.

90. The tribaldira hf the Al-Jabr sectionof the Naim tribe in 1937

may be determined by: (a) interviews with members of the Al-Jabr

branch of theNaim tribe who lived in Zubarahprior to the 1937attack

and who are still dive, and(b)conternporaneousdocuments describing

the limits ofthe tribal area.

91. An elderlymemberof the Al-Jabr branchof the Naim tribe bom

in 1920 and now living in Bahrain recently recalled the area within

whichhistribe moved,dependingonthe season:

"When 1was young, 1would spendthe winter with my farnily
towardsthe northof the Qatarpeninsula, and move Mer south
inthe summer.We lived mainlyin the areabetween Hulwanand

48
Letter hm CharleBelgrave, Adviser to tGovt.of Bahrain, to Capt.
Hickinbotharn,British Political Agent, 19 August 19158,Vol. 4,
pp.729to 730. Lisha (about four kilometres from the shoreline of the Gulf of
Bahrain) and Masaicha [Masarehahlbut wandered up as far north
as the ruined city of Zubarah, Al Arish and Al ïhagab. At other

times in the year we wouldreach places further south such as AI
Na'man,Al Judaydah, Al Maharaqa and UmmGabrain (Umm a1
Ghubbur). We would set up a camp wherever we could find

waternearby. Thiswas our homeland. "49

92. Another former Zubarah resident, Salehbin Muhammed Ali bin

Al Nairni,recalled in 1996:

"The Zubarah region included Al Na'rnan,Lisha, Hulwan, Ain

Muhamrned, Zubarah and Al Faraihah. There were about 3000
Al Naim who lived there, about 2000 of whom werebedouin and
about 1000 of whom were hadar(settled).My fmily was hadar.
The Zubarah region was part of the Ruler of Bahrain'sterritory

and peoplewere free to corneand go between the main island of
Bahrainand Zubarah."s*

93. In additionto the testimony of living witnesses who aremembers

of the Al-JabrNaim, manydocuments of the earlier period indicate the

extent of their tribaltemitory.In his 1909Gazetteerof the Persian Gulf,

Lorimer referredto Zubarah as a "ruined and deserted town". He noted

that its sitewas still frequented "theNaim of Bahrain and Qatar"and

that it was surroundedby dependent forts "within a radius of 7 miles"

fiom the main town including "Faraihah,Haiwan [Hulwan], Lisha, 'Ain

Muhammed,QalfatMurair [themainZubarahfort], Rakaiyat, Umm-ash-

Shuwail [Umm AlShuwyyl]and Thagab."sl

49 Statement of Mohammed bin Mohammed bin Theyab Al Naimi, para. 2,

Ann.233ja),Vol.4, p. 1014.
50
Staternentof Saleh bin Muhamrned Ali binAl Naimi, para. 3234(a),
Vol.4, p.1025.
51
LorimerVol.II, op. cit., p. 1952,Ann.74, Vol. 3,p. 398. Three decades later, a telegram from theBritish Political Agent
94.

to his superior described Zubarahas an "areamarked by certain known

wells and towers":

"1cannotSay ..to whatextentjurisdictionis actuallyexercisedat
Zubarah but 1rather think that the Shaikh [of Bahraid sends
orders if occasion arises to people who live there. Shaikh'Isa
certainlyusedto do so.

2. Two sons of late Shaikh Khalid, some of Qatam fmily of
Rifa [main island of Bahrain] and bin' Ali of Hidd [island of
Muhanaq] live thereand have fishtrapsand boats and sometimes
take animalsthere.No Qatarcustomsare leviednor are passports

required."52

95. Two months later, on 3 May 1937,as the tension in the region

increased, the Political Agent prepared a briefing note for the British

Political Resident on thesituationandthe physicallocationof Zubarah:

"The town of Zubarah consists of a number of ruined houses on
the sea coast surroundedby the remains of a mud wall which at
one time was guarded by towers, and an enclosed corridor runs

inland for about a mile to the remains of a large fort ... which
contained a mosque and dwelling quarters. The whole of this is
completely ruinedandthere isno signof recentoccupation.

East and southeast from Zubarah thereare situated the wells of

Halwan, Masaichah [Masarehah] and Lashi [Lisha]. There is
good grazinginthe neighbourhoodandthewellsnumber five.

TheNa'iminformedme that Zubarahwas bound on the north by
Faraihahand onthe southby Rubaijah [Rubayqan].They seemto

includethe wells mentionedabove, ieHalwan [Hulwd etcetera,
as partof Zubarah. This is not improbable as there are ruined
housesnearthesewells. ...

For the purposesof thisnote the Zubarah area may be takento be
an enclave running fiom the coast south of and including

Rubeijah, inland to include the wells at Halwan [Hulwan],
Masaichah [Masarehah]and Lashi [Lisha]returning to the coast
atand including Faraihah village. The mined town of Zubarah

52 TelegramfrornLt.Col.Loch, BritishPoliAgent,to Li.Col. Fowle,
BritishPoliticalResident,30March 1937,Ann.113,Volp.633. and the ruined fort of Umm Rear [Murair] will be seen to be

included within thisarea."53

96. Thagab, rnentioned by Lorimer as one of the dependent forts,

does not appear withinthe area described by the Political Agent, yet it

clearly formed part of the tribal area as one of the Naim guardposts

where they gathered on the day of the historic Qatari assault of 1937.54

ImmediateIy afier the battle of Zubarah, the Ruler of Bahrain informed

the Political.Agent thathe extent ofZubaxahincluded:

Al Thagab

Fureiha [AlFaraihah]

• Ain Muhammed

• Ummal Sheweei [UmmAI Shuwyyl]

Al Zubarah

• QalaUmmRear [Murair]

• Al Rabaija [AlRubayqan]

Halwan [Hulwan]

Lisha

Masuchhi [Masarehahl

53 Report entitled "Zubarah Incident" and a memorandum entitled "Possible
basis of a Compromise"by Capt. Hickinbotham, British Political Agent,
3 May 1937, Ann. 126, Vol.3, pp.654 and 665. UmmRear was another

namegivento Murair,the AI-Khalifafort inthetown ofZubarah.
54
See staternent of Mohmrned bin Mohammed Al Nairni, para. 12,
Ann.233(a),Vol.4, p. 1016.97. In the context of the 1944 settlement negotiations between

Balirain and Qatar (see paragraph304), it was proposed that the

historical clairns of the Al-Khalifsito the forat the wells of Umm EJ

Ma, Al Naman, Al Lisha, Halwan [Hulwan],Umm Sika [Masarehah],

and Al Furiha [Faraibah], over which the Naim had roamed at their

invitation,be recognised.56

98. In November 1946, the Ruler of Bahrain described his ancestral

territories and the extent of Bahrainiland to the BritishPolitical Agent,

Lieutenant Galloway,as:

"theport of Zubara territory,the housesin Zubara andthe Lisha,

and Halwan [Hulwd and Um Saicha [Masarehah] and Um-
Alma [Umm El Ma]and the rnosquesand the graveyards and his
freedomandthat of his people on the seaCoastfiom Al Arish to

Um Alma [Umm El Ma] and in the desert of the land without
interference"57

99. In March 1948,the Ruler explainedthe background to his rights

over these territoriesto the BritishPolitical Agent:

"Firstlythereis Zubarah,which was a city built by our ancestors

and which contains the tombs of our ancestors including six
ShaiWisof the ruling farnilywho axe buriedin the cemeterynear
the Fort...On the shore thereare fish traps which beIong to our

subjects which were used by our people untilthe time of the
quarrel...

Secondly,there are the houses at Omrair [Al Murair Fort -very

close to theruins of the town of Zubarah]also the fish traps at

55 SeeLettefrom Capt.Hickinbotham,BritishPoliticalAgetoLt. COI.
Fowle,BritishPoliticalResid4nJuly 1937,Ann.141,Vol. 4, 701.

Capt.Hickinbotharn's1944proposalforthe setîlementof the Zubarahdispute,

Februar 1y44,Ann. 166,Vol.4, p.751sent under cover of a ItoRuler
oEQatar,8February 1944,Ann.165,Vol.4, p. 749.
57
Note by Lt. Col. Galloway on his meeting with RuJer of Bahrain on 2
November1946, Ann. 182(a),Vol4, p790. that place. Itwas herethat our uncle, SheikhKhalid and his sons
were living until recently. Here toois the house of 'AlMatawa'
and his familywho are our subjectsandnow living in Bahrain.

At Lishar there are houses and welIs which belong to us and
whichwe built. ..

Fourthly, there are the fish traps at Om al Ma [Umm El Ma],

Rabaijah [Rubayqan] and Farachls [Faraihahl which belong to
our subjectsand which have passed in inheritancefrom fatherto
son.

Fifthly,we own the wells at Zeraat and at Lisha and Helwan

[Hulwan],which we dug and used for cultivatingthe land.

Al1these placesareknownto the Arabsof Bahain and Qatarand
we do not think that anyone can deny that [they] were in our
possession beforethe dispute. Mernbers of our family lived at

these placesand Arabs belonging to us worked their fish traps as
they did in the days when the Khalifas lived at Zubarah. Never
until the dispute, diwe suffer any interferencehm the Shaikh
of Qatar and we and our people passed freely between Bahrain

andZubarah unhinderedandunmolested. "58

100. In December 1946,the Ruler of Bahrain asserted to Britain that

UmmEl Ma was "one of the ports belongingto our StateZubarah" and

complained aboutQatari activitythere." Further cornplaintswere made

by the Ruler of Bahrain in October 1947 that the Ruler of Qatar had

visited Zubarah and was intending to cultivate at the oases of Hulwan

andLisha "whereourhouses areand which areour propertyW.60

58
Letter from Rulerof Bahrainto C.J. Pelly, BritishPoliticalAgent, 2 March
1948,Ann. 186,Vol. 4, p.798.
59
Reportentitled "NoteonDevelopmentsinthe Zubarah case", BritishPolitical
Resident'sOffic1948,Ann. 185,Vol.4,p.795.

Ibid.101. In June 1948, MT. Ballantyne adviser to the Bahraini oil

concessionaire BAPCO located the southern boundary of the Zubarah

areaat "Ommal Mai"(Umm ElMa).61

102. These conternporaneous documents and the recollections of the

former inhabitants of Zubarah now resideiit in Bahrain establish the

following wells and places (none of which are inhabited today) to be

subject to the sovereignty of the Ruler of Bahrain as part of the tribal

dirah of theAl-Jabrsection of the Naimtribe:

AlArish

Rakay iat

• Al Faraihah

Al Thagab

• AinMuhamrned

• Masarehah

Zubarah

Ummal Shuwyyl

Al Rubayqan

Umm al Ghubbur

6i See letterEromMr. Ballantyne(AdvisetoBAPCO), to Charles Belgrave,
Advisertothe Govt.of Bahrain,2 Juxle1948,Ann. 188,Vol.802.p. a Al Maharaqa

Al Judaydah

a Al Na'man

a Umm El Ma

103. Thetribal dirah of the AI-Jabrbranchof the Naim tribe is shown

in red on Map 5 in Volume 7. The line that links the wells, oases and

place-names dong the edge of the dirah of the Al-Jabr section of the

Naim tribe constitutes the boundary between the Zubarah region, to

which Bahrain is entitled, and the State of Qatar. This is the region

which QatarseizedfromBahrain by armedforcein 1937.

SECTION 2.2 The Rulers of Bahrain exercised authoritv

throuehout the entire Oatar aeninsula dur in^ the

period 1762-1872

104. The authority of the Rulers of Bahrain over Zubarah may be

viewedas an aspectof the widerauthoritywhichthey exercisedoverthe

Qatarpeninsula for morethan a century.

105. Along with other families of the Al-Utub tribe, the Al-Khalifa

farnily established Kuwaitat the beginning of the 18th ~entury.~~The

Al-Utub settlement in Kuwait prospered; indeed the modem State of

Kuwait is ruled by the Al-Sabahfamily ofthe Al-Utub tribe.Much of its

early prosperity was derived from the commercial efforts of the Al-

Khalifa family, who were responsible for trade and commerce in

62
A usehl surnrnary of the early histois provided in Lienhardt "The
Authorityof Shaykhsin the Gulf', in ArabianStudiesVol. II(1975),
Ann. 225,Vol.4, p.937.Kuwait. The Al-Khalifa's principal commercial activity at that time

involved the pearling indu~tr~.~~

106. Seeking to develop its pear1ingactivities, the Al-Khalifa family

decided to reside closerto the centre of the pearling industxy,which was

located in the Gulf of Bahrain. In 1762, therefore,the Al-Khaiifa family

left Kuwait and moved to the north-western region of the Qatar

peninsula. With the assistance of the Naim tribe, they were quickly able

to paci% the local bedouin tribe of AI M~sallam.6~The Al-Khalifa

established the fortified town of Zubarah on the north-west coast of the

Qatar peninsula.65

107. Zubarah quickly emerged as the principal settlement on the

virtually unpopulated Qatar coast. It was advantageously located beside

the pearl-grounds of Bahrain andat the mid-point of the Gulf of Arabia.

Thatenabled the Al-Khalifato profit from the lucrative pearl and Indian

trades. The importance of Zubarahand the Al-Khalifa rapidly increased

as "agreat part of the pearl and Indian trade ...centered at ~obara".~~It

was through Zubarah that the Al-Khalifa acquired their power and

~ealth.~~Under the governance of the Al-Khalifa, the Zubarah region

prosperedandthe cityanditsenvirons grewquickly

63
Francis Warden, HiçtoricalSketch of the Uttoobee Tribe of Arabs11716to
1853 (fi-orfiA
New Series,(1856)pp.362 to 363, reproduced in Records of Bahrain,Vol. 1,
pp. 20 to 21),Ann.5, Vol2, pp.14ato 15.

64 Lorimer Vol. II,op. citp. 1306,Ann. 74, Vol.3, p397 and,Khuri,op. cit.,
pp.24 to 25, Ann.227, Vol.4, pp. 964 to 965. The Naim later assisted the

Al-Ualifa in their occupationof Bahrain in 1783,Lorimer Vol.1 ,op. cit.,
pp.839 to840,Ann.83,Vol. 3, pp.492 to493.

65 Khuri,op. cit., at pp.23 to25, Ann.227, Vol.4, pp.9to 965.

66 Warden, op.cit.p. 363,Ann. 5,VoI.2, p. 15.

67 Ibid.108. Zubarah's prosperity, however,made it an attractive target for

raids andpiracy. In response tothese threats,and in orderto consolidate

the Al-Khalifatsrising influencein the region, Sheikh MohammedBen

Khalifa,SheikhofZubarah, builtthe MurairFort in Zubarahin 1768.

109. Despitethis safeguard,Zubarah was, over the next two decades,

the subjectof relentless attacksfrom the Persian and Arab littorals. Two

attacks were launched against Zubarah by Nasr bin Madhkur, who

governed the main island of Bahrain as a dependency of the Persian

Empire.68 The Al-Khalifa recognised that they needed to control the

islands of Bahrainas well as Zubarah in order securelyto dorninatethe

Gulf of Bahrain and its lucrative pearling industry. Consequently, in

1783,having enlisted the assistance of their cousins the Al-Utub tribe

fromKuwaitas well as scatteredtribes fromthe Qatar peninsula,the Al-

Khalifa attackedand defeatedthe Persian grnison on the main island of

Bahrain.69

110. Following the victory over the Persians, the Al-Khalifa quickly

consolidated their control over al1of the islands of Bahrain. The leader

of the Al-Khalifa,SheikhAhmad bin MohammedAl-Khalifa(knownas

Ahmadthe Conqueror), appointeda representative to govemthe islands

of Bahrain and retumed to the Al-Khalifa capital of Zubarah. The

expulsionof Persia fromthe islands of Bahrainhad removed oneof the

principal threats to the Al-Khalifa'scontrol of the area. The AI-Khalifa

controlled the islands of Bahrain,the Zubarah region, and, through the

allegianceof local tribes, the remainderofthe Qatar peninsula.Thus the

68
Khuri,op.cd.,pp.23to 24, Ann.227, Vol4,pp.963 to964
69
LorimerVol. 1op.cit p.788 ,Ann.83, Vol. 3, 441.Al-Khalifa were able to rule over the Gulf of Bahrain and its lucrative

pearl industry.

111. From 1783-1794, the Al-Khalifa Sheikhs of Zubarah continued

building defences in the town of Zubarah. The town was reinforced by

the construction of a channel from the sea to the entrance of the fort (a

clear depression marking its route cm still be seen). Fortifications and

towers along the sideç of the channel were built to protect vessels on

their way to the fort. At the sarnetime, a mosque and several freshwater

wells to support cultivationwereconstructed. Wallswere built to protect

road access to the fort from the city gate. Thirty-five houses for the

servants ofthe Al-Khalifarulers were located alongsidethe fort.70

112. Sheikh Ahmadthe Conqueror andhis successors divided their

time equally between their two principal possessions, preferring to

reside in the islands of Bahrainduring surnrnersand in Zubarah during

winters.'l Towards the end of the 18thCentury, the Al-KhaIifa Sheikhs

decided to establish their court permanently on the main island of

Bahrain and then Muharraq Island. They appointed a governor to de

the province of Zubarah under their direction.'* There were several

reasons for this administrative shift. The islands of Bahrain were easiex

to defend than Zubarah which was vulnerable to landward attacks by

wandering bedouin tribes and also by the Sultanateof Muscat, located at

the mouth of the Gulf of Arabia. Furthemore, the abundance of fresh

70 Partsof the rnosqueand the fort were still standingas late as the eariy 1920s

whenthe Al-Khalifawouldgo to Zubarah to hawk. See Interview of Sheikh
Jasim bin Abdullah AI Khalifa by Dr. Ali Aba Hussein, Directof the
HistoricalDocumentationentre,Bahrain, conductedon 14 December 1980,
Ann.228, Vol.4, p. 976.
7'
Khuri,op.cit., p. 25,A227, Vol.4, p965.water, vegetation and agriculture coupled with a significant population

base madethe islands more habitable than the Qatar peninsula.

113. After the relocation of the Al-Khalifa court.and the centre of its

commercial activities away from the town of Zubarah,the population of

Zubarah declined. The town'sdaysas a major pearling andtrading centre

were over. It was overrun in 1809 by bedouin from the Arabian

peninsula and again in 1811 by the Sultan of Muscat in the course of

regional ~arfare.~~After this, the town of Zubarah was largely

abandoned, notwithstanding the RuIer of Bahrain's attempt to

reconstruct the town of Zubarah in the 1840s.

114. Although the tom became deserted,the region around it did not.

The Naim owed allegiance to the Al-Khalifa Rulers of Bahrain, and

recognised their authority. They continued to inhabit the region and to

recognise the authority of the Rulers of Bahrain (see paragraphs 77 to

SS).

115. Despite the decline of the town of Zubarah and the scattering of

its population, the Zubarah region maintained its strategic importance. It

was the onIy harbour and settled area along the coast of the Gulf of

Bahrain. As such, it was a potential base from which enemies of the Al-

Khalifa could attack the islands of Bahrain or raid the pearl-grounds.

Attacks on Zubarah usually camefrom the south of the Qatar peninsula.

In consequence, the Rulers of Bahrain maintained their authority

throughout the entire Qatar peninsula in order to safeguard the security

of the Zubarah region.

13 LorimerVol. 1op.cit.,pp.790to79 1,Ann.83,Vol. 3, pp443 io444.116. By 1829,Britain had determinedand acceptedthat the Rulers of

Bahrain held authority in the Qatar peninsula.74Indeed, in his Arabian

Coast Survey (rneticulouslyconductedin 1821-1 ~29~'),Captain George

Bmcks of Britain'sIndianNavy recorded that, dong the entire coast of

the Qatar peninsula from the village that was later to becorne Doha on

the one side up to the northern tip (Ra's Rakan)and on to the Hawar

Islands on the other, "the authority of the sheikh of Bahrain is

acknowledged"by al1the tribeslivingtk~ere.~"

117. The Rulers of Bahrain encountered little resistance to their

authority. In the 1X20s,Captain Bmcks estimatedthe population of the

main island of Bahrainto be some "sixty thousand In contrast,

he noted only a few inhabited places along the coast of the Qatar

peninsula.78The largest settlement observed by Captain Bmcks on the

Qatarpeninsula was "Al-BidderTown", (later to become Doha), which

contained "about four hundred Arabs, ...in the pearl season ...

augmented to about twelve h~~ndred".~E ~ven there, Captain Bmcks

74
Capt. George Bnicks of the British Indian Navy, Memoir Descriptive of the
Navipation of the Gulf of Persia with brief notices of the manners. custorns,
religion. commerce and resources ofthepeople inhabitine its shores and
idands. 821-1829 (fiom Selectionsfiom the Records of the Bombav Govt.,
No. XXIV.New Series, (1856),reproduced in Records of Bahrain pp. 104to
121),Ann. 7,Vol. 2, pp.92to 109. In Zubarahi,n the1820s, Capt.Bnicks
found a settlement of bedouin who acknowledged that they were "subject to

Bahrain."Ibidp,.112,Ann. 7, Vol.2, p. 100.
75
"Myinformationhas been obtained in the followingmander: I have proposed
to the chiefs certainquestions relativeto the tribes,and their localities, of the
revenues, trade&c, whic1 have noted, withtheir replies.1Thave done to
severalother personsatdifferentperiods,andthentaken suchof the substance
as appearedto agreethe bestIbid, p105,Ann.7,Vol. 2, p. 93.

76
Bmcks, op, ci?pp. IO7to 114,Ann. 7,Vol.2, pp. 95to 102.
77
Ibid p.116,Ann. 7,Vol.2, p.104.

79 Ibid,p. 109, Ann7,Vol.2, p. 97.confirmed that the inhabitants were, afier his usual careful enquiries,

"subjectto ~ahrain".*~

118. During the 1820s, Britain signed treaties for the suppression of

piracy with al1of the Arab sheikhdoms along the coast of the Gulf of

Arabia.No suchrreatywas signedbetween Britainand any entity having

authority over the Qatar peninsula other than the Sheikh of Bahrain. This

reflected the understanding shared by both parties tht the Ruler of

Bahrain heId authority over the inhabitants of that peninsula. These

treaties included the Agreement not to Permit the Sale in Bahain of

Property Procured by Plunder and Piracy, dated 5Febniary 1820, and

the GeneralTreaty for CessationofPlunder and Piracy by Land and Sea,

dated 23 February 1820.''

119. The Rulers of Bahrain exercised their authority over the

inhabitants of the Qatar peninsula in confomity with traditional local

custom. Even as close an observerof the history of the Gulfof Arabia as

Lorimernoted, when describing the situation in the Qatar peninsula in

the 1820s, that the authority of the Rulers of Bahrain in the Qatar

peninsula was not questioned and the Rulers were able to enforce their

authority on those who xesistedit.82

Bnicks, op. cip. 109, Ann. 7Vol. 2, p. 97. Doha Town was,atthattime "a

mostmiserableplace: nota bladeof grass norany kind of vegetationnearit"
as observed by Lieutenant Grubb of Britain's Indian Navy in 1822, in
Lt.Kemball'sMernorandaon the Resources.1.ocalitieand Relationsof the
Tribes inhabitinp.the Arabian shores of the Persian Gulf, reproduced in
Recordsof QatarVol. 1,p. 99,Ann.6, Vol.2, p. 90.

8' Airchison, op.cit.,p. 233, Ann. 1, Vol.2, p. 2, and Ann. 2, Vol.2, p. 4

respectively.
82
LorimerVol.1,op. citp.794,Ann. 83,Vol.3, p. 447.120. The Qatar peninsula was frequently used as both rehge and

power base for rnembersof the Al-Khalifa Rulers of Bahrain during the

turbulent period from 1799 to 1851. Despite dynastic and other

stmggles, the Rulers of Baliraincontinuedto exercise authority overthe

entirety of the Qatar peninsula fi-omtheir base in the Zubarah region.

This is borne out by a review of some of the historical events of the

period:

(a) In 1800,the Imamof Muskat attackedthe main islandof

Bahrain, and Sheikhs Abdullah and Salman, the joint mlers of

Bahrain following the death of their father Ahmad the

Conqueror, known as the "Uttoobee Sheikhs", proceeded to

Zubarah with theixfolIowers.The followingyear, they retookthe

mainisland of~ahrain.'~

(b) On the death of Sheikh Salman,his son, Sheikh Khalifa,

assurned joint power with Sheikh Abdullah. When Sheikh

Khalifa died, Sheikh Abdullah mled alone for a few years. In

1837, alarrned by unruliness on the main island of Bahrain, he

"preparedfor his removalto Khor ~assan~~[onthe westCoastof

the Qatar peninsula north of Zubarahj by despatching to that

place two of his wives, with their families, together with the

fumiture ofthe houses, evento the verydoo~s."~~

(c) Shortly after the death of Sheikh Khalifa, his son

Mohammed began to challengethe authority of Sheikh Abdullah

83 Warden,op.cif., Ann. Vol. 2, p. 18.

84 A localitywhose populationhabeen estimated in the 1820sat "aboutone
hundred"by Capt.Brucks, (modem day Khuwayr), Bmcks op. cit.p.112,

Ann. 7, Vol2, p100.
85
Warden,op.cit., 44,Ann.5,Vol. 2, p.38. as Ruler of Bahrain. Anxious for the return of his loyal subjects

who had fled to Abu Dhabi during an Omani raid on the main

island of Bahrain in 1799, SheikhAbdullah in 1838encouraged

his subjectsto settleinhis dominions "onthe coast of ~ut-tur."~~

(d) In 1841, the dissident Sheikh. Mohammed began to

establish pockets of opposition to the Ruler of Bahrain on "the

GU~~U ~ ~ ~ t . ~ ~ ~ ~

(e) In 1842,Sheikh Abdullah conducted reprisals against the

dissident Sheikh Mohammed and then "with a view to

concentrating and strengthening his resources on the Guttur

Coast, planned and commenced the rebuilding of ~obara.""

In 1843, Sheikh Mohammed seizedZubarah from Sheikh
(f)
Abdullah and launched a successful offensive on the main island

of Bahrain from Fuwairat, a small settlement on the northem

coast of the Qatar penhsula, and thus took power on the main

island of ~ahrain.~~

(g) Later in1843,the British authoritieswelcomed the arriva1

of an ally of Sheikh Mohammed, by then Ruler of Bahrain,in

Doha Town because "it took Dohah out of the hands of a

86 Letter from Lt. Hennell, British Political Resident, to 1.P. Willoughby,
Secretary of the Govt. of Bombay, 11December 1838, Ann. 3, Vol. 2, p. 9
andconfirmedat Warden,op. cit.pp.44to45, Ann.5, Vol.2, pp. 3to39.

*'
Warden,op. cit.p.49,Ann. 5,Vol.2, p.43.
sg
Ibid p,. 53Ann.5, Vol. 2p.47.
''
Lorimer, opcit.p. 799,Ann. 83,Vol. 3,p. 452. headman of the Sudan tribe who was more addicted to piracy

than to regularwar.""

In 1851,there was an apparentdefectionof "thetowns on
(h)
the GutturCoast"fiom the Ruler of Bahrain tothe WahhabiEmir

on the ArabianCoast.SheikhMohammed,then Ruler of Bahrain,

sent his brother to makepeace with the Emir's envoy.The two

Rulers reached an agreement which enabled the defectors once

more to become vassals of the Rulers of Bahrain providedthat

they paid a tribute "forthe return of al1[theRuler of Bahrain's]

forts". In a report by Commodore JP Porter of Britain'sIndian

Navy :

"al1the [Doha]peoplecame toAlIyben Khuleefa [AliAl-
Khalifa] to ask pardon and he pardoned them al1except
SheikhFulda],the Sheikhof Wukra ..Afterthis Ally ben

Khuleefa wanted to bring al1 the Guttur people to
Bahrein, but they saidexcuse us for 2 rnonths while we
go to fish for peads after which we will go whereveryou

like"9'

i As described above (see paragraph 7.9, the Naim tribe

hadbeen living in the Zubarahregion since the Iate 18thCentury

at the invitation ofthe Rulersof ~ahrain.~~

121. Theseevents demonstratethe link betweenthe Al-Khalifafarnily

and their ressortissants onthe Qatar peninsula. The territorial extent of

the authorityheld by the Al-Khalifa over the inhabited section of the

90 Lorimer, opcitp. 799,Ann.83,Vol. 3, p. 452.

91 Letter from Commodore Porteto Lt. Col. Hennell,British PoliticalResident,

31Juiy 1851,Ann.4, Vol. 2, 13.
92
Lorimer Vol.2, opcitpp. 1305to 1306,Ann. 74,Vol. 3, p396 10397.Qatar Peninsuia encompassed both the Zubarah region and the region

aroundDoha Town as well asall the territory in between.

122. The LPersian Gulf Pilot (1864), an officialrecord of the geography

and political configurationof the Gulf of Arabia compiled by the British

Navy, documented the authority of the Rulers of Bahrain over the Al-

ThaniandDoha, noting the limited Al-Thani role:

"The [Al-Thani] Sheikh of [Doha], who is under Bahrein, has
some authority overthe chiefs of [~oha]."~~(Emphasis added.)

123. Events in the region were tumultuousduring this period and the

authority of the Rulers of Bahrain over the scattered tribes of the

peninsula did not go unchallenged. Indeed, there was considerable

rivalry between the Wahhabis of the Arabian peninsula and the

Bahrainis. In 1862, a letter from a British officia1stationed in the Gulf of

Arabia to the Ruler of the Wahhabis requested that the Wahhabis desist

fiom:

"sowing dissension arnongst the tribes subject to Bahrain on the.
Gutter coast ...the quiet of the Chiefs and people of Bahrein
being thus constantly disturbed ...[Bahrain will declare war on

you in order to stop your interference] and independent as we
recognise the Chief of Bahrein to be 1 shall I fear be unable to
restrain him fiom the exercise of his lenitirnate rinhts and
prerogatives ..Nay it will be my dutyto respect and even uphold

thoserightsand prerorcatives (Emphasis addcd.)

In this Ietter, Britain once again confirmed its assessment that the Ruler

of Bahrain had authority over the Qatar peninsula and tliat the people

livingthere were the "people of Bahrain"

93
Capt. C.G. Constable and Lt.A.W. Stiffe, The Persian Gulf Pi(1864),
p.105,Ann. 11,Vol. 2, p135.
94
ett thm Capt.Jones,British Political ResidtoRuler of Wahabeeç,8
Febniary1862,Ann. 9,Vol. 2,p.114.124. The Rulers of Bahrain exercised theix authority on the Qatar

peninsula in a variety of ways. In 1863,asa result of complaints against

the lawlessness of the inhabitants of the south-east coast of the Qatar

peninsula, the Ruler of Bahrain appointed his cousin Muhamrned bin

Ahmad to act as his governor.In 1863,a British dispatch noted that the

Ruler of Bahrain had exercised his authority in order to prevent the east:

coast ofthe Qatar peninsulafiom being used as a pirate haven:

"jT)he Sheikh of Bahrein has, without any urging fmm me,
caused the evacuationof a place named Wukra onhis main coast,
where ...disreputable characters, usedto collect and injure Trade,
or disturb the peace. The Sheikh has brought the Chief of Wukra

to Bahrein in cust~d~."~~ (Emphasisadded.)

The dispatch is furtherevidence from a disinterested third partythat the

BahrainRuler'stenitory included the Qatarpeninsula, the eastem part of

whichwas consideredhis "maincoast".

125. At some time in the mid-1860s - it is not possible to determine

precisely when-the Ruler of Bahrain entered into an agreementwith the

Rulerof the Wahhabitribe in order to protect his subjects in the Qatar

peninsula fiom Wahhabi raids. The tems ofthe agreement werethat the

Ruler of Bahrain would pay to the Ruier of the Wahhabis a yearly sum

of money and in retur ne Wahhabis would not molest the inhabitants

ofthe Qatarpeninsu1a.96 Thisarrangement endedthe Wahhabi attacks?'

126. The RuIers of Bahrain imposed taxes and religious tithes on the

inhabitants of the Qatar peninsula as a matter of course. In 1866, the

local tribal chiefsofthe area knownas the "Gutturcoast" (Doha and its

95
Letter frornLt. Col. Pelly, British Political toH. Anderson,Chief
Secretaryofthe Goa. ofBombay,13April1863,Ann.10,Vol. 2, p. 116.
96
LorimerVol. 1,opcit.p.800,Ann. 83,Vol.3, p.453.

97 Ibidenvirons), dissatisfied at the level of taxation imposed by the Ruler of

Bahrain, rebelled against Bahrain. The Ruler of Bahrainwas incensed at

this disloyalty. In order to punish this insubordination, the Ruler of

Bahrain (in coordination with the Sheikh of Abu Dhabi as his ally)

largely destroyed Doha and Wakrah in 1867.'' When the incident

threatened to escalate fbrther,Britain, which was concerned to maintain

the maritime peace of the regfon, intervened. In 1868, Britain sent its

Political Resident, Colonel Pelly,to the city ofWakrahon the east Coast

of the Qatar peninsula in order to meet with the local tribal chiefs in the

area around Doha ~own.~~

127. Colonel Pelly heard the grievances of the rebel Sheikhs and then

compelled them to return to the Bahraini fold. He made them formally

express their recognition of the authority of the Ruler of Bahrain by

agreeing to return tothe practice of paying taxes andtribute to the Ruler

of Bahrain. Colonel Pellyimposedthese unilateral personal undertakings

on the local chiefs in two documents, dated 12 and 13 September

1868.100 In the 12 September 1868 unilateral undertaking, entitled

Agreement of the Chief of El-Kutr (Gutter) engagingnot to commitanv

breach of the maritime peace. 1868, MuhammedAl-Thani, whose

descendents became the Rulers of Qatar, bound himself to "maintain

towards Sheikh Ali bin Khalifeh, Chief of Bahrain, al1 the relations

98 LorimerVol. 1,cipcitpp.800to 801, Ann. 83,Vol.3,pp. 453 to454.

Ibid ..801,Ann. 83,Vol.3,p.454.
'0
'O0
Thetenns imposedby Britainhave occasionallybeen referred to erroneouçly
in the pastas constituting a treaty. This is not possible, however, because
while Britain regarded Bahrain as independent at that time (see para 123) it
regarded the Qatar peninsula and its inhabitants as part of Bahrain
(seepara 124).whichheretoforesubsistedbetweenme andthe Sheikh of Bahrain" .IO'In

thereiated unilateralundertakingdated 13September 1868,the principal

local chiefs, including Mohammedbin Thani, undertook that the taxes

and tribute payableby them to Bahrainwould be collected from al1the

local chiefson behalf of the Rulerof Bahrain by Mohammedbin Thani

andpaidto the Rulerof Bahrainthrough the British Gûvemment:

"We, the undersigned Chiefs, al1 residing in the province of

Qatar, do hereby solemnly agree and bind ourselves to pay to
Sheikh Ali bin KhaIifa,Chiefof Bahrein, the sums of money per
annumheretoforepaid by us to the Chiefsof Bahrein,as follows:

this total sum to be paid byus to Muhammadbin Thani of Doha
and by him ta the Resident for delivery to the agent of the Chief
of Bahrein,at Bushire:

1,700Kranson accountof theMahanda tribe,

1,50K 0rans on account of the AI Bu Aainen and Nayim
tribes,

500Krans on account of the Semsemiehtribe (Le.the Al
Bu Kuwara,who live atSumesma),

500 Kranson accountof theKeleb tribe,

1,500Kranson accountofthe Sudantribe,

2.500 Krans on account of Muhammad bin Thani (Chief

ofthe Maadhid)andthe Musallarntribe,

800Kransan accountof the Amameratribe.

9,000Kranstotal

And we, the said Chiefs, understandingthat the Bahrein Chief
clairnsfiom us a totalof 15,000Kransper mm in lieu of 9,000
as above set forth, we do hereby further agree to pay any extra

sums not aggregating a total larger than 15,000, which the
Residentafterjudicial investigationmay decree.

Article 5, Apreementof tChiefof El-Kutrenrraginpnot to commit any
Breach of the MaritiPeace.1868, inAitchison, ocit.p.183,Ann. 12,
Vol.2,p. 157. Written on the 25 Jamadi-ul-Awal 1285133th September

1868." 'O2(Emphasisadded.)

128. Following the meeting with the rebe1 chiefs, Colonel Pelly

addressed a letter to al1of the rebel chiefs of Qatar, confirming to them

the nature of the terms imposed on them and warning them of the

consequencesof any future breach of the maritime peace. 'O3The tax and

tribute terms placed Muhamrned Al-Thani on a stature equal to the six

other local tribal chiefssubject to the Ruler of Bahrain'sauthority.

129. The 12 September 1868 document was similar to the

undertakings signed by the Sheikh of Bahrain on 6 September 1868and

by the Sheikh of Abu Dhabi on 16 September 1868.'~~ Al1three were

imposed by Britain (through Colone1Pelly) in response to the breaches

of the maritime peace described above. These unilateral undertakings

were of a personal character. They were not treaties between Britain and

sovereign political entities.This is evident by contrasting the documents

rnanifestingthe 1868unilateral undertakings with various Britishtreaties

with Bahrain and Abu Dhabi. British practice in relation to Bahrain and

Abu Dhabi both before and after the 1868incident shows that from the

rnid-19th Century onward Britain concluded treaties with them

following recognised international formaIities. Thus, the 31 May 1861

Friendly Convention entered into between Sheikh Mohamed bin

'O2 Aitchison,op.ci!p..193,Ann. 13,Vol.2,p. 160.

'O3
LorimerVol. 1,op.cit.p.802,Ann.83,Vol. 3,p.455.

'O4 AgreemententeredintobyAlibin Khuleefa.Sheikhof Rahrain - 1868
6 September1868,Aitchisonop. cit.pp.236 to237Ann.3 17,Vol. 6,
pp. 1415to 1416. Agreementof theAboo DhebbeeChiefeneaeins notto
mit anvbreachoftheMaritimePeace. 186816September1868,

Aitchison,op. cit., 254to 255,Ann. 14,Vol. 2,p.161.successors. and Caritain Felix Jones. Her Majesty's Indian Na-,

Political Resident of Her Britannic Maiesty in the Gulf of Persia on the

part of the British Government was signed by Bahrain and Britain as

Parties; approved by the British Governor-General-in-Councilon 9

October 1861; and ratified by the Government of Bombay on 25

February 1~62.'~~ Suchfomalities were also observed by Britain in the

Anglo-Bahraini Treatv of 22 December 1880,~~"d in the Exclusive

Agreement of the Shaikhof Bahrein with the British Government of 13

March 1892,'07.So, too, the Exclusive Agreement of the Chief of Abu

Dhabi with the British Governmentof 6 March 1892was signed by the

Parties and ratified by theViceroy and Governor-Generalof 1ndia.lo8In

marked contrast, no such formalities were observed in relation to any of

the 1868 unilateral~ndertakin~s.'~~

130. The formalisationofthe taxes payableby the dependenttribes of

the Qatar peninsula to the Ruler of Bahrain in ths manner confirmed

him as the sovexeignauthority on the peninsuIa. This included the Al-

Thani chiefof Doha who, althoughhe had been informallyidentified as

a spokesman and tax collecter for the local tribes, had expressly

'O5
Friendly Convention enteredinto between Sheikh Mohamed in Khulee.Fa,
independent ruler of Bahrain. on the part of himself and successors. and
C C
Britannic Maies- in the Gulf of Persia on the part of the BritishGovt., 31
May 1861,Aitchison,op.ciL,pp.234to236, Ana. 8,Vol.2, pp. I1to113.

'O6
0 , 2 2 Chiefecem1er80,Aitchison,op,
cit.p.237forratification procedure,Ann.37, Volp.215.

107 F.xclusiveAgreement of the Shaikh of Bahrein with the BritGoa., 13
March 1892,Aitchison,op. cilp. 238, Ann318,Vol. 6,p.1418.

'O8
ExcIusiveAgreement of the Chief of Abu Dhabi with the British Govt., 6
March 1892,Aitchison,op.cil.,p.256,Ann.50,Vol.2, pp.247 to 248.

'O9 Theacceptanceof theunilateralundertakingçby Mohamedbin Thani andthe
Rulerof AbuDhabiwerernerelywitnessedby Col.Pellyand Capt. R. Brown
ofthe BritishNavy.acknowledged the continuing authority of the Rulers of Bahrain and

their righttodaim taxes fiom him.

SECTION 2.3 The Al-Thanifamilv erner~edfrom bein~ local tax

collectors to being chiefs of Doha Town under the

authoritvof Bahrainin 1867

131. It is not entirely clear how the Al-Thani fmily became

prominent in Doha Town. Lorimer's 1909 Gazetteerof the Persian Gulf,

in describingthe history ofthe Qatarpeninsula, noted:

"Notiiing is known of the manner in which the Al-Thanihad

attained by 1868to predominant influence in Qatar; they were
Maadhid and therefore of the Al bin-Ali, the tribe of Isa-bin-
~arif."''O

132. The Al bin Ali tribe had originally been important foIlowers of

the Al-Khalifa farnily in their 18th Century defeat of the Persians and

conquest of the islands of Bahrain. They remained loyal subjects ofthe

Rulers of Bahrain for many years after that. One of the Rulers of

Bahrain, Sheikh Abdullah, married a woman from the Al bin Ali tribe

and had three sons by her. Someof the Al bin Ali tnbe fell out with the

Rulers of Bahrain during a dynastic ~truggle."~ At some point

thereafier,the Al-Thanifamilybeganto exerciseinfluencein Doha as its

principal pearl merchants and tax collectors. In 1864,the PersianGulf

Pilo dtscribed the Al-Thani chief as having some authority over the

chiefs in the toms of Doha, Little Doha and Al Bida (settlements

"O
LorirneVol. 1op.cifp.802,Ann.83, Vol. 3, p.455.
11'
Lienhardt,opcit.pp.66to 67, Ann.225, Vol.4, p. 941 referringto Shaykh
Muhammedbin Khalifah al-Nabhani,Al-TuBatal-Nabhanivah fi Ya'ralh
wrah al-Arabivah,(1914).located within a one-mile stretch of the coast~ine).]~~ By 1868,the Al-

Thanifamilywererecognisedas chiefsof Doha.' ''

133. While Mohammed bin Thani had been identified ashaving some

standing over the other local chiefs, the geographic extent of that

standing was limited. An interna1report of the Ottoman Empire dated 8

June 1871described the roleofthe AI-Thaniinthe followingterms:

"[Mohammedbin Thani]residing in [Doha]has no rule over the
other villages. The leadershipof eachvillage has been left to the
local sheikhs. As for [Mohammed bin Thani], in respect of the
dependentvillages, he holds the position of tax collector and his

duty consists of collecting the annual taxes and the taxes from
pearlfishingfromthe pe~ple.""~

In a letterto theBritish Political Resident,Mohammed bin Thani'sson

Jasirn, who had succeeded his father as the chief of Doha Town,

describedthe geographiclimitations of his father's influenceas Chief in

1868, as well as hisownin 1881 :

"...1have no power over [theKatar coast]. You are aware of the
treaty made in the time of my father [1868]between us and the
British Govt. narnely that we were only to be responsible for
[DohaTown]andAl Wakra.

TheAl KatarCoast is verylargeandextensiveand 1have notthe
power to forbid anyone fiom landing or ernbarking and unless
you give strict orders to al1the people of Al Katar ..to migrate
andsettle in my country and be subject to me."'15 (Emphasis

added.)

Capt.ConstableandLt. Stiffe,ocit.atp.105,Ann.11,Vol.2, p.135.

'13
Lorimer,op.citp. 801,Ann.83, Vol.3, p.454.

Extract fkom Ottoman OfficiaGazette "TakvirniVekayi",8 June 1871,
Ann. 16(a)Vol. 2,p167.
115
Letter from Sheikh Jasim bin Thanj toLt. Col. Ross, British Political
Resident,9 March1881,Ann.38,Vol.2, p. 216.134. There is thus no historical basis for the assertion that by 1868

Mohammed Al-Thani was a chief independent of the Ruler of Bahrain,

or that there existed even a nucleus of an independent State of Qatar.' 16

Any possible pretensions to that effect were dispelled by Mohammed

bin Thmi himself. When confronted with troubles fiom other local

Qatari tribes in 1870,he turned to the Ruler of Bahrain for a~sistance."~

In doing so, Mohammed bin Thani expressly confirmed his

subordinationto the Ruler of Bahrain in the following correspondence:

"1 am your [the Ruler of Bahrain's] subject and want you to
inform [Britain]ofthe troubles we undergo i.18

In this rnanner,the chief of Doha acknowledged the Ruler of Bahrain to

be his sovereignas of 1870.

135. Takingal1of these factors into account, one must conclude that,

as of 1871, when the Ottoman Empire took control of Doha and its

environs (see paragraphs 140 to 142),the Rulers of Bahrain exercised

authority over the Qatar peninsula as a whole (and a fortiori of the

Zubarah region). The Al-Thani Chiefs controlled only Doha Townand

its environs.

SECTION2.4 Britain's influence in the reyion was based on

protectinp trade andkeepin~the maritimepeace

136. Britain became involved in the political affairs of the Arabian

peninsula andthe Gulf of Arabia from the 1820sprincipally due to its

Il6
Capt. Constable andLt.Stiffe, op. cit. had concluded that Mohammed bin
Thani was a local chief "who is underBahrein", p. 105, Ann11,Vol.2,
p.135..

Translatedpurportof a lettefrom Mahommed bin Thani,Chief of Doha
Town, toRulerof Bahrain,10Mmch 1870, Ann. 15,Vol.2,p. 164.commercial interestin protectingmaritime trade routes to India. Britain

did not interfere forrnally in the interna1affairs of the States in the

region, but insisted that they refiain from piracy or maritime warfare.

Britain concluded anti-piracy treaties in the 1820s with the regional

Statesandrulers,including Bahrain.Thetreaties wereaimed at ensuring

the safepassageofthe Britishships of the EastIndia Company.In return

for ensuring their maritime peace, Britain agreed to protectthe States

fromattack.

137. In order to exert influence over thecourse of events in the Gulf

of Arabia, Britain establishedaregional administrativecentre at Bushire

onthe Persian coastwhereBritain's interestsin the Gulf of Arabia were

supervised by an official with the title of "Political Resident". Other

subordinate off~cials,withthe title of "PoliticalAgent",functionedunder

the authorityoftheBritish Political Residentin Bushire.British PoIitical

Agents were stationedthroughoutthe Gulfof Arabia,includingBahrain.

The entire British administrative apparatus in the Gulf of Arabia

reported to the British Govenunent through the British Indian

Government,andafterIndia'sindependencedirectlyto ond don."'

138. The issue of control over the Qatar peninsula had never been a

significant concern for Britain until the Ottoman Empire expandedits

control into Doha in 1871. Before then, Britain had supported the

authority of the Rulers of Bahrain in the peninsula {see Section 2.2

starting at paragraph 104 and Section 2.3 starting at paragraph 131).

Following the Ottoma n xpansion, Britain'sassessment of the issue of

SeeApp. 4(II)for an organigramme of the British administrative structure in
the region. Prtorlndian independence in 1947,the British Govt. of India
was responsiblefor colonial administration ofIndia and Britain's possessions
and protectoratesinthe MiddleEXtwas mswerable to the British Govt. in
London.No substantivestinctionis madein thisMernorialbetweenthe two.control over the Qatar peninsula was informed by its larger strategic

interests in relation to the generd expansion of the Ottoman Empire in

the Arabian region. Initially,Britainwas cornplacentabout the Ottoman

advance into Doha expecting the Ottomans to cooperatein maintaining

orderin theGulfof ~rabia."'

139. AlthoughBritain did not wantto antagonisethe Ottoman Empire

overwhat it considered to be the relatively unimportantquestion of who

exercised authority overthe northernedge ofthe barrenQatarpeninsula,

Britain was firm in its conviction that it would not tolerate Ottoman

expansion north of the region of Doha (which was referred to by the

Ottomans as the "k-cazao "r province of Qatar). There was, however,no

point in rnakingthe question of authority over the northern part of the

Qatar peninsula an issue until the need arose. In 1871, the British

Political Resident, Lieutenant-ColonelPelly, obtained the agreementof

the British Governent to defer the question of csntrol over the Qatar

peninsula.121He argued that it seerned probable at that point that the

Ottoman Empire would soon withdraw from the southem Arabian

peninsulain anyevent.His reluctanceto pressthe issuewas reitcratedin

1873when he advised that Britain should defer questions of territorial

sovereigntyin the Qatar peninsulafor as long as possible. His reasoning

wasthat the time toconfiont the issue wouldbe if orwhenthe Ottoman

Empire evidenced any definite interest in expandingbeyond Doha and

its environs,lZ2

120 Saldanao, pcit.p. 1,Ann.70, Vol.2,p.289.

12' Letterfrom Lt. Col. Ross,British PoliticalResideSecretaryto the Govt.
of India,4 September 1873,Ann20,Vol.2,p. 175.

Iz2
Letter from Col. PellytoSecretaryto Govt. of India, 27 October 1873,
Ann.22,Vol. 2, p. 182.SECTION 2.5 The Ottoman Empire ex~anded into the south-east

gf the Qatar peninsula throuyh the Al-Thani chiefs

of DohaTownin 1871

140. The expansion of the activities of the Ottoman Empire into the

southof the Qatarpeninsda is an importantepisodein the history of the

region.

141. The Ottomans moved into the Arabian peninsula Eromthe north

during the latter half of the 19th Century. Shortly after the chief of

Doha'savowal of fealty to the Ruler of Bahrainin 1870(see paragraph

134 above), the mies of the Ottoman Empire reached the base of the

Qatar peninsula. The Al-Thani saw in thisdevelopment anopportunity

to break freehm Bahrain'sauthority.The chief of Doha, Mohammed

bin Thani, was understandablyreluctant to riskpunishment for a second

rebellion againstBahrain'sauthority in the Qatarpeninsula. However,at

the urging of his arnbitiousson Jasim, Mohammed binThani accepted

the umbrella of protection that might be afforded by the Ottoman

~rn~ire.'~~

142. Thus it was that in 1871,one year afier he had appealed to the

Ruler of 13ahrainfor help, the chief of Doha repudiatedthe authority of

the Ruler of Bahrain and invitedthe OttomanEmpire to take control of

his territory. The agreement between the Ottoman Empire and

Mohammed bin Thani provided for the Ottoman Empire to establish a

garnisonin Doha Town and to fly the Ottoman flag there. In return, the

chief of Doha was appointed the Ottoman assistant govemor -

Kaimmakawz - ofthe cityandwas givenOttomanprotection.

123 LorimerVol. op.citp. 803, Ann.8Vol.3, p456.143. As things transpired,the submissionof the chief of Doha to the

authority of the Ottoman Empireweakened ratherthan strengthenedhis

political position.He was subject toOttoman administrativeprocedures

and was given no authority to control the conduct of the Ottoman

soldiers and officiais. For example, in reply to a cornplaint from the

Chiefof Dubai overrobberiesof Dubai shipsin the Ottoman colony,the

British Political Resident observedthat "the robberies were apparently

committedby disorderly Turkishsoldiersover whom theArab Chiefsof

Gutturthemseiveshaveno c~ntrol."'~~ The localchiefswere subservient

to the OttomanEmpirein everyrespect.

144. In referring to the situation prevailing in Doha in September

1875, the British Political Resident's Second Assistant, Lieutenant

Fraser,madethe followingobservation:

"Mahornedbin Thani [the chiefof Doha], though now averse to,

and desirous of fieeing himself fiom the thraldom of Turkish
control,is afraidf exhibiting outward symptomsof disaffection,
which would probably result in his removal to Constantinople
anddetentionthere foran indefinite period.

Jasim Agha, the Turkish officer, is consulted in al1 matters

connected with the Chiefs policy and administrationand nothing
cm be done withouthis concurrence.Suchcuriailment of power
is extremely irksome to Mahomed bin Thani, and also to his
ambitiousson,Jasim ..TheTurkishffagis flown of course.tt125

145.
Even the limited authority the Ottomans assigned the chief of

Doha werenot, in fact,exercised.In 1887,the Ottoman Councilof State

- Departmentof Interna1Affairs noted:

"SheikhJasim has for a long time functioned onIy in name as
provincial governor in the Qatar District between Oman and
Bahrain. He stays in Qatar two or three months ayear ..nd he

Iz4 Saldana,opcitAnn.70,Vol.2, p.291.

IZS Ibid A.,n.70,Vol.2, 299. spends the rest of his time with the tribes in the desert... lt is
essential that you ... immediately relieve Sheikh Jasim of his

official authority and appoint in his place a different
governor." L26

As will be recalled, the Ottoman Empire used the tem "Qatar" (and

similar spellings)to referto Doha and its immediate environs.

146. The status of the chief of Doha had deteriorated by 1888. He

Iived in fear of the Ottomansand was concemed that their erosion of his

power and their onerous occupation might combine to drive away the

locai inhabitants. The Political Resident, Lieutenant-Colonel Ross,

observedthat:

"he does not know what the Turks may do to him and the
inhabitants of El Katar; the latter are Bedouins and own no date

plantationsor other landed property, that might compel them to
patiently beâr any oppression; and possibly they may leave the
place andgo elsewhere,as it is intimated."Iz7

147. The Ottomans and the Al-Thani shared a mutml interest in

expanding the range of their authority beyond Doha and its environs.

But they werejointly and severdly unsuccessfhl in realising that interest

(see Section 2.6 starting at paragraph 156 and Section 2.7 starting at

paragraph 167). Relations between the Ottomans and the Al-nani

deteriorated and the chief of Doha began to seek other ways to ensure

his independence and perhaps expand his jurisdiction. In 1893, Jasim

Al-Thani,whohad succeededhis father as Chief, began courtingBritain

in an attempt to escape fiom his relationship with the Ottoman

126 Report,18 January 1887, from Ottoman Councilof State-Department of
Interna1Affairs conceming refoms in the province of Ann. 39,Vol.2,

p.217.
'27
Letterhm the British Political Agent, to Lt. Col. Ross, British Political
Resident,27 June 1888,Ann43,Vol. 2, p.234.~rn~ire,'~~ even though that rnight havemcant risking that Britain would

continue to support the Ruler of Bahrain's sovereignty over the entire

Qatar peninsula, possibly includingDoha.

148. In 1893,in a meeting held with the British Political Resident in

Wakrah, the chief of Doha offered to return to paying tribute to the

Rulersof Bahrain. Itwas reported bythe PoliticalResident that:

"Shaikh Jasirn at once acknowledged the rights of Bahrain and

expressedhis willingness to pay tribute asbef~re."'*~

The British Political Resident also reported that the Chief would like

British protection:

"When Shaikh Jasim had finished what he had to say about past
events, 1asked him what his views were as to the future.He said
that he wished for British protection, and a place of safety to
which he might retire."I3'

149. In 1898,the chief of Doha took a leadingpart in an attack against

the Ottoman garrison in ~oha.'~' As punishment, the Ottomans

confiscatedthe Chiefs property.

150. Relations between the Ottomans and the Al-Thani continued to

deteriorate andthe Al-Thani continued to cultivate contacts with Britain.

In November 1898, Ahrned Al-Thani, a brother of the chief of Doha

made it clear in an interview with a British naval officer, Lieutenant

Robinson, that it was their wish to tum out the Ottomans "and they

l2hSee letter fromLt. Col. Talbot, British Politicaf Resident, to Secretary to
Govt. of India7 May 1893,referring to his meetingwith Chief of Doha at
Wakrah, Ann. 51,Vol.2,pp. 249to 253.

'29 Ibid, Ann.51,Vol.2, p.251.

I3O See letter from Lt. Col. Talbot, British Political Resident, to Secretary to
Govt. of India7 May 1893, referrinta his meetingwith Chief of Doha at
Wakrah,Ann. 51,Vol. 2,p. 250.

Saldana,op.cit.p.45, Ann.70,Vol. 2,p.333.would be pleased to enter into the same treaties with the British

Gaveniment as havetheTrucialChief~".'~~

15 1. By 1900,Ottomaninterestin the Qatarpeninsulawas decreasing.

Britain began reconsideringits policy towardsthe chief of Doha and the

Qatar peninsula. British ofiïcials commented on the desirability of

obtaining a better hald on Qatar and of coming to some permanent

arrangement wlth SheikhsJasim and ~hrned.'~~

152. In 1902, the Al-Thani renewed their offer to switch allegiances

fiom the Ottomans and corneunder British protection. They expressly

acknowledged that the Ruler of Bahrain had a significant and

authoritative presence on the Qatar peninsula. The Assistant British

Political Resident, J.C.Gaskin, reported in July 1902 that the chief of

Dohahad promised that:

''if[the chief of Doha] were taken under the protection of His

Majesty'sGovernment, he would reside at any place in Katar
approved by the Government and further that he would hold
himself responsibleto keep the seasround Katarfree frompirates

and would CO-operatewith His Majesty's Government and the
Chiefof Bahreinin any matterswhichmight concernthem onthe
mainland." 134

153. By 1902, some British officials had begun occasionally to refer

to the chief of Doha as the "Chief of Qatar". Nonetheless, Britain

rernaineduncertainof the precise statusthat could properlybe attributed

to the Al-Thani. In 1902, the British PoIitical Resident, Colonel

Kernball, requested authority fiom the British Secretary of State for

Indiato makeenquiriesabout theprecisestatusand extentofjurisdiction

'32 Saldana,op. ci.,46,Ann.70,Vol. 2,p.334.

'33
Ibidp.48,Ann. 70,Vol.2, p.335.
'34
Saldana,op. cit., p.49,A70,Vol. 2, p.337.of the chief of Doha. In July 1902,the Governrnentof India observed

that:

"shouldit prove that the Sheih is establishedas Chief of Katar,
we would propose to authorise ColonelKemball to conclude

with him an Agreement similar to thase which have been
executedwith the TrucialChiefsof theArab ~oast."'~~

154. However, despite Britain's interest in developing relations with

the Al-Thani, the investigationsof British officiaisin the regionrevealed

that their authority was still not extensive. Indeed it was, in fact,

diminishing. The Assistant British Political Resident, J-C. Gaskin,

observedin 1903that:

"theinfluenceofthe Thanifamily was likelyto decreasein Katar
because most of the Arabs being pearl divers, who had grawn

rich by the bounty of Sheikh Jasim, would soon be less
dependent uponhis bounty." 13'

155. The precarious position of the chief of Doha and his farnily in

terms of their limitedauthorityin the Qatar peninsula,even atthat time,

was underscored by the British Political Resident, ColonelKemball. He

concluded that an agreement between Britain and the chief of Doha

would enablethe latter to consolidatehis standing with the local tribes

becausehe could therebyoffer them protection against the Ott~rnans.'~'

Ul.timately,Britain decidednot to enter into such an agreement for fear

of creating an Anglo-Ottoman cri si^.'^'

13' Suldana,op.citp. 50, Ann.70,Vol. 2, p. 338.

136 lbid, p. 55,Ann.70,Vol.2, p. 343.

'37
Ibid,p. 56,Ann.70, Vol.2, p. 344.
13*
Ibidpp.52 to 53, Ann.70, Vol. 2, pp.34to341, citing a report frthe
BritishAmbassadorto Turkey, Sir N. O'Conor,to the SecreofiStatefor
Indiaof 14March1903.SECTION2.6 The Ottoman Empire's authority in the Oatar

peninsula never exuanded beyond Doha Town.and

its environs

156. At this point it may be helpful to consider in greater detail the

geographicalextent of theOttoman and Al-Thaniauthority on the Qatar

peninsula.

157. At the time that the Ottoman Empire sentits garrison toDoha in

1871, the local Chiefs authority was Iimited to the town and its

environs. Britain'sevaluationwas that the Al-Thani family only had the

power to grant a limited "foothold" on the Qatar peninsula. A secret

report to the British Secretary of State for India dated 22 May 1879,

ernphasisedthat:

"...whateverfoothold [the Ottoman Empire] may have acquired
in El Katr was obtained ..by the invitationof the local chiefs of

(~oha)."'~~

158. This evaluation cm be confirmed by reference to a similar

evaluation by the Ottoman Empire. In a report dated 8 June 1871,the

Ottomansconfirmedthe limited extent of the area controlledby the Al-

Thani :

"the leader residing in (Doha) has no rule over the other

villages."l40

159. In IBl, even after nine years under the controlof the Ottoman

Empire, the chief of Dohaacknowledgedin a letter dated 9 Mach 1881

to the British Political Resident, Lieutenant-Colonel Ross, that his

139
Govt.of 1ndiaForeignDept.MemorandumNo. 127, 22 May 1879Ann. 36,
Vol.2, p21 O.
14'
Extractfrom Ottoman OfficialGazette"TakvimiVekayi", 8 June 1871,
Ann. 16,VoI.2,p. 167.authorityonthe Qatar peninsulawas lirnitedto DohaTown andWakrah.

In it, the chief of Doha describedthe geographic limitations of his own

authorityin the followingmanner:

"You mite to me that 1should keep guard over the wholeof the
Katar Coastbut 1haveno power of it. Youare awaseofthe treaty
made in the time of my father [1868] between [the Al-Thani
farnily] and the British Govt. namely that we were only to be

responsiblefor [DohaJand Al Wakra.

TheAl KatarCoastis very large and extensiveand I have not the
power to forbid anyone fiom landing or embarking unless you
give strict orderstoal1the people of AI Katar ..to migrate and
settle in my country and be subjectto me. 1should then be able

to prevent disturbances on the Katar Coast. 1 have before
revortedyouthis stateof the case and that 1am powerless.I even
fear for myselfandmy property."(Empliasisadded.)14'

160. As was described above, Britain'sprimaryinterest in the area

since 1820, when it had organisedthe anti-piracytreaty system with the

sheikhdomsdong the southernshoresof the Gulf of Arabia, had been to

securethe traderoutes toIndia(see paragraph 136). It became apparent

to Britain that the Ottoman Ernpi~e was unableeffectively to control

even the part of the Qatar peninsulathat it occupied. The local chiefs

around Doha shelteredunder Ottomanprotection, but theOttomanshad

not assumed govemental responsibilities in order to control the

activities of the local chiefs. In a letter dated 19 December 1874,

Lieutenant-ColonelRoss,the Political Resident,observed:

"Thechief causeof embarrassmentas regardsthe maintenance of

peace and neutralityby sea between Bahreinand Katar lies in the
present uncertaintyas to the question with whom responsibility
rests. The various mainland Sheikhs may shelter themselves
under Turkish protectionwhilst the latter powerhas not formally
assumed Government duties. Were the responsibilities more

14' Letterfrom SheikhJasimbin Tani,Chiefof Doha Town,tott. Col.Ross,
BritishPolitical Resident9, Mar1,Ann. 38, Vol.2, p.216. decidedly fixed the constant inconvenient anxiety about Bahrein

would di~appear."'~~

161. By December 1887, Britain had concluded that it would not

recognise Ottoman sovereignty over the "sea Coastof ~atar",'~~i.e. over

the settled parts of the peninsula, as there were no inland settlernents.

Britain had decided that the Ottomanswere unable to control the tribes

in the areas in which they exercised authority, or to maintain security

over the adjacent waters. By December 1887, the British Political

Resident, Lieutenant-colonel Ross observed:

"after his further experience and observation of the mode of
procedure and policy of the Turkish authorities on the Arabian
side of the Gulf, it seemed hopeless to expect a state of security

to result from Turkish exclusive control, even where they were
firmly established."'44

162. In the modern era, the term "Qatar"refers to thepeninsulaof that

name and the State that occupies most of the territory on the peninsula.

The Ottoman Empire, however, used the term kaza (or province) of

"Katar" to refer only to Doha and its en~ir0ns.l~~The Ottoman Empire

considered the province of Qatar to be distinct from the Zubarah and

Odaid regions. An exarnpleof this is a report of the Ottoman assistant to

the governor of Qatar that distinguished between "Zubarahand Udaid

and "thetom ofKatar itself '.14"

142 Saldana,op.cit., 3,Ann. 70,Vol. 2,p. 295

143 Ib- p.32'Ann.70,Vol.2: p.320.

144 Ibid.
'45
OttomanReport, 1891-92, referring to "Town of Katar"and its "dependent
villages",Ann.49, Vol.2, p245. See mapof the Velayat oBasraprepared
by Capt. Izzetof the Imperia1 Amy of the Ottoman Empire (1878),
reproducedfollowingpage6.

146 Letrerdated7Novernber1891fromthe Ministryof the AssistantKairnmakarn
of Qatar,Ann.48, Vol.2, p.243.163. Arnapofthe OttomanEmpire,drawnup in 1878, described three

political entities on the Qatar peninsula: Qatar, Zubarah and dai id.'^^

An Ottoman report of 1891-1892notes the existence of the kaza of

"Katar" and its "dependent villages".148Not only did the Ottoman

Empire distinguishbetweenthe three parts ofthe Qatarpeninsula,it also

recognised that it did not exercise authority in Zubarah. A letter of 7

November 1891fromtheMinistry ofthe AssistantKaimmukumof Qatar

notes:

"If a govemment is now established in Udaid and Zubarah then
the Kazaof Qatarwill be ableto benefit from the pearl fishing in

this area.14'

Thus, the appointment of Jasim Al-Thani as the Kaimmakam(or

govemor) of "Qatar" by the Ottoman Empire referred only to his

appointment as Ottoman governorof Doha Town and its environs.As

late as 1909,the OttomanEmpireand Brirainwere both operatingunder

the sameunderstandingthat the Ottoman provinceof Qatar was distinct

from Zubarahand Odaid.In a report concerningOttomanjurisdiction in

the Qatar peninsuia dated 27 January 1909, the Ottoman Foreign

Minister confirmed:

"The BritishGovernmenthas alwaysrepeatedher rightto protect
the shoresofZubarahand dai id..."."^

'47 Seemapof the Velayalof Basra prepared by Capt.Izzetof the IAmyria1
oftheOttoman Empire(1878),reproducedfollowingpage6.

14' Ottoman Report, 1891-92, referringto "Townof Katar"and its "dependent
villages",Ann.49, Vol.2, p. 245.

14'
Letter fromthe Ministry of the Assistant Kaimrof Qatar7November
1891,Ann.48, VoI.2, p. 243.
''O
Reportof Ottoman Foreign Minister, 27 January 1909, Ann.75, Vol. 3,
p. 402,14 By 1893 the chief of Doha wanted to be rid of the Ottoman

Empire and also leave Doha because he could not control its

inhabitants.I5l He negotiatedwith Britain for protection in the eventthat

he expelled the Ottoman garrison from Doha and then left to settle

elsewhere. The British Political Resident expressly excluded Zubarah

and Odaid as possible places fox his resettlement. When the British

PoliticaI Resident raised the issue of Bahrainfsclaims to "Katr"" :(the

chief of Doha Town) at once acknowledged the rights of Bahrein, and

expressedhis willingnessto pay tribute as bef~re."'~~

165. Interna1 Ottoman documents from 1900 confirm that the

Ottomans believed that Britain was not content only with influence over

the principal islands in the Gulf of Bahrain but had "widened its claim

and tried to include Zubara and Ujayd [Odaid] territories under its

infl~ence".'~~As Bntain could only claim influence over Al-Khalifa

lands, the attitude reflected a recognition of the Ruler of Bahrain's

sovereign rights over that territory. This recognition of Britain's

influence (and accordingly Al-Khalifa sovereignty) over the Zubarah

region was practically demonstrated by the placing of five British ffags

on the shores of Zubarah in 1902,an event reported by the Commander

of the 6th Ottoman arrny and passed on to the Grand Vizib ry the

Minister of the 111terior.I~ritain's positiowas confirmed to the new

governor of Odaid when he called at Bushire on the Persian Coastand

15'
Letterfrom Lt.Col. Talbot, BritishPolitical Resident,to Secretary to the
Govtof India,7 May1893,para.7,Ann.51, Vol. 2,p. 249.

15' Ibid, Ann.51, Vo2,p.251

153 Ottoman "Reporton Bahrein"from Council Chamber,22 April 1900,
Ann.64,Vol.2, p.273.

Is4
Memorandum fromOttomanChiefClerk'sOffice,30 March 1902,Ann.65,
Vol. 2, p.277, anda letter from Miniofethe Interiorto GrandVizi,
April1902,Ann.66,Vol.2, p.279.met with the assistant to the British consul (the Political Agent) at

Bahrain. The assistantconfinned that Zubarah was attached to Bahrain,

that Bahrain was under British protectionand that no Ottoman official

would be allowed to go there.''' Diplornaticefforts in Londonin April

1903resulted in an agreementby the Ottoman Empire that a governing

officia1would notbe sentto 2~barah.l~~

166. The modem usage of the word "Qatar"to refer to the State of

Qatar,andto encompassthe peninsulaas a geographicunit, did not gain

currency untilafterthe 191 6 Anglo-Qatari Treaty discussed in Section

2.10 (startingat paragraph215).Thus, the fact that the Ottomanrecords

might:occasionally referto the province oQatardoes not meanthat they

or anyone elçe conceived that their authority, evenlessso that:of the

chiefsof DohaTown,extendedthroughoutthe Qatarpeninsula anymore

than the modern use of the word "America"to refer tothe United States

of America means that the speaker thinks that the United States of

Americaexercisejurisdiction throughoutthe American continent.

SECTION2.7 The Ottoman Empire and the Al-Thani were

rebuffed in six attempts to exercise authority over

the ZubarahRegion (1874 ,878. 1888. 1891, 1895

and 19031

167. The fact that neitherthe Ottoman Empirenor the chiefs of Doha

ever extendedtheir authoritybeyondthe area around Doha - particularly

not to the Zubarah region - is evidenced by their no less than six

lS5 Letterfrorn Mudir (Governorj of Odaid Grand Vizir1 April 1903,
Ann.68,Vol. 2,p. 282.

156 Letter fiorn Oüornan Ministry of the Interiorto the Province of Basra,
30November 1911,Ann. 79,Vol.3, p. 416.attempts at expansion from 1874 to 1903.In the face of Britain'sand

Bahrain'sopposition, each attempt ended in failure. Ttis to these failed

attemptsthat the analysisnowtums.

18. The Ottoman Empire was in anexpansivephase when it sent its

garrison to Doha in 1871. It was eager to expand its influence and

authority in the region and simdtaneousIy to diminish that of Britain.

The chief of Doha himself had designs on the territory of the Ruler of

Bahrain, particularly his dependenciesin the Qatar peninsula,including

the Zubarah region. This coincidence of interests resulted in the

concerted attempts of the Ottomans and the Al-Thani to expand the

geographicalscope oftheir authoritynorth of Doha and its environs and

intoZubarah.The firstattemptby the OttomanEmpire and the Al-Thani

to expandnorthwardintoZubarah occurredin 1874. Itbroughtthem into

both indirectand direct conflict with Bahrain and Britain.

169. In the surnmerof 1873,an Ottoman detachmentaccompaniedan

Ottoman offlcer named Hossein Effendi to Zubarah in order to try to

persuade the BahrainiNaim tribe to corne under Ottoman After

this failed,in early 1874,the OttomanEmpirebegan supporting indirect

attacks by bedouin tribes against Bahrain's island and mainland

territories.lsgAt the sarne tirne, the Ottoman Empire encouraged the

chief of Doha to attack Zubarahdirectly. The latter cornplied,enlisting

200 mercenaries of the Beni Hajir tribe, a bedouin tribe from the

mainlandof Arabia,to assist himin carryingout the atta~k.'~~

15'
IbrahiA mli Abdel,BritishPolicv rowards Bahrein and Qatar 1871-1914
(PhDthesis)p. 111Ann. 230, Vol.4,p.985.

lS8 Saldana,op.cit.p.4, Ann.70, Vol. p.292.

'59 Ibid,atp.11,Ann. 70,Vol.2, p.299.170. The attack was a fadure. The British Political Resident,

Lieutenant-Colonel Ross, telegraphed on 12 September 1874,16'

following theBeniHajir attackon the Zubarahfort:

lt(T)hesrnallsurnmer garnison of Zubarahheld out gallantlyuntil

relieved by their fellow tribesmen, who suddenly retumed in
strengthfi-omBahrainand the pearl banks and inflicteda severe
defeatuponthe assailant~.'''~'

171. The Ottoman Empire complainedto Britain about Bahrain's

a~tivities.'~Britain rejectedthe Ottomancornplaintout of hand on the

ground that Zubarah hadnever been an Ottomanpossession but rather

that it had:

"been hitherto consideredby the Sheikhs of Bahrein, past and
present, as a dependancyof [Bahrain], and used as a summer

residence."'"

172. The next attempton Zubarah came in 1878.In that year, Sheikh

Jasimbin Thani,now chief of Doha,launchedan attack againstZubarah

in conjunctionwithNasir bin Mobarik,a renegademember of Bahrain's

ding Al-Khalifafa~nil~.'~~ ~he town of Zubarah was destroyedin the

attack. No attempt to settle the Zubarah region was made by the

Ottoman Empireorthe chiefof Dohauntil 1888.As the British Political

Residentcommentedin 1888 :

"TheTurkshave nothitherto assertedor exercised any authority
orjurisdictionoverZobarahand the othervillages onthat part of

the Katarpromontory ...16'

'"
Saldanq op. cit.,p.4,Ann. 70,Vol. 2,p. 292.

Lorimer Vol.1,op.ci!,p. 906, Ann. 83, Vol.3, p.494.

Ib2 Saldana, opcil,p. 6,Ann.70, Vol.2,p.294.

16' Saldana, op. cii., p. 6,Ann.70, Vol. 2, p. 294.

lti4 Lorimer Vol. 1,ap.cit..,08,Ann.83,Vol.3,p.496.

165
Saldana, op. ci..34,Ann.70,p. 322, Vol. 2.This supports the conclusion that neither the Ottoman Empire nor the

Al-Thani exercised authority in the Zubarahregion after the 1878attack.

173. In 1888 the Rder of Bahrain and Britain discovered that the

Ottoman Empire was planning to rebuild the town of Zubarah and settle

it with people from tribes that were under Ottoman control. The

Ottoman Empire'sintentionwas to occupy it and reinstateitas a leading

centre of trade in the area and therefore divert vade (and accornpanying

customs duties) from Bahrain, through which most trade in the region

passed. As the VaIiof Basra, an Ottoman official, noted in a letter dated

12April 1888:

"If Zubarah is reinstated to its former position of importance and
customs duty is taken fkomthe goods taken on land there, this
wilI secure an income for the Treasury and at the sarne time the

areawill be stimulati166rom there to the town [Kasaba]of Qatar
al1along the Coast...

174. The report goes on to suggest that the chief of Doha intended to

rebuild the city. The Ruler of Bahrain and Britain reacted with alarm to

the proposal. The Ruler reiterated to Britain his claim to dominion over

the Zubarah region, which he had never released despite his agreement

not to be involved in affairs on the mai111and.l~W ~ hen advised of the

plan, the British Political Resident, Colonel Ross, telegrammed the

Government oflndia:

"In view to opposing further extension Turkish jurisdiction,

safety of Bahrain, and security of seas, 1consider important that

166 Letterhm Vali of Basra to Head Clerk of Padiçhah, 12 April 1888,
Ann.42(a),Vol.2, p. 21.

16'
Letterfrom Col. Ross, British Political ResidtotSecretaryof Govt.of
India,17March1888,Ann. 41, Vol.2, p228. any settlement at Zobarah should be forbidden and prevented by
us

In a letter to the Secretary to the Goverment of India, Foreign

Departmentof 17March 1888,the Resident added:

"The Turks have not hitherto assented or exercised my authority

orjurisdiction over Zobarah and the other villages onthat part of
the Katr promontory, and the policy of the Government of India
has been adverse to allowing them to extend their authority in
that ~istrict"16'

Britain was opposed to the rebuilding of Zubarah, recognising, inter

dia, the Ruler of Bahrain'stitle to sovereigntyoverthe region.17'

175. In October 1889,the Ottoman Governor of Nejd proposed to the

Ottoman Goveniment that it establishsub-governorships at Zubarah and

0daid.171 By November 1889, the Ottoman Empire had formally

decided on the establishment of officiais in Subarah.and Odaid and had

even assigned salarie^. T"^e Ottomans realised the benefits that would

result fiom thecontrol of the pearIfisheries:

"Ifa govenunent is now established in Udaid and Zubarah then

the Kaza of Qatarwill be able to benefit from the pearlfishing in
this a~ea.""~

16' Telegrarn from Lt. Col. Ross, British Political Resident, to Foreign Dept.,
Govt.oflndia, 12March 1888,Ann.40, Vol.2, p. 227.

'69 Letter from Col. Ross,BritishPoliticalResident,to Secretaryto the Govt. of

India,ForeignDepartment,17March 1888,Ann.41, Vol. 2, p. 228.
I7O
Letterfiom Col.Ross, British Political Residentto Secretary of Govt. of
India, 17March 1888,Ann.41, Vol.2, 228.

17' Reportfrom Governor ofSwk of Nejd to Minister of Interior including
recommendationsfor reforms in Nejd, 9 October 188Ann. 44(a), Vol2,
p.236.

'72 Ottoman Cabinet Minutes,27 November 1889,Ann.45(a), Vol. 2, pp.238 to
239.

'73
Letterbrn the Officeof Assistant Governorof Qatar, 7 November1891,
Ann.48(a),Vol.2, p. 243.176. The Ruler of Bahrainobjected to this proposal, concerned again

that his rights in Zubarah would be violated. He wrote to the British

PoliticalResident, Lieutenant-ColonelRoss,that:

"Now officers ofthe Turkish Govemment intended for Zobara

and Odeyd have arrived and proceeded to Katr, and from what 1
have ascertained, they are hopefùl that Sheikh Jasim bin Thani
will rebuild Zobara,and appoint one of themto be a Mudir of the
ii174
place....

177. The Ottoman Empire abandoned its proposal because the

inhabitants of Zubarah refüsed to submit to its authority. As the

Ottomansthemselves laternoted:

"In the year 1890-91, [Zubarah] refùsed occupation by the

Ottomans and when it was learned fram the note sent to the
Ottoman Ambassador in London on 30April 1903 that
administrativeofficials were to be appointed for Zubara, Ujeyd
[Odaid]and Vekre [Wakrah]t,hey were told of agreements from

the Porte, oral.and written assurances, that a governing official
would not be sent." 17'

Once again, Britain upheldBahrain'ssovereignrights andobjected to the

Ottoman Empire. The sub-governorshipproposal was abandoned.

178. In April and May of 1895, the Ottoman Empire md Jasim Al-

Thani, the chief of Doha, jointly encouraged Al bin Ali tribesmen who

had settled on the main island of Bahrain to leave it and settle at

~ubarah'~~under the Ottoman flag. Sheikh Jasim also threatened the

Naim tribespeople who lived in Zubarahwith a view to their changing

174 Letter fiom Ruler of Bahrain to Col. Ross, British Political Resident,
11February 1891,Ann.46/47,Vol. 2, p.242.

175 Leiter from Ottoman Minishy of the Interior to Basra Province concerning

Zubarah,30 November 1911,Ann.79(a)Vol. 3,p. 416.
17'
Letters fiom Col.Wilson, British Political Resident,to Chiefoftooha and
Chiefof Ali-bin-Ali,22April 1895,Ann.54, Vol.2, p.260 and Ann. 55,Vol.
2, p. 261respectively. See alsoSaldana,op.cit.,Ann 70,Vol.2, p. 330.allegiance from Bahrain to him.'77Sheikh Jasim and local Ottoman

officialssailedwith afiotillaof dhowsto the town of Zubarah, occupied

italong with theAl bin Ali tribeandraised the Ottomanflag.

179. These activities came to the attention of the Ruler of Bahrain.

Promptedby his protests, and citingas its motivation theRuler'stitle to

the Zubarah region, Britain dispatcheda warship to Zubarah in arder to

displacethe Ottomansand the forcesof Sheikh Jasim Al-Thani. Captain

J.H. Pelly, the British commander, orderedthe Al bin Alitribe to leave

Zubarah. When they failed to do so, several Al bin Ali boats wcre

~eized'~a ~ndBritain sent adiplomaticprotest tothe OttomanErn~ire."~

180. On 6 September 1895, in the face ofthe stand-off,Captain Pelly

conveyed a messageto SheikhJasirn,who was still in Zubarah, advising

him to surrender and leave Zubarah. When no reply was forthcoming,

Captain Pelly opened fire on the Al-Thani fleet with his warship. The

warship destroyed 44 dho~s.'*~Ovemight, the Ottoman officials left

Zubarahwiththeir flagand SheikhJasim surrendered.18'

181. Zubarah was entirely vacated by the Al bin Ali tribe, Sheikh

Jasim and the Ottomansby 20 September 1895,in accordancewiththeir

terms of their surrender set out in a letter of 7 September 1895 fiom

177 Letter from Lt. FraseActing Assistant Residento Lt. Col. Ross, British

PoliticalResident,8arch 1895,Ann. 53, Vol.2, p. 256.
17'
Letter from Capt. Pelly, Commander and Senior Naval Officer, to Col.
Wilson,BritishPolitical Resident,9 July 1895,A58,Vol. 2,p. 264.

179 Merno. fiom Col. Wilson, British Political Resid5nJuly 1895, Ann.57,
Vol.2, p. 263.

''O Letter from Col. Wilson, British Political Resident,to Seto Govt. of

India, 13September1895,Ann.62,Vol. 2, p. 268.
Is1
LetterfromCapt.Pelty,Commanderand SeniorNaval Oficer to Col.Wilson,
BritisholiticalResiden7,September1895,Ann. 60,Vol. 2, p. 266.Captain Pelly to Sheikh ~asirn."~Zubarah was once again left to the

Naimtribe andthe Ruler of Bahrain.

182. The Zubarah incident in 1895caused a greatdeaI of friction in

Anglo-Ottoman relations. The Ottomans demanded that the various

boundarieson the shoresof the Gulfbe clarified.It is interestingthat in

1897the Ottomansclearlyunderstoodthat Britain's intervention was not

solely to protect themain island of Bahrain. Significantly, anOttoman

reporton the Zubarahaffair datedMay 1897notes:

"Britain claims that Zubarah is under the control of Bahrain

which it claims is under British protection, and Britain insists
that the Ottoman state has no rights of sovereignty over itUutg3
{Emphasisadded.)

In 1903,the OttomanEmpire once again attempted to establish a
183.

colonial administrative unit in the Zubarah region. The Ottomans

appointed a mudir, or sub-governor for the Zubarah region. However,

Bahrain immediately protested to Britain. Britain was well aware of

Batirain'sposition in relation to the Zubarah region. Indeed, the British

Political Resident,ColonelKemball, observedatthetime that:

"the occupation of Zobara [by the Ottoman Empire] would be
viewed with the greatest concern by the Chief of Bahrein, who
considersthe placeto be an appanageof his, andwhose rights we
arebound ta maintain...".l(~m~hasisadded.)

184. Following Bahrain'sprotest, Britain vigorously and successfully

opposed the intended Ottoman expansion. The reason for this

lg2 Letter fiom Capt.Pelly,Commander and SeniorNaval Officer,to Chief of
Doha,7 September1.895A,nn.61,Vol. 2, 267.

18' 3ttoman Report on the Zubarahaffair3 May 1897,Ann. 63(a),Vol.2,
p.269.

'84
Letter hm Lt. Col. Kemball, British Political Reçtoeûovt. of India,
23March 1903,Ann. 67, Vol. 2,p. 281.opposition, as cited by the Viceroy of India himself, was "(Britain's)

relations with I3ahrein".ls5This suggests that Britain supported,at least

publicly, Bahrain'sassertion of its rights over the Zubarah region and

agreed with the Bahraini view that Ottoman occupation of Zubarah

wouIdbe a threatto Bahrain'ssafety.

185. This is confirmedby records fi-ornthe Ottoman Empire archives

which indicate that Britain warned the individual who had been

appointed by the Ottoman Empire as mudir (sub-governor) of Zubarah

that:

"Zubarahwas attachedto Bahrain, that BahrainwasunderBritish
protectionandthat no [Ottoman]officia1would be allowedto go
there..."lS6

186. After diplornatic complaints, the Ottoman Empire agreed to

withdrawthe appointmentof a rnudirat Zubarahand also fromthe town

of Wakrah .7

187, These six attempts by the Ottoman Empire and the Al-Thanito

extend their authority into the Zubarah region demonstrate three facts

that are importantto the presentcase.First, neitherthe Ottomansnor the

Al-Thani in fact ever succeeded in establishing their authosity in the

Zubarah region throughout this period. Second,the Ruler of Bahrain

consistently maintained his claim to the Zubarah region during this

period. Third, Britain continued publicly to support the Ruler of

Bahrain's claimto the Zubarahregion.

Iss Saldana,op,cit.p.51, Ann.70,Vol.2, p. 339.

ls6 Letter hm Mudir of Udaid to Grand Vizi1rApril1903,Ann.68(a),Vol. 2,
p.2x2.

18'
Letter fiom Sir N. O'Conor {British arnbassador to Constantinople)to
Marquessof Lansdowne (ForeignSecretary - British Govt.), 13June 1903,
Ann.69,Vol.2, p. 284.SECTION 2.8 The Ottoman Ern~ire's influence in the reeion

declined from 1905 and the Ottoman Em~ire

finally withdrew from the Province of Oatar in

1915

188. The ejection of the Ottoman Empire and the Al-Thani from

Zubarah in 1895 and their continued inability to extend their authority

over the entirety of the Qatar peninsula lefi matters in the Qatar

peninsuIa in a state that was satisfactory neither to Britain nor to the

Ottoman Empire.

189. As lateas 1907, Ottoman records suggest that they had no real

control on the peninsula and that Jasim Al-Thani had no power beyond

Doha Town. In a report dated 24 December 1907,the Govemor of the

Ottoman province (Sanjak)ofAkkawrote:

"In Qatarwhere the Ottoman coast ends, despite the presence of

a majorJcommander with soldiers, the seauort town of Qatar is
under the independent control of a Sheikh cdled Jasim Al
ha ni."" Emphasis added.)

190. In December 1908, Britain formally confirmed to the Ottoman

Empire that it did not recognise Ottoman sovereigntyover the peninsula

and wouId not accept any interference t.he~-e.'~ T~his was the case a

forfiow rith Zubarah. The Ottoman Foreign Minister noted in a report

concerning Ottomanjurisdiction in Qatar dated 27January 1909:

"The British Govemment has always repeated her right toprotect
ri190
the shores of Zubarahand Udaid ...

ls8 Reportby Governorof Sanjakof Akk24 Decernber1907,Ann. 72(a)Vol.
3,p. 364.

lS9 Telegram sent by Muharram Pasha, Vali of Basra, 5 Decernber 1908,

Ann.73(a),Vol.3, p. 368.
''O
ReportoftheOttoma ForeignMinister,27 January190Ann.75(a),Vol. 3,
p.402.191. Although the Ottomans designated Zubarah as a nahiye (or

sub-district), the Ottoman Empire's own records show as late as 1909

thatthe Ottomans had:

"neverhad officia1administration representingthe state nor have

they undergone anydeveloprnent orimprovement."lgl

The Ottoman Empire attempted to constmct a government building,'92

but like al1the other Ottoman plans for Zubarah,it came to nothing.

192. Due to greater strategic concerns, the Ottoman Empire began

contemplating a withdrawal from the Qatar peninsula. In March 191 1,

Britain and the Ottoman Empire began to negotiate a comprehensive

agreement for their strategic relations. Those negotiations included

within their ambit discussions about the political future of the Qatar

peninsula. In a draft memorandurn addressed to the Ottoman Empire on

the subject of a comprehensive agreement for their strategic relations,

dated July 1911,Britain reaffirmed its position thatthe Ottoman Empire

must renounce "El Katr, where the Sheikh of Bahrein has imuortant

rights."'93 (Emphasis added.) At the time Britain and the Ottoman

empire were negotiating over the future of the Gulf Region (see

paragraph 194),the Ruler of Bahrainreopened with Britain the question

of his rightto levytribute fiom "Qatar" in accordancewith the terms of

the 1868 document imposed on the local sheikhs of Doha Town and its

environs and signed by the chief of Doha (see paragraph 127). There is

no record of Britain'sultimate view of the matter, but the record shows

Reportfrom theProvince of Basrato Ministof the Interior, 25 September
1909,Ann.76(a),Vol. 3, 409.

lg3
Draftrnernorandurnta TurkishAmbassador, July 1911, Ann. 78, Vol. 3,
p.415.that the initial response of the British Political Resident, Sir Percy Cox,

was supportive. In his note to the British Govemment about the issue of

Bahrain's right to tax "El-Katr", Cox characterised the question to be

whether:

"the extinction by the Turks of the Bahrein right to tribute as
arranged by us [in 18681 ..was an act of aggression fromwhich
[Britainwas] boundto protect the ~heikh."'~~

193. That Cox would have raised this question confirms that, shortly

befare the conclusionof the Anglo-Ottomannegotiations, Britain did not

consider the issue of Bahrain's authority over Qatar to be settled.

Moreover, as already indicatedabove (seeparagraphs162, 163and 166),

Cox'snote is further evidence that the term "Qatar" or "Qatr"was used

during this period to refer to the area around Doha Town (the Ottoman

province of El-Katr).

194. If it is accepted that the Ruler of Bahrain, Cox andthe British

Govemment were using that term "Qatr" in thatsarne ordinary sense -

and there is no indication thatheywere using it in any contrary sense-

then it is clear that what was at issue in the relevant part of the Anglo-

Ottoman negotiations was the future of the Ottoman province of "Qatr",

in otherwords Dohaandits environs.

SECTION2.9 B e

Z Z f

1871-1915

195. The various events described above in relation to the attempts of

the Ottoman Empire to expand the Ottomanprovince of "El-Katr" (i.e.

lg4 Note entitled"Shaikhof Bahrain'sdaim to tributefiom Qatar", by Sir Percy
Cox,BritishPoliticalResident,Ann.80,Vol.3424.Doha Town and its immediate environs) cleasly involved some

limitation of the Ruler of Bahrain'sauthority over the southern part of

the Qatar peninsula. However,nothing disturbed the Ruler of Bah.rainls

authority over the Zubarah region. Zubarah was close to the main

Bahraini population centres in Muharraq Island and the main island of

Bahrain. It was, conversely,far from the Ottomansand the Al-Thani in

Doha Town. The Naim tribe who inhabited the Zubarah region

maintained its allegianceto and recognised theauthority of the Ruler of

Bahrain (see Section 2.1 starting at paragraph73). The traditional

economic and sociallinks betweenthe Zubarahregion andthe islandsof

Bahrainweremaintained.

196. The Rulers of Bahrainopposed each of the six failed attempts of

the Ottomans and the Al-Thani to extend their authority over Zubarah

region (see Section 2.7 starting at paragraph 167).Britain very clearly,

and occasionallyforcibly,maintaineda consistentposition of refusingto

concede that the Ottomans had authority over the whole of the Qatar

peninsula. Although acknowledging that the Ottoman Empire had

estabrished"aninfluence"in the Qatar peninsulaby virtue of its garrison

stationed in Doha, Britain was of the opinion that the issue of

sovereignty over the entire Qatar peninsula had not been thereby

decided. Writing to the British Governent on 4 September 1873, the

British Acting Political Resident, Lieutenant-Colonel Ross, noted the

historical authorityof the Rulers of Bahrain over thepeninsula and the

limited extentof the Ottomanintrusion.Heobservedthat "[tlhe question

ofthe sovereignty overGuttergenerally,has neveryet been decided." 19*

lP5
LetterfiomLt. ColRoss,ActingBritishPoliticalResident,to Secretaryto the
Govt. of India, 4 September 1873, Ann.20, Vol. 2, p174 to 176 and
Saldanaop. ciatp.3,Ann70, Vol. 2,p.290.197. Britain's policy in the region during this period was to avoid

antagonising the Ottoman Empire over Arab issues, out of concern for

its own larger geo-politicd interests. At the same time, Britain was

unable to deny Bahrain's authority over the Zubarahregion. Britain had

concluded that its greater strategic interests required that the Ruler of

Bahrain be persuaded to desist from his involvement in the political

affairs of the Qatar peninsula. It must be emphasised that this attitude

reflected Britain's conclusion as to the most advantageous course of

action to achieve Britain's strategicinterests. It did not reflect any view

as to the Ruler of Bahrain's legal title or actuaI authority over the

Zubarahregion. Britain'sconclusiononthat latter score is reflected in its

subsequent acceptance, as well as defence of, Bahrain's continued

authority in the Zubarah region. In short, although for its own interests

Britain did not wantBahrain to be involved in Zubarah, it could not

identify anyconsideration of law against it.Nor could Britain's interests

in the Gulf of Arabia afford it to allow Bahrain to become weakened by

Ottoman attacks. So long as Britain was unable to persuade the Ruler to

adopt another approach,Britainwas obliged to lend it assistance.

198. Britain consistently tried to persuade the Ruler of Bahrain to

abstain from engaging in affairs on the Qatar peninsula.Ig6The Rulerof

Bahrain however remained resolved to protect the interests of his

subjects in the Zubarah region. Following the unsuccessful attack on

Zubarah in 1874, Sheikh Isa, the Ruler of Bahrain, requested assistance

from the British PoliticalResident to prevent another attack on Zubarah.

The tems of his request showed that the Ruler of Bahrain was

196
Letter froLt. Col.Ross,BritishPoliticalResidentoSecretary oGovt. of
India, 10November 1874,Ann.24, Vol. 2, p. 184.continuing to assert:his authorityover Zubarah and thaz:he continued to

view theNaim tribewholivedthere to behis subjects:

"Sheikh [Isa]in dwelling on the danger to his Govemment from
the propinquity of Nasir bin Mobarik [a defector from Bahrain

who had allied himself with the chief of Doha], expressed his
desire that 1 should take steps to prevent the Katar Chief
harbouring him or assisting him in any operations against
Zobarah by land or sea ...The Chief of Bahrein being

apprehensive of an attack on his allies, and as he considers,
subjects who hold the fort of Zobarah, asked whether he would
be allowed to reinforce the garnisonof that place, which he
considereda dependencyof ahr rein."'^^

199. In private consultations, the Political Resident sought to

discourage the Ruler of Bahrainfrom asserting his rights. Ultimately,

however,Britainagreed withthe Ruler ofBahrainthat he was entitledto

dispatch troop reinforcementsto Zubarah in defence of his rights. The

Political Residentreported:

"That as regards succouring Zobarah1would not interfere with

the despail198f reinforcements as a purely defensive
rneasure....

200. The Political Residentwas told by the Governmentof India that

Britain would not assist the Ruler of Bahrain if he continued to be

involvedin affairs onthe Qatarpeninsula.199 Still,fearingfurther attacks

on his dependenciesin the Qatarpeninsula afterthe initial attack by the

Beni Hajir in 1874, the RuIer of Bahrain senthis brother, Khdid, along

with the Chief of the Naimtribe, to Khor Hassan north of Zubarah on

the Qatar peninsulain October 1874,to convincethe Chabisatribe who

were living there to join the Naim tribe in Zubarahfor their own

lg7
Saldana, opcit., p. 5, AnnVol.2, p293.

Ig8 Ibid.

199 Letter from OfficiatingUnder SecretatoGovt.of Indiato Lt. Col. Ross,
BritisholiticalResident, 10Decembe1874,Ann. 25,Vol.2, p.186.protection.200In the course of the same month, the RuIer of Bahrain

appointed a new governor for Zubarah. He also hired and sent stone

rnasonsto Zubarahto make repairs to the fort at his e~~ense.~''

201. In a letter to the British Political Resident, Lieutenant-Colonel

Ross, dated 17 December 1874, the Ruler of Bahrain emphasised that

"Zobarah ...belongs to us and is one of our dependencies."202 In a letter

to the British Political Resident dated 18 Decernber 1874, the British

Political Resident's Second Assistant, LieutenantFraser, noted a similar

assertion by Sheikh Isa and concluded: "In this [Le. his rights over

Zubarah] he is right and it is difficult to seewhy or how we cm prevent

him sustaining s~verei~nty."~~~

202. The Ruler of Bahrain repeatedly tried to press his point home to

Britain. On4 Mach 1875,the Ruler offered not to interfere in theaffairs

of the mainland wit the exception of:

"our city Zobarahfor that is our property and has been. It and its

inhabitants are dependent on us and we are al1dependent on the
BritishGovernment. We feel certain that the British Governmen.t
would neverwish us to abandon our possessions and allow the

enernyto seizethernaM204

200
Letter fkomNews Agent,Bahrainto Lt. Col Ross, BritishPoliticalResident,
28 October1874,Ann. 23,Vol.2,p. 183.
201
Letter fromRuler of BahraintoLt. Col. Ross, British Political Resident,
4 March1875,Ann.29,Vol.2, p. 196.

'O2 Letter fiom Ruleof Bahrain, to Lt. Col. Ross, British Political Resident,
17December1874,Ann.26, Vol.2, p. 190.

'O3 Letter from Lt. Fraser, Officiating Second Assistant Resident, to Lt. Col.
Ross,British PoliticalResident,cember1874,Ann.27, Vol.2, p. 191.

204
Letter from Ruler of BahraitoLt. Col. Ross, British Political Resident,
4March 1875,Ann.29,Vol.2, p. 196.203. On 7 March 1875, he again wrote to the British Political

Resident,this time pointing out that ever sincethe conquestof the main

islandof Bahrain,the:

"Al-Khalifa remainedmastersof the Islandas wellas of Zobarah.

From that day ta this Zobarah has been in our possession and no
one has ever ventured to dispute our rights. All the Arab tribes
are awareof this fact."'05

204. Britain continued to discourage the Ruler of Bahrain fiom

involvinghimself in affairson the Qatar peninsula.In May 1875,Britain

informed the Ruler that if he did not accept Britain's advice on the

matter, "the consequences will be upon himself, and ... the British

Government will hold themselves free to take such rneasures with

respect to him as they may think neces~ar~."~~"nJune 1875,the Ruler

of Bahrain succumbed to Britaints pressure. He agreed not to involve

himself in activities in the Qatar peninsula, but expressly reserved his

rights in relationto Zubarahwith the following staternentto the British

Political Resident dated 14June 1875:

"Thereason of our not interferinginthe affairs of Zobarahat this
time is simpIyobedienceto the ordersof (Britain), not that our
rights have becomeinvalidor e~tinct."'~'

205. In a letter dated 22 June 1875,the Ruler'sbrother reiterated the

Rderts position to the British Political Resident, Lieutenant-Colonel

Ross:

'O5 Letter fiom Kuler of Bahrain to Lt. Col. Ross, British Political Resident,
7March1875,Ann.30,Vol.2,p. 197.

206
Seelettersfrom Secretaryto the Govt.of lndiato Lt. Col.Ross, 10May1875,
Ann.31, Vol. 2, p. 198 and letter from Lt. Col.Ross, British Political
Residentt, Ruler ofBahrain, 1May 1875,Ann.32, Vol.2, p. 199.
207
Saldana,op.cit.p.7, Ann.70, Vol.2, p. 295anlettefrornRulerof Bahrain
to Lt. Col. Ross, British Political Resident, 14 June 1875, AVol.32,
p.201. "Shaikh Isa trusts that his abstaining from interference with

Zobarah will not be considered as (involving) loss of right to it,
forit is Ourpossession andthe possession of our forefathersfrom
oldertimes, and we beg that our claim will be held in recollection
11208
by [Britain]....

206. In August 1875,the Beni Hajir tribe attacked Zubarah.The Ruler

despatched "fivearmed vessels of his own to pursue the off en der^".^"^

This was, of course, inconsistent with Britain'sattempts to dissuade him

fi-ominvolvement in the Qatar peninsula. Britain threatened that if the

Ruler were to maintain his course of conduct "he cannot remain a friend

of the British ~overnment".~'~Britain's interpretation of Bahrain's

maritime peace obligations clearly restricted Bahrain's use of force to

defending the main island of Bahrain, thereby curtailing its ability io

protect Zubarah. Nevertheless, as described in Section 2.1 (starting at

paragraph 73), the Ruler of Bahrain remained actively involved in the

affairs of the Naim tribe in the Zubarah region even afier 1875.

Moreover, the Ruler continued to defend Zubarah using his army,

"suppliedwith arms and provisions". For this,the Ruler was admonished

by the officiating British PoliticalResident, MajorCharles~rant.~''

207. In 1878,the chief of Doha attackedZubarah (seeparagraph 172).

TheNaim settlement was destroyed and those Naimtribesmen who had

been left homeless took refuge on the main island of ~ahrain.''' The

208 Letter fiam Sheikh Ahmed bin Ali Al Khalifato Lt. Col. Ross, British
PoliticalResident,22June1875A,nn. 33a,Vol. 2,p. 202a.

209
Saldana,op.cit.p. 8,Ann.70, Vol.2,p.296.

210 Ibid

Letter from Maj. Grant, British Political Residento Ruler of Bahrain,
17September 1877, Ann.35, Vol. 2,p. 205 and Saldana, op.crt.,p.9,
Ann. 70, Vol. 2,p.296.

'12 LorimerVol.II,op. cit.p. 908,Ann. 83,Vol.3,p.496.Ruler of Bahrain felt unable to resist Britain'swaming not to becorne

involved.This causedhim considerableanguish.AsLorimer observedin

the Persian Gulf Gazetteer:

"The Shaikh of Bahrain, who considered himself in honour

bound to assist the Nafimof Zubarah,chafed angrily against the
policy of inaction imposedonhimby the BritishG~vernment."~'~

208. Lorimer'sGazetteer reportedthat, followingthe 1878 attack, the

Ruier of Qatar objectedto reportsthat the Ruler of Bahrain was planning

to settle his subjects,the Naim, atFuwairat, close to the ruined town of

~ubarah.~'~The Ruler of Bahrain remained in close contact with the

Naim and was reported to have gone to considerable effort to maintain

theirallegiance."

209. Despite their hstrated ambition to control the Zubarahregion,

both the chiefs of Doha and the Ottomans clearly and candidly

acknowledgedthe interests of Bahrain in the Qatar peninsula. In 1893,

whenthe BritishPolitical Residentraisedthe topic of Bahrain'srights in

the Qatarpeninsulato Jasimbin Thani, he reportedthat:

"Sheikh Jasim at once acknûwledgedthe rights of Bahrain, and

expressedhis willingnessto pay tribute as bef~re."~'~

210. Furthemore, Lorimer'sGazetteerrecordsthat, in 1893:

"...[TheAl-Thani chiefofDoha] addressed letters to the Political

Resident and the Chief of Bahrein appealing for British
protection and that of the Chief of Bahrein, and applying for
permission to reside in the northen part of Katar within the

latter'surisdiction. ThePolitical Resident proposedto reply that

LorimerVol. II,opcitp. 908,Ann.83,Vol.3, p.496.

214 Ibid ,.910,Ann. 83,Vol. 3p.498.

'15 Ibid ..911,Ann. 83,VoI.3, p499.

'16
Lettehm tt. Col.Talbot,BritishPoliticalResitonSecretaryof Gavtof
India,7 May1893,Ann. 51,Vol.2,p.251. ...[theAI-Thani chicf of Doha] was debarred by previous orders
of Govenunent from settling either at Zobarah or Odeid, which
places the Sheikh had evidently in view in which to sett~e."~'~

(Emphasis added.)

2 11. In 1895, the Ruler of Bahrain once again fomally affirmed to

Britain Bahrain's rights to Zubarah. The British Resident's Second

Assistant responded that:

"(The Ruler of Bahrain) must understand from the explicit
instructions of Government that the consequence of his

interference in the affairs of the mainland beyond his insular
possessions [andt] he exercise of rights of sovereignty there that
might lead to complications ... would be the withdrawal of the
promises of protection held outto him {Emphasisadded.)

212. In 1895,during one of the latest Ottoman/Al-Thani atteinpts on

Zubarah (see paragraphs 178-182), the British Political Resident,

Colonel Wilson,recorded his concems:

"There cm no longer be anydoubtthat the intrigue, having for its
object the establishment of a position which the Bahrein Chief
regards - and as 1 concur, with justice - a grave menace to his

security and an unjust encroachment on his ancestral territories,
is actively fostered by the local Turkish a~thority."~(Emphasis
added.)

213. In a letter dated 23 Jury 1895,the British Resident wrote to the

Ottoman forcethat had attacked and occupiedZubarah:

"Hearing that you are detaining nine boats belonging to the
Shaikh of Bahrein, who is on friendly terms with the British
Govemment, and Zobarahbeing one of the towns belonginp to
him ...1demand that you will inform me by what authority you

are detaining these Bahrein boats ... No Turkish authonty is

217
Saldana,op.cit., p.39,Ann.Vol.2, p. 327.

218 LettekornLt. Fraser,Actin2ndAssistant esident,to Lt. Col.Ross,British
PoliticalResident,8Marc1895Ann.53, Vol. 2, p.257.

'19 Letter from Col. Wilson,BritishPoliticalResident,to Secretaryto the Govt.
of India,24 Ma1895,Ann. 56,Vol.2, p.262. recognised by the British Govemment at ~obarah."'~~ (Emphasis
added.)

214. The history of Bahrain'sauthorityover the Zubarahregion from

this date until 1916 has already been desçribed with some detail in

Section 2.7 (starting at paragraph 167) and Section 2.8 (starting at

paragraph 188) and will notberepeated here.

SECTION2.10 The chief of Doha Town and Britain signed the

1916 Treaty and the State of Oatar slowly

emetyed thereafter

215. The Ottoman Empire's presence in the Qatar peninsula faded

during the 1914-1918war. In August 1915,the Political Agent, Major

Keyes, met with the chief of Doha, SheikhAbdullah bin JasimAl-Thani,

to discuss its surrender and requested the Sheikh to present surrender

terms to the Ottoman ~ornrnander.2'~The presence of a British ship

caused the remaining Ottoman soldiers to flee during the night of

f9August 1915 and the Fort was formally handed over to the chief of

~oha.~~~

216. Britain was the only Great Power now active in the region. It

decided torecognise the Al-Thani chief of Dohaas the ruler of an entity

called "Qatar" and, on 3November 1916, entered into a treaty of

protection with the chief ofDoha own in reIationto his territ~ries.~~~

220
Letter from Capt.Pelly, Commander and Senior Naval OffitoMahornêd
EffendiatZubarah,23 July 1895,Ann. 59,Vol. 2, p.265.
22'
Letter fiomMaj.Keyes, BritishPolitical AgtoLt. Col. PerCox, British
PoliticalResident,August 1915,Ann. 82,Vol.3, p. 436.

222 Ibid, Ann.82, Vol3,p.437.

223 Treatybetween BritisGovt. and theShaikh of Qatar-3 Novernber 1916,
Aitchisonop. cifp. 258,Ann. 84, Vol. 3, p. 513. The 191 6 Treaty did not contain any geographical definitionof
21 7.
the territoryof Qatar.There was nothinginthe text of th191 6 Treatyto

lead to the conclusion that it contemplatedan entity called Qatar that

was larges than the Ottoman administrative unit of Qatar, which the

Ottomansthemselveshad consideredto be a territorial unit distinct fiom

the regionsof Zubarah and Odaid.Certainlythere is no indicationin the

text that the entire Qatar peninsula was to be part of the Al-Thani

territories. At the end of the Ottomanperiod there was no Ottoman or

Al-Thani authority in Zubarah. The Ruler of Bahrain continued to

exercise authority over the Zubarah region and the Naim inhabitants

continued torecognisethe authority of theRuler of Bahrain.

2 18. The 1916Treatywas writtenin the firstperson, fromthe point of

view of the Al-Thani chief of Doha, now s.tyled"the Rder of Qatar". It

onlyrefers to "Qatar","myterritoriesand port of Qatar", "myFrontiers",

"myterritory"and "theterritoriesof Qatar".Clearly,the referenceto the

"portof Qatar"in the 1916 Treaty must be a referenceto Doha, which

was referred to by the Ottoman Empire as "El-Katr".This referenceto

the "port of Qatar"in the text, distinguishedby the Ruler of Qatar from

his "territories",adsto the conclusionthat the 1916 Treaty was using

the samenomenclatureas theOttomansto referto Doha and its environs

as "Qatar".This wouIdbe consistent with the analysissupra (see paras.

194-196)relatingto the lirnitedmeaning of the term "Qatar"as used by

Britainandthe OttomanEmpire.

219. Such a conclusion is supported by the fact that the text of the

opening paragraph of the 1916 Treaty incorporates the obligations

arising fiom the terms imposed by Britain upon the chief of Doha in

1868within the 1916Treaty: "Whereas my grandfather,the late ShaikhMohammed bin Thani,
signed an agreement on the 12thSeptember 1868 engaging not to
commit any breach of the Maritime Peace, and whereas these

obligations to the British Govemment have developed on me his
successor in ~atar."'~~

220. The nature of the tems imposed by the 1868 document have

been reviewed in paragraphs 127 to 129. They were understood by

Britain and the Al-Thani toapply to territory over which the chiefs of

Doha had authority. The limited geographical scope of the Al-Thani

territones in1868 and subsequently was described in paragraphs 133 to

235. The reiteration ofthe 1868undertaking in thepreamble to the 1916

Treaty means that the politicd entity of Qatar did not encompass the

entire peninsula and most obviouslynot the Zubarahregion.

221. The transformation of the former Ottoman province of "Qatar"

from an administrative unit within the Ottoman Empire to an entity

under Britain'sprotection in 1916excited little comment in Bahrain.The

Al-Thani had, by 1916, exercised authority in the area around Doha

Town under the Ottoman Empire. The forma1 recognition of that

authority by Britain changed nothing in relation to the Zubarah region

and so did not effect Bahrain'sinterest inZubarah.

222. On the contrary, the withdrawal of the Ottoman Empire fiom the

Qatar peninsula eliminated the reason for Britain's anxiety regarding

Bahrain'sexercise of authority over Zubarah. In anticipationof just such

an eventuality, Bahrain had been pressing since 1913 for the revival of

the 1868 tems imposed on the ~l-Thani.~*~ Cox, the British Political

'"
Treatv'betwe BrntishGovt. and Ruler of Oatar- 3 November 1916,
Aitchisonop. citp. 258, Ann.84,Vol.3, p. 513.
225
Noteby SirPercy Cox,BritishPoliticalResident entitled"Shaikhof Bahrain's
claimto tributefioQatar"17May 1913,Ann. 80,Vol.3, p424.Resident,had noted the'Rulerof Bahrain's insistenceon inclusionof the

1868unliateral undertakingin the terms of any future Anglo-Al-Thani

agreement:

"As the Sheikhis certain to raise the question when we corneto

make an agreementwith Qatr, it would be as well to examineit
now. Iwill accordingly ask Colonel Knoxto obtain a copy of
ColonelPelly'sagreementof 1868,as the whole matter tums on
the question whether the extinction by the Turks of the Bahrain

right to tributas arranged by us was an act of aggression from
whichwe were boundto protect theShaikh."226

223. In any event, the 1916 Treaty was, vis-à-vis Bahrain, res inter

nliosacta, and could not therefore affect its sovereign rights.Nothing in

the relationshipofprotectionbetween BritainandBahrainauthorised the

formerto disposeof any part of the territoryofthe latter.

SECTION2.11 Bahrain continued to exercise authority over

the Zubarah reyion during the period of 1916-

1937

224. At the close of the First World War, in 1919, the Ruler of

Bahrain dispatchedthe CrownPrince of Bahrainto London.The object

of his mission was to infom the British government of the Ruler's

intentionto build aport inZubarahandre-developthe region.227

225. Oneof Bahrain's interestsin deveiopinga port in Zubarahwasto

prevent cornpetitionto Bahrain's commerciam l aritime dominanceof the

region from Ibn Saud's proposed port on the Coast of the Arabian

226 Note by SirPercyCox,British PoliticalResidententitledof Bahrain's

daim totributefromQatar", 17Ma1913,Ann.80,Vol.3, p.424.
227
Memorandurn fiom XndiOfficeto theGovt. of Indi16 September 1919,
Ann.83,Vol.3,p. 517.peninsula.228Followingthe dissolution ofthe Ottoman Empire, Britain's

irnrnediate strategic concern in the region was to contain Ibn Saud's

expanding domain without provoking its Ruler. Britain opposed the

proposai because it concluded that Bahrain'sproposed port facilities in

Zubarah would be perceived by Ibn Saud as extremely

~onfrontational.~~ ~nce again Bahrain'sIegal title and historic interest

in Zubarah were subordinated to Britain's greater strategic concerns.

Bahtain had to discontinuethe proposal.

226. The majority of the Naim were, during this period, pastoral

bedouin. Theremaindertraditionallysupplementedtheir livelihood from

the sea. In the 1920sand 1930s,the populationof Zubarah decreased as

many Naim migrated ta the main island of Bahrain. This was due, in

part, tothe technological improvementof fishing andpearling boatsthat

enabled the Naim to operate in the Gulf of Bahrain and the Bahrain

pearlingbanks without operating from Zubarah, and to the general

declinein the localpearl industryas a result ofthe GreatDepressionand

the development of Japanese cultured pearls. In addition, health and

educationservicesbegan to be provided by the State of Bahrain on the

main island of Bahrain. Electricity and varied food staples - al1to be

found on the main island of Bahrain -made life there more attractive

than lifein Zubarah.

227. The discoveryof oil in 1932 on the main islandof Bahrain -the

first commercialoil field in the Arabian Gulf - createdjobs with good

wages. Illegal immigrationbecarne a problem for Bahrain. However,

228 MemorandurnfromMaj.Dickson,BritishPoliticalAgent,ta Lt. Col.Prescott
Trevor,BritishDeputy PoliticalResident, 17 January1920,Ann.87, Val. 3,
p.524.

229 MernorandumfromMaj.Dickson,BritishPoliticalAgent, to Lt. Col. Prescott
Trevor,BritishDeputyResident,6 December19Ann. 86, Vol.3, p.519.Bahraini subjects, including those from the Zubmah region and the

Hawar Islands, could move fieelyto the main island as they had always

been able to do.

228. The Ruler of Bahrain continued to exercise his authority in the

Zubarahregion. His authonty continued to beacknowiedgedby its Naim

inhabitants. CharlesBelgrave,the Adviser to the Government of Bahrain

who had been appointedin 1925,recorded in 1948that:

"some of the Khalifah lived pemanently at or around Zubara
coming over 10 Bakrainfor visits and about a year before 1came

[1924]one Shaikh Ibrahim bin Khalid Al-Khalifah was banished
to Zubarah by order of Shaikh Hamed ..He lived there till in
about 1926he was permitted to return to Bahrain ...[As]fa as 1
can ascertain, fiom 1914 till 1937there was no interference with
Bahrain people living inthe Zubarah area."230

The continued presence in the Zubarah region of inhabitants who owed

dlegiance to Bahrain during the 1920s and 1930s demonstrated

Bahrain'scontinuingauthority in theZubarahregion.

229. In the light of these facts, it is evident that as of 1937 Bahain

stillretained sovereigntitIeto Zubarah.

230. The Ruler of Qatar did not exercise authority over Zubarah

during the period 1916-1937. Zubarah was far to the north and Westof

his power-base in the south of the peninsula. Even in Doha Town, the

sovereigntyof the Rulerof Qatarwas oftena fiction. As the 1923British

AdministrationReport of the Bahrain Political Agency noted:

"In his own territories, the [Ruler of Qatar] is now powerless.
Any attempt to enforce his nile is fnistrated by malcontents

appealing to the Sultan of Najd [Ibn Saud], whose power the
[Ruler] fears.Cases have occurred ofpersons being arrested by

230 Letter fromCharles Belgrave, Adviserto the Govt.of Bahrain, to Ruler of
Bahrain'sEnglishsulicitor,H. Ballantyne,9 October 1948,AnnVol. 4,
pp.834to835. armed followers sent by the Sultan, not rnerely within Qatar
territory, but actually in the Town of Doha, where the Ruler
re~ides."~~~

231. In 1927, the British PoliticalAgent reported on the subject of

landing grounds for aircrafi in the Qatar peninsuIa and arrangements

with the Rulerof Qatar:

"1 think independentmangements with local tribes would have

to be made for protection at Zubara and Shaqiq, as Abdulla [the
Ruler of Qatar] is represented to me more as a pearl merchant
than a ~haikh."~'~

232. Ibn Saud had been expanding his territories in the Arabian

peninsula during the 1920s and 1930s.It was clear that at the 1922 oil

conferenceat Uquayr, Ibn Saud consideredal1of Qatar as part of Hasa

(theArabianeast coast). The PoiiticalResident, Cox, remindedhim that

Qatarwas outsidehis jurisdiction. However,in 1930, the Rulerof Qatar

admitted to the Political Agent that he was paying Ibn Saud a secret

subsidy of a "lakhof rupees a year", effectivelyplacing Qatar under the

contra1of Ibn ~aud.~~K ~ing Saud finally recognised a State of Qatar in

1935. Nevertheless he exercised authority in the south of the Qatar

peninsula wellintothe 1930s.'~~

233. As has been described. Zubarah was far fiom the base of the

Ruler of Qatar in Doha. There was little there to interest him other than

231 1923 British Administration Report of theBahrain Political Agency
(CKDaly)Ann.89, Vol.3, p. 528.

232 Note by Maj. Barrett, British PokiticalAgent, 17 January 1927, Ann.93,
Vol. 3, p. 551.

233
See letter fromCapt.Prior, BritishPoiiticalAgent,to Lt. Col.Biscoe, British
PoliticalResident,ugust1930,Ann. 97, Vol. 3, p. 563 and letterfrom Lt.
Col. Biscoeto Foreign Secretary,Goof.India,18August 1930, Ann.98,
Vol. 3, 567.
234
Zahlanop. cit.,pp. 82to 84,Ann.226,Vol. 4, pp. 951ato 951c.the Naim tribe and their potential as a source of tribute. A.F.

Williamson, a geologist working for the Anglo-Persian Oil Company

who had reconnoitred the Qatar peninsula in 1933, reported that the

towns and villages in the north of the Qatarpeninsula remainedoutside

the authority of the Ruler of ~atar.~~~Soon after granting an oil

concessionover his territoriesin 1935, the Ruler of Qatar sawthe great

attraction of expanding the territory under his authority in order to

maximise hispotential revenuefromhydrocarbon deposits.

SECTION2.12 British and United States oil coraa~aniesbefan

to compete for oil concessions in Bahrain and

Oatar durin? the period1933-1936

234. The advent of oil concessions in the Gulf of Arabia region

coincided with the decline of Britain's commercial interests there.

Britain had dominated the Gulf of Arabia politically andeconomically

for over 100 years.236However, soon after the discovery of oii in the

region - in Bahrain in 1932 - United States oil companies becarne

dominantin competingfor oil concessionsand exploration rights. From

the early 1930s, Britain struggled to give its own oil companies a

cornpetitiveadvantage over United States oil companies by exploiting

Britain's historical political influence in the region. The struggle

influenced events inthe Zubarahregion and underlayQatar'sinvasionof

Zubarah in 1937 jsee Section 2.13, starting at paragraph 253, and in

particular,paragraphs282to 290).

2'5 A.F. Williamson'sreport entitled "Notes on Qatar14 January 1934,

Ann.101,Vol.3, p576.
236
Takingtheconclusionofthe first generalanti-treatof 1820asthefirst
date.235. On 14May 1914,the Rulerof Bahrainagreed notto gant anyoil

concession for his territory without the prior approval of the British

~overnment.~~~ In 1925, a British syndicate, Eastern & General, was

granted a concession to drill for oil in Bahrain. The ternis of the

concession authorised Eastern & General, inter alia, to explore and

search "throughoutthe whole of the territories under [the Ruler of

Bahrain'scontrol] f.38

236. Eastern & Generalcouldnot raisethe capitalnecessaryfor sucha

project and decided to assign its concession. In November of 1927,it

signed an option agreement withGulf Oil of Pennsylvania to assignthe

entire concession. Thatoption was itself subsequently assigned on 21

December1928to the StandardOil Company of California C SOC AL).^^^

The assignmentswere dependent onthe approvalof Britain. But Britain

was increasingly concerned about "the intrusion of Arnerican oil

interests into Bahrain", as noted in a telegrarn dated 15 August 1929

fiom the BritishSecretaryofStatefor ~ndia.~~'

237. After lengthy negotiations, Britain agreed that the concession

could be assigned to a Canadian subsidiarycreated by SOCAL to hold

and operate the concession: the Bahrain Petroleum Company Limited

(BAPCO). The assignment was executed in lune 1930.~~' Contrary to

237 Reported in letter frorn Lt. Col. Haworth, British Political Resident, to
SecretaryoStateforColonies,2 April 1928,Ann. 94, Vol. 552..

238
BahrainOil Concession,1925,Ann. 90,Vol. 3529.
239
For these early developments, see Angela Clarke, Bahrain Oil and
Development0929-1989) (1991),Chapter3,Ann. 231, Vol. 4, p. 987.

240 Telegramhm Secretaryof State for india to Viceroy (Foreign and Political
Department)and Lt. Coi.CharlesBarrat,BritishPolitical ResidAugust5
1929,Ann.95,Vol. 3,p.554.

241
Indenture behveenRulerof Bahrainand Easter& General, 12 June 1930,
Ann.96,Vol. 3,p. 556.Britain'soriginal aspirationBAPCO was indirectly100% United States

owned.

238. In 1932, BAPCO struck oil in commercially exploitable

quantities in the centre of the main island of Bahrain. Following this

success,it appliedto extendits prospectinglicenceon severaloccasions.

A mining lease was signed between the Ruler of Bahrain and BAPCO

on 29 Decernber 1934. By virtue of that lease and the original 1925

concession, BAPCO was permitted to select a Mer site in Bahrain's

territory in which to ~~erate.~~B~APCO selected a site on the main

island of Bahrain,as detailedonrnaps appendedto thelease.

239. The remainder of Bahrain's territory, referred to as the

"unûllottedarea",was left to benegotiated between theRuler of Bahrain

and prospective concessionaires.It was understoodby these prospective

concessionaires thatthe Zubarah region could be included in Bahrain's

oil concessions. In a 1936 letter, the local representative of BAPCO

wrote to the company'slegal counsel: "The Khalifa familyat one time

lived in Zubara and still have sorne daim to that town and its

11243
environs...

240. With the prospect of oil, the eyes of the Ruler of Qatar became

intently fixed on Zubarah. Britain was involved with the Qatari oil

concessions by virtue of Article 5 of the 1916Treaty between Britain

and Jasim AIThani,underwhichthe Ruler of Qatarwasprecluded from

granting any oil monopolies or concessions "to anyone whatsoever ...

without the consent of the High British Governrnent." For its part,

242
LeasebetweenRuler ofBahrainand BAPCO,29 Decernber1934,Ann.102,
Vol.3,p.580.
243
LetterfromK.SkinnertoN. Ballantyne,5 Decernber1936,Ann. 108,Vol. 3,
p.627.Britain wanted British companies to get as many concessions in the

regionas possible.Having lost theBahrainconcessionto a 100%United

States-owned company, Britain was determined to ensure that

concessions for the remainder of the unallocated territory in the region

be awarded to British commercial interests. Britain was concerned that

Bahrain's sovereignty over the Zubarah region could rnean that the

United States-controlledBAPCO rather than a British company would

ownresourcesthere.

241. Britain recognised the strength of Bahrain'sinterest in Zubarah.

The British PoliticalAgent noted ina memorandumdated 13June 1933,

at the beginningof discussions withoil companies aboutoil concessions

onthe Qatarpeninsula:

"Inthis connection 1mentionedthat it would be advisablein any
matter of boundariesto avoid reference so far as possible to the

western coast of Qatar as there were certain places on it which
were claimed by Bahrain. 1said that visits of geologists to that
areahad been commentedon locally asbeing beyond the powers
of [theRulerof Oatar]...".244(Emphasisadded.)

Severaldays later,the PoliticalAgentmet a representativeof the British

Anglo-Persian Oil ~om~an~~~o ~n,e of the prospective concessionaires,

who was due to meet with the Ruler of Qatar. The Political Agent

advisedhim:

"to keep clear of the Western coastof Qatar, so far as might be.
He [Sampson]askedme about the Bahrainclaims, but 1 said that
1couldtell him little except that they were consideredIocallvto

be live claims, andthat 1thoughtthat, unless theyfoundthat they

244 Mernorandum by Lt. Col. Loch, British Political Agent, 13 June 1933,
Ann.99, Vol. 3p.570.

245 Laterto be calledthe Anglo-IraOil Company;now known asthe Britiçh
PetroleumCompany. definitely required to operate there, it wouIdbe best, at any rate
at this stage.tletsleepingdons lie.1124 (6rn~hasisadded.).

242. Using its political influence, Britain entered into an agreement

with the Rulerof Qatar for the sole purpose of ensuringthat the Qatar oil

concession be granted to Anglo-Persian. In return, Britain offered

protection to Qatar (a fairly valueless benefit to Qatar in the Iight of

Britain'songoing obligations to Qatar under the 1916Treaty).Theterms

of the arrangementwereverysimple:

"Protectionwillbe affordedyou on the condition ..that you give
theOil Concession about which the Anglo-Persian Oil Company
havebeen negotiating,to that ~orn~an~."~~~

243. Once the concession had been awarded to Anglo-Persian on

17May 1935,2B ~ritain entered into an agreement with the company

whichensuredthat any assigneeof the concessionwould:

"be and remain a British company registered in GreatBritain and
having its principal place of business in Great Britain, and its

Chairman shall at al1times be a British ~ubject."~~~

244. Article2 of the Agreement ensured that subsidiary companies

were subject to the same requlrements and Article 3 required that "the

employees ofthe Company inQatarshall at al1times be British subjects

or subjectsof the Sheikh".

246
Mernorandumfrom Lt. Col.Loch, British PoliticalAgent,to Lt. Col. Fowle,
BritishPoliricalResident,25 June 1Ann. 100,Vol.3, pp.572to 573.

247 Letter from Lt. Col. Fowle, British Political Resident, to Ruler of Qatar,
11May1935A ,nn.103,Vol. 3,p.612.

248 QatarOilConcession,17May 1935,Ann. 104,Vol. 3,p.615.

249
Political Agreement between BritishGovt. and the AngIo-Persian Oil
Company,5 June 1935,Ann. 106,Vol.3, p.622.245. The Qatar concession was subsequently assigned in September

1935, with the consent of the British Go~ernment,~~~ to Petroleum

Development (Qatar) Limited,a holding Companyowned by Petroleum

Concessions Limited ("PCL"), a consortium in which British interests

246. Thus, while the oil concession in Bahain was held by United

States interests, the oil concession in Qatar was awarded to British

interests.In order to extend further the British economic interest in

Qatar, Britain had reached an understanding with the Ruler of Qatar

abouthisterritoriesthatpurported to transfer therebyBahrainterritory to

Qatar and consequently to British oil companies. Britain wanted to

assure the integrity of the Qatar peninsula was not threatened. As a

Foreign Office officia1in London said to a PCL representative on 25

June 1937:

"..His Majesty'sGovement, who had strong views about the
integrity of the Qatar peninsula, would not be at ail likely to
recognise anyclaimsby the Sheikhof Bahrein overthis area."252

247. Article2 ofthe 1935Qatar concessionpermitted operation:

"inanypart of the Stateof Qatar as is defined below...The State
of Qatar means the whole area over which the Shaikh mIes and

which is marked on the north of the line drawn on the map
attachedto this ~~reernent."~~(~Emphasisadded.)

''O
Letter from Lt. Col. Fowle, British Political RestoeRuIerof Qatar,
21 September1936,Ann.107,Vol.3,p. 625.
251
Seee.g.referenceto PCL lettefrom J.S. Black, Chief Local Representative
of BAPCO, toHugh Weightman,British Political Agent, 8 June 1938,
Ann. 161,Vol.4,p.739.

252 ForeignOfficeMinute,25 June 1937,Ann.133,Vol. 3p.688.

253
Qatar Oil Concession,17May 1935,Ann.104,Vol. 3,p.616.248. The map that was attached to the Agreement contained a line at

the base of the Qatar peninsula, to the north of which was depicted the

Qatar peninsula and the Bahrain Islands (including the Hawar

~slands).~~~

249. In 1937, PCL, the British concessionaire in Qatar, was

negotiating with the RuIer of Bahrain for a concession over Bahrain's

"unalloted area". PCL took the view that its Qatar concession included

the Zubarahregion, but itwas concerned about how Bahrain's viewof its

sovereignty over the Zubarahregion might affect both PCL'schances of

obtaining the unallotted area and PCL'sability to develop the Zubarah

region underthe Qatar concession.

250. In August 1937,PCL sent a letterto the India Office stating:

"Information now reaches us fromBahrain to the effect that the
Shaikh would in al1 probability be willing to give us al1 the
unallottedterritory ..provided that a clause be inserted in the
concession agreement that 'noeffort would be made to develop

the oilresources of theZubaraha~-ea'."~~'

251. PCL believed that its interests would be best served by leaving

aside the Zubarah question for the moment in order to increûse its

chances ofbeing awardedthe concessionfor Bahrain's "unallotted area".

To this end, PCL even suggested to Britain that perhaps the issue of

sovereignty over the Zubarah region could be avoided entirely if

negotiations were to emphasisethat the concession being sought by PCL

related onlyto the unallotted "portion of Bahrain Island and al1the other

Islandsunder the Sovereigntyof the Shaikh of ~ahrain."~~~

254 Mapatcompanying the1935QatarOiIConcession,Ann. 105,Vol.3,p.621.

255 LetterfromS . Longrigg,PCLto Mr. Walton, India Office, 16August 1937,
Ann. 157,Vol. 4,p727.

25bbid, Ann. 157,Vol.4, p.728.252. The British Govemment now found it convenient to temporise.

In a Iettedated September 1937writing to the British PoliticalResident

in September 1937;~~the British Political Agent noted:

"From an examination of Article 2 of the Qatar Oil Concession I

am inclined to theview that His Majesty'sGovernment are in no
way committed, for the state of Qatar is defined as being 'the
whole area over which the Shaikhmles and which is marked on
the north of the line drawn on the niap aftached to this

Agreement.' If the Shaikh of Rahrain eventually succeeds in
min? his claim to the area known as Zubarah then @so ,facto
the Shaikh of Oatar cannot be said to ruIe over that area and,
therefore. that area cannot be considered as part of the state of

Qatar." (Emphasisadded.)

SECTION 2.13 Oatar launched an armed attack on the

253. TheRuler of Qatar'sinterest in increased oil revenues combined

with Brih's interest in ensuring that the British oil company PCL,

which had the Qatar concession, had the largest possible territorial

concessionpossible soon led to conflict between Bahrainand Qatar over

the status of the Zubarahregion.

254. Ta the oil companiesoperating inthe region,to Britain andto the

Parties, iwas clear that, at the end of 1936,the Ruler of Qatar had not

yet established his authority in the Zubarahregion. Sincethe Ottoman-

inspired attackonZubarah in 1895,the Al-Thani,first as chiefs of Doha

Town and then as Rulersof Qatar, had made no furthet attempt to settle

~ubarah.~'~They had already failed to do so three times by use of force

257
Letter fromCapt.Hickinbotham,British PoliticalAgent, tCol.Fowle,
BritishPoliticalResident,22 September1937,A160,p. 735,Vol. 4.
258
See e.g. Mernorandumby HughWeightrnan,BritishPoliticalAgent,28 April
1937Ann. 123,Vol.3, p647.and twice by proposed peaceful administration and sett~ement.~'~The

Ruler of Qatar had problems enough in his own territories without

concerning himself withZubarah.This attitude changed, however, when

the Ruler of Qatar consideredthe potentid foroil. Britain perceived that

Bahrain's interest in the region would make it a ripe area for conflict.

The British Political Agent in an official note dated March 1937warned

that:

"[Zubarah]is going to be the subject rnatter of a tensible feeling

between the [Ruler of Bahrain] and [the Ruler of Qatar] ..owing
to thedevelopmentof petroleum."260

255. Like his predecessor in 1895, the Ruler of Qatar began to

conspire with some local tribesmen to impose his authority on the

region. In a hasty atternpt to create some sort of presence in the Zubarah

region, the Ruler of Qatar embarked on plans for the construction of a

port and a pier there. In addition,the British Political Agent noted that

the Ruler of Qatar was attemptingto imposehis authority on the Al-Jabr

branch of the Naim tribe and the Zubarah region by establishing a

customs officia1in Zubarah and demanding tax for the "juss boats" that

brought provisions from the main island of Bahrain to the Bahraini

Naim inhabitants of ~ubarah.~~B ' y Mach 1937,the Rulerof Qatarhad

259
Thereisno evidencethat the Al-Thani participateddirectly in the short-lived
attemptbytheOttomanEmpireto extend its administrattoZubarah.
260
Note of Lt. Col. Loch, British Political Agent, 13 March 1937, Ann. 109,
Vol.3,p. 629.

261 Telegram from Capt. Wickinbotham,British Political Agent, tLt. Col.
Fowle, British Political Resident, 23 April 1937,Ann. 119, Vol.642.p.
For anaccountof the role of thes''jusboats" see statementof Saleh bin
MuhammedAli bin Ali Al Nairni, para.7, Ann.234(a), VoI.4, p. 1026and
statementof Mohammed bin Mohammedbin Theyab Al Naimi, para.6,
Ann.233(a),Vol.4, p. 1015.begun to settie the Zubarah region with his own s~bjects.~~~ As the

BritishPolitical Agent observed,the Ruler ofQatar had engaged inthese

acts expressly "inorder to ensure the claim ofownership of the land."263

256. When these plans became known to them, the Al-Jabr Naim

tribesmen were provoked into open confrontation with Qatar. They

rejected the idea of submiaing to the authority of the Ruler of Qatar.

Their headman refused to pay the tax on the ground that they were in

Bahrain and subjects of the Ruler of Bahrain.The leader of the Al-Jabr

Naim, Rashid bin MohammedAl Jabr, sensing trouble from the Qataris,

went to see the RuIer of Bahrain in the main island of ~ahrain.~~~ He

obtained assistance in the form of food and arrn~.~~B ~y 30 April 1937,

about 1000members of the Al-Jabr branch of the Naim tribe had massed

at the old town of Zubarah, anxious to defend themselves against the

anticipated aggression from the Ruler of Qatar as reprisa1 for their

refusal to subrnit to his authority or pay his taxes.266At the same time,

three members of the Ruler of Bahrain's personal guard went to

~ubarah.~~~

262 Note of Lt. Col. Loch, British Political Agent, 13 March 1937, Ann. 109,

Vol.3, p.629.

264 See statement of Salehbin Muhammed Ali bin Ali Al Naimi, para. 10,
Ann.234(a), Vol. 4, p. 1027 and statement of Mohammed bin Theyab Al
Naimi,para.10,Ann. 233(a),Vol. 4, pp. 1015to 1016.

265
Leaer from Ruler ofQatar to Capt. Hickinbotham, BritishPolitical Agent,
11July 1937, Ann. 149, Vol.4, p. 714. See also statementof Saleh bin
MuhammedAli bin Ali Al Naimi, para IO,Ann.233(a),Vol. 4,p. 1016, and
statement of Mohammed bin Mohammed bin Theyab Al Naimi, para 10,
Ann.234(a),Vol. 4,p.1027.

266 Telegram from Capt. Hickinbotharn, British Political Agent, to Lt. Col.
Fowle, BritisholiticalResiden30 April 1937,Ann. 124,Vol.3,p.649.

267
Note entitled"ZubarahIncident", by Capt. Hickinbotham, British Political
Agent,3 May 1937,Ann. 126, Vol.3,p. 654.257. At the sarne time as this confrontation was developing in the

Zubarah region, the Ruler of Qatar had been trying toentice members of

the Naim tribe away fiom their loyalty to the Ruler of Bahrain. He had

been partly successful. A lesser branch of the Naim tribe - the Al-

Ramazan - had switched allegiance sorne time before to the Ruler of

Qatar as a result of an intemal tribal dispute (see paragraph 85).

However, the principal branch - the Al-Jabr, who occupied the Zubarah

region - remained loyal to Bahrain (see paragraphs 85-88).One former

AI-Jabr Naim resident of the Zubarah region, Saleh bin Muhammed Ali

bin AlNaimi, now resident in the main island of Bahrain, recalled:

"there had been a lot of trouble with the Al-Thani Sheikh of
Qatar who wanted to tax the Al Jabr Naim, for example by
charging customs duties on the dhows which brought food fiom

the main island of Bahrain and setting up a guard post in Our
tribal territory. Another section of the Al Naim tribe, the Al
Ramzan,had switchedallegiance to the Al-ThaniSheikhandhad
been appointed to collect taxes fiom the Al Jabr section of the

tribe.

This caused a great deal of bad feeling within the Al Naim tribe
and ourleader Rashid bin Mohammed Al Jabr argued with the Al
Ramzansection and refused to payanytaxes. He made it clear to

the Al-Thanis that the Al Jabr Al Naim were subjects of the
Ruler of Bahrain and that we would have nothing to do with the
Al-Thani. We were afraid that the Al-Thani would demand

allegianceby force and many ofthe AlNaimtribe gathered at the
ruined town of Zubarah from the outlying towns and villages in
fearof an atta~k."~~~

258. The British Political Agent, Captain Hickinbotham, learned that

the Ruler of Qatar had visited the villages of the northern coast of the

Qatarpeninsula, as well as the Zubarahregion, in March of 1937,inthe

268
Secstatement of Saleh bin Muhammed Ali bin Al Naimi, paras.to 9,
Ann.234(a),Vol.4,pp.1026to 1027.Seealso statementof Mohammedbin
Mohammedbin TheyabAlNaimi,para. 10,Ann. 203(a)Vol.4,p. 1015.wakeofthe recent defectionof the Al-Ramazanbranch of theNaim tribe

from Bahrainito Qatari autl~orit~.~~~

259. In response to the actionstaken by theAl-Jabr Naim, the Ruler of

Qatar wrote to the headman of the Al-Jabr branch of the Naim tribe in

April 1937 demanding his loyalty and obedience on pain of

punishrnent.270 The headman of the Al Jabr Naim cornplained to the

Ruler of Bahrain about Qatari tax collectors and customs official in

Zubarahand claimed assistance fromhim.27'

260. The Ruler of Bahrain noted with concern the sudden visits of the

Qataris and their followersto the Zubarahregion in the spring of 1937

and immediately cornmunicated its concems to the British Political

~~ent.~~~ Bahrain expected that, while Britain might continue to

discourage it fiom becoming involved in events on the Qatar peninsula,

Britain would also continue to protect and maintain Bahrain'sauthority

over Zubarah in the face of Qatariexpansionism.

26 1 The British Political Agent, Lieutenant-Colonel Loch, originally

responded to Bahrain'sprotests and requests forassistance in Zubarah on

the basis of his mistaken understanding that the question of sovereignty

over the Zubarah region had been decided in 1920, when Britain had

refused to allow the construction of a port there by Bahtain (see

paragraphs 224-225). With this in mind, he referred to Britain's

269
Note entitled "Zubarah Incident", by Capt. Hickinbotham, British Political
Agent,3 May 1937,Ann. 126,Vol.3,p. 653.

270 LetterfromRuler of Qatarto Rashidbin Mohomed Al Jabor, headmanof the
Naim,April 1937,Ann.125,Voi. 3, pp. 650to 61.

271 Note entitled "Zubarah Incident", by Capt. Hickinbotham, British Political
Agent,3 May 1937,Ann. 126,Vol. 3, pp.653to 654.

272 See e.g.translationof letter from Ruler of BatoaLt. Col. Loch, British

PoliticalAgent,14March 1937,Ann.110,Vol.3, p.630."decision regarding Zubarah", in a note dated 16 March 1937.~~T ~he

British Political Resident, Sir Trenchard Fowle,was reluctant to support

Bahrain's claim to the Zubarah region. Without substantiating his

sentiment, he asserted: "Personally 1 am of opinion that Zubara

definitely belongs to ~atar..."~~F~owle appeared finally to have decided

that the opportunity had corne both to rid Britain of the long-standing

problem of Bahrain's involvement in the Qatar peninsula and to assist

the Ruler of Qatar in consolidating his tenuous authority, thereby

assisting Petroleum Concessions Limited, the oil concessionaire in

Qatar. At no time did the British Governrnent or British officiais ever

evaluate the quality of the claim of Ruler of Qatar. Nor did they ever

comware the two States'bases of title to the Zubarah region or evaluate

them in light of theprevailing internationallaw standards.

262. One week later, the British Political Agent, Lieutenant-Colonel

Loch, completed his review of the records and realised that there had

been no decision. He noted in a memorandum of 12April 1937that he

had informed the British Political Resident, Sir Trenchard Fowle, of his

findings:

"1told theResident that I h
Zubarah as Shaikh Isa's orders certainly used to be obeyed and

the place is inhabited largely by persons from Hidd and ffom
Rifa bath towns in the main Bahrain Island group] and no Qatar
customs are taken. 1explained that the Zubaraharea was a large
semi-circular enclave with towers around it ...1 finaIly begged

the Resident not to suggest any course to Government until he

273
Mernorandum of Lt. Col. Loch, British Political Agent, 16 March 1937,
Ann. 111,Vol.3,p.631.
'14
Telegram firomLt. Col. Fowle, British Political RetoLt. Col. Loch,
British PoliticalAgent, 25 March 1937, Ann. 112, Vol. 3, p. Upon
further reflection, he expresseda very different view in May 1937; see
paragaph272. had had an opportunity of finding out the Shaikh'sattitude in the
rna~er..."~~(Emphasisadded.)

263. Despite the limitations that had been placed by Britain on the

exercise by the Ruler of Bahrain of his authority in the Zubarah region,

it was well established. In a telegram dated 30 March 1937,the British

Political Agent confirmedthat:

a) in addition to the Naim, other important Safiraini families

lived in the Zubarahregion;

b) those families made their living fiom fishing (with boats
and fish traps);

the Ruler of Bahrain sends orders if occasion arises to
c)
people who live there'(the Telegram refers to the practice of the
previous Ruler of Bahrain, who died in 1932,in that regard by
statingthat he 'certainlyused to doso');and

d) no Qatari customs taxes were levied in the Zubarah
region.276

264. Britain was clearly concerned that if it continued to recognise

Bahrain'ssovereignty over Zubarah, as it:had in the past, then PCL

would fîndthe Zubarahregion to beoutside its oil concession granted by

the Ruler of Qatar. At one point when British officiaiswere discussing

the issue of Bahrain's sovereignty over Zubarah,the British Political

Agent suggested that, as a condition of any agreement with the Rulerof

Bahrain about his sovereignty over Zubarah, Britain should insist that

Bahrain give PCLthe oil concessionforthe Zubarahregion.277

27s
Noteof BritishPoliticalAgent, 12ApriI193Ann. 114,Vol. 3, p. 634.
276
Telegram fromLt. Col.Loch, British Political Agent, to Lt. Col. Fowle,
BritishPoliticalResident,30Marc1937,Ann.113,Vol. 3,p. 633.

277 Noteof BritishPoliticalAgen12 ApriI 1937Ann. 114,Vol.3, p.634.265. Frornthe beginningof the renewedinterestof the Rder of Qatar

in the Zubarah region in early 1937, the Ruler of Bahrain asserted his

authority over the Zubarah regi~n.~'~As the activity of the Ruler of

Qatar in the Zubarahregion increased during the spring of 1937, so did

the communicationsbetween the Ruler of Bahrain and the headman of

the Al-Jabr branchof the Naimtribe. Rashid Al Jabor warned in a letter

to the Rulerof Bahrain:

"Bin Thany has displayed his enrnity towards you and what is
moreis his ideato takeZubaraandotherplaces..."279

266. The Ruler of Bahrainsent soldiers,arms and food to theNaim in

Zubarah as he had done before (see paragraphs198-206)in times of

difficulty.One old Naim tribesman now living on the main island of

Bahrain recalled:

"Our leader, Rashid bin Mohammed Al Jabr, had gone to the
Ruler of Bahrain, Sheikh Harnad bin Isa and his son Sheikh
Salman,seeking weaponsin fearof anattack from Ibn Thani.He
had sought the weapons fiom the Ruler of Bahrain because they

were our Rulers, and because the Naim were fighting on behaIf
ofthe AlKhalifa.TheRuler of Bahrainsent five shot and eieven
shotgunsto help

267. In the course of April 1937, the Bahrain flag was planted

conspicuouslyon the beachby the old fort in Zubarahand repairs to the

fortwerecommencedby ~ahrain.~'~

278 Letterfrom Ruler of Bahrain to British Political Agent, 14 April 1937,
Ann. 115Vol. 3, p. 635.

279 Lettefrom Rashidbin MohamedAl Jabor,headmanof the Naim, toRuIerof
Bahrain14April 1937,Ann. 116,Vol.3,p.636.

280
See statementof Mohammedbin Mohammedbin Theyab Al Nairni, para.10,
Ann.233(a), Vol.4, p. 1016. See also statementof Salehbin MuharnrnedAli
bin AINaimi,para. 10,Ann. 234(a), Vol. 4, p. 1027.
'"
Telegramfrom Lt. Col. Loch, British Political Agent,to Lt. Col. Trenchard
Fowte,British PoliticalResident, 26 April 1937, Ann. 122, Vol. 3, p. 646.
SeealsoMemorandumentitled"ZubarahIncident" ftom Capt.Hickinbotham,268. On 22 April 1937, the Acting Superintendent of the Bahrain

Land Department sent supplies to Zubarah, including Bahrain

Govemment Bags. He also confirmed that land in Zubarah was to be

registered in the Bahrain Land ~e~istry,~" ssomething that had

hithertofore not been done because of the pastoral and maritime nature

ofthe society there.A request for suchregistration wasre~eived."~

269. In May 1937,Britain proffered its good offices to the parties in

an attempt to resolve the deadlock over Zubarah. The British Political

Agent, Capt. Hickinbotham, obtained an assurance fiom the Ruler of

Qatarthat he had no intentions of attacking the Nairnpending a decision

onthe status of Zubarah to be madeby the BritishPolitical ~esident.*'~

270. Several inconclusive meetings took place in Bahrain, under the

auspices of the British Political Agent, between representatives of the

Rulersof Bahrain and Qatar. In the course of these negotiations, Captain

Hickinbotham proposed a compromise: Qatar wouId not tax the Nairn

inhabitants of Zubarah, would notcoIlect customs duties in the Zubarah

region and would not requireany travel documentsbetweenZubarahand

the rest of Bahrain.The Ruler of Qatar, furthemore, would recognise

the right ofthe Ruler of Bahrainto Zubarah ashis property. In exchange,

British Political Agent, to Lt. Col. Fowle, British Political Resident,
3 May 1937,Ann. 126,Vol.3, p. 656.

282 Letter from Acting Superintendent of Land Department, 22 April 1937,
Ann. 117,Vol.3,p. 637.

283 See request for registration of property in the Zubarahregion in Bahraini

Land RegistrationDirectoratereceived on 23 April 1Ann. 118,Vol. 3,
p. 638.
284
Mernorandumentitled "Zubarah Incident" from Capt. Hickinbotham,British
Political Agento Lt. Col. Fowle, British Political Resident, 3 May 1937,
Ann. 126,Vol.3,p.656.the Rulerof Bahrainhad to give any oiIrightsin Zubarah to the Rulerof

~atar.~~~

271. The compromise proposal did not ded with the issue of

sovereignty directly, describing the rights of both Rulers in ternis of

persona1property. Nonetheless, other than oil revenues being accorded

to the Ruler of Qatar, the Ruler of Qatar was expressly prohibitedfiom

exercising authority (in the form of taxation, immigration, import

control) in Zubarah. In substance, the proposal was that the Ruler of

Bahrain would continue to exercise his authority over the Zubarah

region to the excIusionof the Ruler of Qatar,provided that the British

oil concessionaire could prospect foroiI there and the Ruler of Qatar

could collectanyoil revenues.2g6 Events shortlyovertookthis proposal.

272. Once the negûtiations between the representatives of the two

Rulers had started, it became rapidly evident to Britain that the better

Iegal claim lay with Bahrain.Ena memorandumto the British Secretary

of State for India dated 5 May 1937, the British Political Resident

communicatedBahrain'scaseto the Secretaryof Stateforlndia, noting:

"(1) that for many years pastthe Naim tribe of Bahrainorigin,
and members of whom live in Bahrain are practically the sole
inhabitantsof Zubarah

and the Naim at ~ubafah pay no taxes, includingcustoms
(2)
to the Shaikh of Qatar. Nor does the Shaikh of Qatar insist on
travelpapersforBahrain subjectsvisitingZubarah

(3) that the Naim tribe obey the orders of the Shaikh of

Bahrain,in support of which statement the BahrainGovenunent

*'' Memorandum entitled "Possible basis for compromise" by Capt.
Hickinbotham, British Political Agent, to Lt. Col. Fowle, British Political
Resident,3May 1937,Ann.126,Vol.3,p. 661.

286 Mernorandum entitled "Possible basiç for compromise" by Capt.
Hickinbotham,British Political Agent, to Lt. Col. Fowle, British Political
Resident,May 1937,Ann.126,Vol.3, pp.661to665. quote that many years ago the tribe obeyed the orders of
Shaikh'Isa,then Ruler of Bahrain, not tooccupy the Zubarah fort,

which they wished to do. Further, that the Naim tribe generally
obey the orders of the Ruler of Bahrain.

The Bahrain Goverment, however, admit that they do not
adrninisterortake taxes at ~ubarah."~*'

273. The strength of Bahrain'sclaim and the corresponding weakness

of Qatar'sclaim to Zubarah was becoming awkwardfor Britain, which

still wanted to ensure that PCL would be able to realise the benefits of

the Zubarahregion undexthe Qatar oil concession. Sir Trenchard Fowle

acknowledgedthe difficulty of the situation:

"1 had hoped that ...the thorny question of the ownership of

Zubarah would remain quiescent, and that His Majesty's
Governent would be able to avoid giving a definite award
either in favour of the Ruler ofBahrain orthe Ruler of ~atar."~~~

274. Negotiations ensued between the representatives of the Rulers of

Bahrain and Qatar during May and June of 1937. Various proposals

were made by both sides in the course of negotiations, including one in

which Bahrain agreed temporarily to withdraw its claim to Zubarah,

subject to the ongoing performance of certain conditions, including

maintaining the Zubarah region as it had been before the dispute arase

which included maintaining a moratorium ontaxes on the ~airn.~~~ In a

287
Mernorandum from Lt. Col. Fowle, BritishPolitical Resident,to Secretaryof
State for India, 5 Ma1937,Ann. 127,Vol. 3, pp.666 to 667. Point4 is of
timited significanceduta the fact that the Govt. of Bahraindid not collect
taxes in many of its territoatethe time. Govt. administration of bedouin
peoples has always been recognised as IimitedWestern Sahara Advisory
Opinion. Judpment. I.C.J. Reports 1975, p. 12,Dubai/Sharjah arbitration,
91 ILR 543.

28s Mernorandumfrom Lt.Col. Fowle, British PoliticalResident,to Secretaryof

StateforIndia, 5 May1937,Ann. 127,Vol. 3,pp. 667to 668.
289
Telegramfrom Lt.Col. Fowle, British Political Residentt,o Secretaryof State
forIndia,23 June 1937,Ann.132, Vol. 3p. 685.direct communication to the Ruler of Qatar about that proposal, the

Ruler of Bahrain said:

"As long as the above conditions are carried out without
alterations 1(the Shaikh of Bahrain) agree to withdraw rnyclairn
to Zubarah and the Naim but should there happen anything

contrary to the conditionsmy claim returns asb~fore".~~~

275. In contrastto Bahrain'sconduct duringthe course ofthe May and

June meetings, the representatives of Qatar refused to engage in any

substantive negotiation in the usual sense of the word. They had

apparently been instructed that the purpose of the negotiation was to

have Bahrain agree with the Ruler of Qatar's demands. The British

Political Resident, who wanted the Ruler of Qatar to succeed in

obtaining control ofthe Zubarah region, noted on 23June 1937:

"Attitudeof Qatarrepresen.tativeshas been most chauvinistic and

offensive. The Bahrain Government have been rnost patient and
have in my opinion now gone along way to meet the Shaikh of
~atar."291

276. When the negotiations did not immediately produce the result

that the Ruler of Qatar desired, he wote to the British Political Agent

describing his claim to ~ubarah.~~H ~e cited the text of the 1916Treaty

with Bntain and the 1935Qatar Oil Concession, insisting, oblivious to

their lar~~ua~e?~~ that they included the Zubarah region within the

territories ofthe Rulerof Qatar.

290
Telegramhm Lt.Col. Fowlc,BritishPoliticalResident,to Secretaryof State
forIndia,23 June 1937,Ann.132,Vol. 3p.685.
291
Telegramfrom Lt.Col.Fowle,BritishPoliticalResident,to Secretaryof State
for India,23 June 1937,Ann.132,Vol.3, p.685.

292 Lettefrom Rulerof Qatarto Lt. Col.Fowle,BritishPoliticalResident,9 June
1937,Ann. 129,Vol.3, pp.676to678.

293
Regarding the 1916 Treaty, see Section 2.10, startiat paragraph215;
regardingthe OilConcession, seeparagrap375 to376.277. In the meantirne, the Al-Jabr branch of the Naim tribe, recalling

previous attacks by theAl-Thani on the Naimcommunity, had continued

their defensive preparations in anticipation of a Qatari attack. The Al-

Jabr confirmed their allegiance to the Ruler of Bahrain in witten

communications sent by the Chief of the Naim tribe to the Ruler of

~ahrain.*" Food, amis and ammunition continued to be supplied by the

Ruler of Bahrain to the Al-Jabr Naim in Zubarah, as was confirmed by

both theRuler of Qatarandthe Adviser to theBahrain ~overnment.~~~

278. Qatari defectors fiom Doha and the south of the Qatarpeninsula

joined the Al-Jabr Naim rds. This underscored the fact that, even in

the south of the peninsula, the Ruler of Qatar'sauthority was threatened.

The British Political Agent, Captain Hickinbotham, noted on 29 May

1937:

"Mygeneral impression is that the Shaikh of Qatar's position is

being daily weakened by defections not only of outside notables
but fiom his own family. He will very shortly not be in a

sufficiently strong~p~sition to make any terms whatsoever and
indeed nimours are circulating that he goes daily in fear of his
life."296

294
Letter fiorn Chief of Naim tribeto the Ruler of Bahrain,24 April 1937,
Ann.120, Vol.3, p. 644,and letter from Chiefof Naim tribeto the Ruler of
Bahrain dated25 April 1937,Ann. 121, Vol. 3, p. 645. See also letter fiom
Charles Belgrave, Advisor to Govt. of Bahrain, to Capt. Hickinbotharn,
BritishPoliticalAgent20 June 1937,Ann. 130(a),Vol. 3,pp. 679 t680.

295
Letter from Ruler of Qatar to Capt. Hickinbotham, BritishPolitical Agent,
11July 1937, Ann. 149, Vol. 4, p. 714. Letter from Charles Belgrave,
Advisorto Govt.of Bahrain, to Capt. Hickinbotham,BritishPoliticalAgent,
19August 1937,Ann. 158,Vol. 4, p.729. See also Statement ofSalehbin
Muhammed Ali bin Al Naimi, para.10, Ann.234(a), Vol. 4, p. 1027 and

Statementof Mohammed bin Mohammed bin Theyab Al Naimi, para 10,
Ann. 233(a) Vol.4,p. 1015.

296 Noteby Capt.Hickinbotharn.British PoliticalAgent,29 May 1937,Ann. 128,
Vol.3, p. 674.279. The Ruler of Qatar began hiring mercenaries to attack

~ubarah.~~~ The fears of theAl-Jabr branch of the Naim tribe about yet a

fourth armed attack on their community by the Al-Thani in less than 70

years seemedjustified. As the messenger of the Ruler of Bahrain noted

on 22 June 1937:

"Qatar, as 1 saw it, was in a dîsturbed state and every one was
preparing for ~ar."~~'

280. Despite the evident risk of an outbreak of hostilities Britain

resolved not to intervene in ~ubarah:~~ thereby no longer protecting

Bâhrain'srights in Zubarahfrom aggression.

281. The second round of negotiations between Bahrain and Qatar

over the Zubarahregion took place in late June in Qatar. The Ruler of

Bahrain sent his sons tonegotiate with the Ruler of Qatat at the village

of Ghariyeh, situated at the very north of Qatar'seast Coast,about 40

kilometiresby boat from the Zubarah port. These negotiations made

some progress but the talks were temporarily suspended when the

representatives of the Ruler of Bahrain informed the representatives of

the Ruler of Qatarthat they needed to return to Muharraq Island in order

to obtain instructions frorntheirRuler. Before leaving, however, the two

Bahrainirepresentatives to the Ghariyeh meeting fomally reminded the

Qatari representativesof Bahrain'sclairnto ~ubarah.~~~

297
ReportofAbdullahbin Hasan,Messengerof Rulerof Bahrain, 22June1937,
Ann.131,Vol.3, p. 683.

299 Telegramhm Lt.COI.Fowle,BritishPoliticalResident,to Secretaryof State
for India,23 Ju1937,Ann. 132A,Vol. 3, p.686.

300
Letterfrom Representativesof the Ruler of Bahrato Representativeof
Rulerof Qatar,June 193Ann. 134,Vol. 3,p.690.282. Bahraini fears of a Qatari surprise attack proved well-founded.

On 1 July 1937, whenthe representatives of the Ruler of Bahrain were

returning from the suspended negotiations to the main island of Bahrain

by boat, they followed the usual route to the main island of Bahrain,

southwards along the coast of peninsula before crossing the Gulf of

Bahrain fi-omZubarah. Just as they were turning fiom the coast of the

Zubarah region, they witnessed a band of med bedouin mercenaries

attacking the Naim in the old town of Zubarah. It transpired that the

representatives of the Ruler of Qatar at the negotiationsin Ghariyehhad

been secretly joined by a large force of anned bedouin mercenaries.

Following the suspension of the negotiations, the representativesof the

Ruler of Qatar andthe mercenarieshad travelleddownthe western coast

of the Qatar peniasula to attackthe Zubarahregion. The Governent of

Bahrain's Adviser, Charles Belgrave, who had accompanied Bahrain's

negotiating party,recorded the attack on the Naim in the old town of

Zubarah in his autobiographyinthe following words:

"Some unusual activity had been sighted on the coast [fiom the

boat]. Motor lorries, loaded with men, were moving in the
direction of Zabara and bodies of menwere deploying. Then, as
we watched, the fighting started. The Naimtribesmen who lived

atZabara were being attacked by Shaikh Abdulla bin Jasim's
~edouin ...".30'

283. Belgrave wrote that Bahrain's negotiating party was "close

enough to see ourpeople being attacked," butwas unable to get to shore.

He later estimated the Qatari rnercenary force to have nurnbered five to

seventhousandmen, assisted by threelorries and six cars.302Eyewitness

accounts fiom Naim tribespeople living in other parts of the Zubarah

301
CharlesBelgrave,Persona1Colurnn(1960),p. 156,Ann.217, Vo4,p. 911.
302
See note of an interviewithCharles Belgave, Adviser to the Govt. of
Babrain, by Capt. Hickinbotham'sBritish Political Agent, 1 July 1937,
Ann.136,Vol. 4,p.694.region showthat the attack had been planned in advance, as other similar

surprise attacks by Qatari mercenaries occurred against Naim villageat

the same time. One Naim tribesman now living in Bahrain recently

recalled the details ofthe invasion ofhis tribe'sterritory:

"On 1July 1937, early in the afternoon, 1 saw a large body of
tribesmen, some Qatari, some bedouin fmm the Manasir and

Beni Hajir tribes, approachingOur dirah (tribal area) near Lisha.
Some were on foot and some were in lorries. There were maybe
three or fourthousand men in totaland most of themhad guns. It
was clear that they were intending to attack us. One of our

tribesmen shouted the battle cry. We went to join the other
members of our tribe who had assembled to defend our tribal
areaagainst the attack.

A fiont Iineof ourtribe went ahead on camels and horses andthe

rest of us followed on foot. They reached the site of the battle
before us. Meanwhile, the women and children took down the
tents to move away fiom the area of fighting. 1heard a lot of
gdre but bythe time 1arrivedon foot,the Qataris had retreated

to the east. Wefound the injured andbrought them backto Lisha
fortreatment.

That day three of our tribe died in the fighting, Majd binNasr,
Isa bin AhmedAl Sayedand Ahmedbin Mohammed, the brother

of Rashid bin Mohammed. Majd bin Nasr was at first seriously
injured but subsequently died of his wounds at the Arnerican
Hospital onthe main island of ~ahrain."~'~

284. Another member of the Naim tribe, also living in Bahrain,

Mohammed bin Mohammed Al Naimi recently related the events which

caused them to abandon Zubarah and return to the main island of

Bahrain:

"Onthe day ofthe battleat Zubarah,1remernberthat al1ofthe Al
Jabr Naim had gathered in fear at Lisha and at Hilwan. 1heard
the battle cry sometime between the two prayers at noon and
dusk. Those of the men who had camels or horses went on

reconnaissance, and a few of them went north to our men who
were at a guardpost at Al Thagab. Whenthey reached there, Ibn

303 Seeçtaternentof Salehbin MuharnmedAli Al;Al- Naimi,paras1.1t.o 13,
234(a),Vol4,p.1027. Thani was already there with his army. Ibn Thani had lorries
which transferred his men to behind our lines. They heard

shooting andcries. Iwas with the peopleapproaching Al Thagab
and we heard the shotsbut whenwe reachedthemit was already
too late. Therewere deathson both sides and 1helped to pick up
the injuredand the deadfrom our side. Later 1came back to help

those men whosecamelshad been slaughtered.

In the battle, people were killed and injured. Majd bin Nasr was
injured and he later died at a hospitd on the main island of
Bahrain. 1also remember that Ahmed bin Mohammed and Isa

bin AhmedAl Sayeddiedinthe fighting."304

285. On 1 July 1937,as soon ashe had learned of the surprise Qatari

attack, the Ruler of Bahrain made a forma1 request to Britain for

assistancein defendinghisterritoryfromexternal attack:

"We have to inform you that al1 our efforts to arrive at a

compromise with the Ruler of Qattar regarding the matter of
Zubara andthe Naimhave been without success.Our brotherand
Our son returned last night and inforrned us that [the Ruler of
Qatar]refusedto agreeto anytenns excepthis own.

[TheRuler of Qatar]withhis my is near the edgeofthe Zubara
area and there is now a state owar. The Arabs of [the Ruler of
Qatar] daily attackthe places where ou subjects the Naim are
living and also their watering places. [The Ruler of Qatar] is

taking every opportunity to provoke the Naim but, until now,
they have done nothing but defend themselves. [The Ruler of
Qatar] ha looted somevillages where some of our subjects live
andhas seizedtheirpropertyandtheir flocks and camels.

Wewish to preventa warand the sheddingof blood. We request
the British Govemment to restrain [the Ruier of Qatar] from
making war against ou subjects who live within our boundaries

at ~ubarah."~'~

286. Britain refused to provide such assistance. On 2 July 1937,the

BritishPoliticalResident,SirTrenchardFowle,wroteto the India Office

304
See staternentMohammed bin Mohammedbin Theyab AlNairni,paras12
to 13,Ann.233(a),Vol4,p.1016.

305 Letter fiorn the Ruler of Bab10iCapt. Hickinbotham, British Political
Agent,1 July 1937,Ann.135,Vol. 4, p. 691.in London that negotiations between Bahrainand Qatar that had been

ongoingfortwo rnonthshad brokendownandthat hostilitieshad broken

out. He concludedthat:

"Inthese circumstancesthereis no coI306now open to us except
to let hostilitiestaketheir cours....

The focus of the PoliticalResident'sinterestwas revealed as he wenton

"[The PCL] Oil Company ...will not resume operations until
autumn and before that dispute between Shaikh of Qatar and
Naim shouldhavebeen sett~ed."~~'

287. By2 July 1937,the Qatarimercenarycorpshadtaken the village

of Furaiwah, five kilometresnorth of the ruined town of Zubarah, from

which refugees had been sent to Bahrain. Fighting continued al1during

the day.308On 2 July 1937, the British Political Agent telegraphed the

followingupdateon the hostilitiesto the Political Resident:

"2. Adviserhasjust received reliableinformationthat Shaikh

of Qatar attacked Zubarah area early morning 1st July and
fightingstillproceeding.

3. About 100Naim and adherents reportedkilled including

numberof persona1foilowersof Shaikh of Baluain whonormally
livein Zubarah.

4. Refugeesarereportedto be landing on coast of Bahrain.

'O6 Telegram from Lt. Col. Fowle, British Political Resideto,India Office,
2 July 1937,Ann.138, Vol.4,p. 696.

308
Letter from Charles Belgrave, Adviser to thGow. of Bahrain, to Capt.
Hickinbotham,BritishPoliticalAgent, 2 JuIy 1937,Ann. 139,Vol. 4, p. 698. 6. 1 have asked Adviser to send out police patrol to look
afier any refugeeslandi~~~."~'~

288. In tnith, it is impossible to know exactly how many casuaIties

were sufferedthroughout the Zubarahregion.

289. By 5 July 1937,the Ruler of Qatar had entered into discussions

with the AI-Jabrbranch of theNaim tribe with the hope of swaying their

traditional allegiance fiom the Al-Khalifa of Bahrain to himself. He

informed them thal:they were free to quit the Zubarah region and Qatar

or to rernain and abide by the rules of the State of ~atar?" swearing

allegiance to him and abandoningthe Al-Khalifa. ANaim eyewitness to

the events in the Zubarahregiondescribed it as follows:

"Our leader, Rashid bin Mohammed, sent his brother Khalid to
the Al-Thani camp. When they finished talking, Rashid bin
Mohammed explained to the tribe that we had two choices. The

first choice was to stay in our homes in Zubarah but if we did
that we would have to swear our allegiance to the Al-Thani
chiefs and corne under their rule. The second choice, if we did
not want to switch ourallegiance from the Ruler of Bahrain, was

to leave Zubarahor facefürther attack~."~ '

290. On 13 July 1937, at the palace of the Ruler of Bahrain in

Muharraq, Rashid binMohammed,the Chief ofthe Nalm tribe, who hâd

escaped to the main island of Bahrain, described the afiennath of the

attack on Zubarah insimilarwords:

309
Telegram from Capt, Hickinbotham, British Political Agent, to Lt. Col.
Trenchard Fowle, British Political Res2dJuly 1937,Ann. 137, Vol. 4,
p. 695.
310
Telegram hm Capt. Hickinbotham, BritishPolitical Agent,to SeniorNaval
Officer, PersianGulf Division,5 JuIy1937,Ann.142,Vol.4, p. 703.
311
See statement of Saleh bin Muharnmed Ali bin Ali Al-Naimi, para. 14,
Ann.234(a), VoI. 4, p. 1027. See also statement of Mohammed bin
MohammedbinTheyabAlNaimi,para. 15,Ann.233(a), Vol. 4,p. 1017. "One of the [Ruler of Bahrain'smen] wrote asking [the Ruler of
Qatar] to refrain fram shedding the bIood of the Muslims and
also ffom dernanding anything from them. [The Ruler of Qatar]

then sent a letter with his brother saying that he wanted to see
me. 1 interviewed him because our foodstuff had exhausted and
the way was cut as [the Rulex of Qatar] stood between us and
Bahrain. When 1 went to him in the camp [the Ruler of Qatar]

told me that he would not give us secmity unless we have
surrendered our ms. We surrendered ou anns as we were
forced by hunger to do so and because we did not do anything as
ordered by the [British] Political Agent. Then they themselves

wrote a document and took my seal and sealed it. It ran as
follows:

That as long as 1am residing in Qatar 1 should not do
anything against [theRuler of Qatar] and shouIdnot fight

with him and if 1want to leave Qatar and go to anyother
place he will not prevent me and rny followers and al1
connectedto me suchas property etc., to do ~0."~~~

Some Al-Jabr Naim chose to switch their allegiance to the Ruler of

Qatar. Butthe majority of the Al-Jabr Naim, including the Chief of the

Al-Jabr Naim, Rashid bin Muhammed, chose to rernain loyal to the

Ruler of Bahrain. Some 1200 to 1300 persons fled to the islands of

Bahrain, principally to the main island of Bahrain. An Al-Jabr Naim

who is still aliand living in Bahrainhas recentlyrecollected:

"1cannotrecall how many of us rnoved, but it took about seventy
dhows or more to move us. The dhows were full and even then
someof us stayed on and came later with cattle and belongings. 1
remember the sons of Mohammed bin Saud, Ali bin Hassan al

Majid and his farnily, Abdullah Al Jabr and his farnily and Salah
bin Mohammed bin Khanfax al1 coming to the main isIand of
Bahrainwithme andmyfamily.

312
Staternent made by Sheikh Raçhid bin Muhamrned, Chief of Naim tribe,
13July 1937,Ann.150,Vol.4, pp. 716 to 717. See also telegramfrom Lt.
Col.Fowle,BritishPolitical Resident,to Secretaryof State for india,24 July
1937,Ann.154,Vol.4, p724. We landed at Bahrainat the town of Askar,and some of us went

north. In the summer we would go to the area of present:day Isa
~own."~'~

Some yeass later the British Political Agent, Edward Wakefield,

observed afterthese events:

"the tribesmen who came over to Bahrain in 1937 must have
regarded themselves as subjects of the Shaikh of Bahrain or they
would have rcmained in Qatar and subrnitted to the authority of

the Shaikhof ~atar."~'~

291. Many of thoseNaimwho lived in the Zubarah region and fled to

the islands of Bahrainare alive and in Bahrain. Their descendants living

in Bahrainnumber inthe thousands. .

292. Bahrain lost no time in protesting Qatar'sattack on the Zubarah

region. In a letter dated 6 July 1937,one day after the surrender of the

Naim in Zubarah, the Ruler of Bahrain protested to Britain that "(the

Ruler ofQatar) has occupiedour

293.
Simultaneously, on 6 July 1937, the Ruler of Bahrain imposed

sanctionson Qatar. The sanctionsincluded:

(a) a decree that no subjects of the RuIer of Qatar were to

enter Bahrain (other than those with messages for the British

Political Agent);

313 SeestaternentofMohammedbin Mohammedbin Theyab Al Naimi,paras. 16
to 17, Ann.233(a), Vol. 4, p. 1017. See also statement of Saleh bin Ali
MuhammedAlibinAlNaimi,para. 15,Ann.234(a),VoI.4,p. 1027.

3'4 Letter frorn EdwardWakefield, British PoliticaAgent, to Lt. Col Prior,
BritishPoliticalResident,11Januar1948,Ann. 184, Vol.4, p. 794.

315
Letter hm Ruler of Bahrainto Capt.Hickinbotham,British Political Agent,
6 July 1937,Ann. 144,Vol.4,p.707. (b) a decree withdrawing the preferential transit dues on

goodsentering Bahrainwith a final destination in ~atar,~'~and

(c) a decree prohibiting any exports (as opposed to re-

exports)fromBahrainto ~atar.~'~

294. At the request of the Ruler of Bahrain, the Ruler of Qatar was

informed of Bahrain'smeasures by the British Political ~~ent.~''The

Ruler of Qatar respondedby complaining against the imposition of the

Bahraini sanctions.319Bahrain's sanctions continued in force until the

outbreak of the Second World War, when the embargo was suspended

by the Rulerof Bahrain "forthe cornmongood"?20Despitethat, Bahrain

continuedto protest the occupationof the Zubarahregion by Qatar and

to seekits returnto the authorityof the Rulerof Bahrain.

SECTION2.14 The dispute over the Zubarah repion has been

continuous since1937

295. Since 1937 unti1now, Bahrainhasunsuccessfullysoughtto have

its rights to the Zubarah region restored. Despite considerable efforts,

Bahrain has not obtained a reasoned exarnination of the merits of the

3'6 Letterfiom Rulerof BahraintoCapt.Hickinbotharn,BritishPoliticalAgent,

6 July 1937,Ann. 143(a),Vo4, p.704.
3'7
Memorandum from Charles Belgrave, Adviser to theGovt. of Bahrain,to
Edward Wakefield,British Political Age11,June 1942, Ann.164, Vol.4,
p. 748.

318 In relation to rneasures(a) and (bsee letter from Capt. Hickinbotharn,
British Political Agent, to Ruler of Q14aJuly 1937, Ann. 151, Vol4,

p.718.
319
LetterfiornRuler of Qatar to O. KirkpatricCaroe, British PoIiticalResident,
17July 1937,Ann. 153,Vol. 4, p.722.

320 RepresentatiisonZubarahto ForeignOffice,4 August1949,Ann. 193,Vol.
4, p. 836.Zubarah issue. The history of these unsuccessful attempts to reverse the

effect of Qatar'suse of armed force in 1937involve Bahrain, Qatar and

Britain. There are at least seven important conclusions to be drawn fiom

thishistory:

1. It demonstratesthe absence of any legal determination in favour

of Qatar or against Bahrain by Britain or any other entity. Britain

avoided making a decision. For geopolitical reasons, Britain

preferred to avoid compromising the integrity of the Qatar

peninsula, but Britain couldthink of no principled reason to deny

Bahrain'srightsto the Zubarah region.

2. It shows that Britain attempted to avoid antagonising either

Bahrain or Qatar over the Zubarah issue. As a result, Britain's

attitude was deliberatelyvague.

3. The historical record isrepfete with exarnplesof British officiais

contradictingeach other in favour of either Bahrainor Qatar, in

the light of mornentary expediency and in the absence of a

definitive adjudicationof the competingclairns.

4. Qatar's statement of the alleged bases of its claim to title to

Zubarah rnakes it possible to evaluate them. Qatar evidently

could not make a principledclaim based on its med expulsion

of Bahrain subjects from the region. Thus it based its claim to

Zubarah on two grounds: its 1916 Treaty with Britain and its

1935oil concession withAnglo-PersianlPCL. Neither document

can supportthe daim that it gives Qatar any basis for sovereignty

over the Zubarah region (see Section 2.10, starting at

paragraph 315 and paragraphs 375to 376,respectively).5. It demonstratesthat Bahrainnever abandonedits sovereign claim

to the Zubarah region. On occasion, British officials expressed

contraryviews to the effectthat the Rulers of Bahrain were only

claiming some kind of privale property rights to Zubarah.
However, on other occasions, otherBritish officials expressed

views to the effect that the Rulers of Bahrain were claiming

sovereign rights. When the full record of Bahrain's
representations are considered, it becomes evident that the

expressionsby the Rulers of Bahrain inrelation to "theirrights"

in Zubarah cannot be taken to mean a disavowal of sovereign

title. This is confirmed when considered in light of well-known

historicalconceptsof sovereigntyinthe GulfofArabia.

6. It showsthat any concessionsthat Bahrain indicated that itwas

prepared to make in relation to the Zubarah issue were part of a

package of negotiating proposals. At no time did Qatar ever

conclusively accept those proposals and the negotiations were

never successfullyclased.

7. It reveals that the Rulers of Sahrain and Qatar did not share the

sameunderstandingof the variouswriaen and unwrittenworking

agreementsthat werebrokered by Britain in itattempt to bring

the disputetoan end.

The salient elements of the historical record relating to Bahrain's

attemptsto have itsrights toZubarahrecognisedarethe following.

296. On 6 July 1937,only one day after the surrender of the Naim in

Zubarah,the,Adviserto the Governmentof Bahrainwrote to the British

PoliticaAgent: "1have the honour to infom you that [theRiiler of Bahrain]has
asked meto ascertainfiom you whenhis claimto the Zubaraarea

will receive consideration and by whom the matter will be
e~amined."~~'

The Adviser'sletter ernphasisedthe importance ofthe issue to the Ruler

of Bahrain:

"If necessary [the Ruler of Bahrain]is also prepared to send a
representativeto Europeto act on hisbehalf."322

297. Britain tried to avoid addressing the issue.The British Political

Resident wasinstructedby the British Governrnenton 7 July 1937not to

mention "ownership"of Zubarahto the Ruler of Bahrain,but merely ta

suggest that Britain'spoIicy towards Zubarah was the sarne as it had

been in 1875(in other words onlythat Bahrain shouldnot interfere in

the affairs of the n~ainland).~~O ~n 9 July 1937, the British Political

Resident suggestedto the British Secretaryof Statefor Indiathat Britain

should allow the Ruler of Bahrain to present its case for sovereignty

over Zubarah to the British ~overnrnent.~~~ However, a British Indian

Office memorandum dated 14 Juiy 1937 shows that Britain was

concernedthatthis wouldhave had adverse geopolitical consequences:

"1have pointed outon another paper that if we allow the Sheikh
of Bahrainto establishclaims on the mainland of Qatar we shall

greatly weaken our case for maintaining the integrity of the
PeninsulaagainstIbn Saud. 1think therefore we shall have to be

32'
Letter from Charles Belgrave, Advistothe Govt. of Bahrain, to British
Political.Agent,6 July 1937,Ann. 145,V4,p. 708.

323 Telegram from Govt. of Indito Secretary of State for lndia and Lt. Col.
Fowle,BritishPoiiticalResident,6 July 1Ann. 146,Vol. 4, p.709.

324
TelegramfromLt.Col. Fowlç,British Political Residentto Secretaryof State
forIndia and Govt. of lndia External Affairs Department, 9 July 1937,
Ann. 147,Vol.4, p710. çareful not to do or Say anything implying that we might
recognisethe Sheikhof Bahrain's~lairns."~~~

Xnseeking to support this posture, British officials failed to analyse the

longand detailed history linking the Bahraini ruling family to the region.

Rather, they adopted the unsubstantiated opinionof the British Political

~esident~~~ that Qatar had sovereigntyover Zubarah.

298. British officials began to revise their interpretation of the

instructions given to the Ruler of Bahrain in 1875that he should avoid

entanglernents on the Qatar peninsda. They had followed a policy of

discouraging Bahrain's involvement in the Qatar peninsula (see eg

paragraphs 198 to 206). Now they were being reinterpreted as a

recognition ofthe Sheikh of Qatar'srightsoverthe whole peninsula.327

299. In response to the repeated entreaties of Bahrain, the British

Political Agent, Captain Hickinbotharn, undertook an independent

investigationinto the Zubarahquestion. On 30July 1937,Hickinbotharn

referred the Political Resident to a passage in Lorimer'sGazetteer of the

Persian Gulf (dating from 1909)in which ownership of Zubarah was

said to be "underdiscussion" in 1905.~~ 'hat evidence clearly refuted

any allegation that the Zubarah issue had been resolved in 1875.

Lorimer's observationwas more inkeeping with the evidence at the time

and clearly contradicts the interpretation which the Politicai Resident

325 IndiaOfficernemorandum,14July1937,Ann. 152 ,ol. 4p.719.

326
Telegramfrom Lt. Col.Fowle, BritishPoliticalResidtoSecretaryof State
for Indi4,July 1937,Ann.140,Vol.4, p.699.
327
DraftTelegramundercoverof letter, 1July1937,Ann. 148,Vol.4,p.712.

328 Letterfrom Capt. Hickinbotham, British Political Agent, to Lt. Col.
Trenchard, Fowle, BritishPoliticalResident, 301937,Ann. 155, Vol. 4,
p. 725.wished to draw from the 1875 communications between Britain and

Bahrain. Nonetheless, on 12 August 1937, he dismissed the evidence

saying: "there is nothing new in it which affects His Majesty's

Governmenttsdecisionasto the ownershipof ~ubarah."~~~

300. Hickinbotharn was referred to the 1875 correspondence between

Britain and Bahrain as the basis for the Political Resident's assertion.

Hickinbotham replied, insistingthat:

"in [the 18751correspondence ...there is no decision made by

His Majesty's Government with regard to the ownership of
Zubarah''

and maintained that:

"the [British Government] were at that time anxious to avoid
complications on the mainlandand at the sarne time the^were

not disaosed to give a definite decision regardingthe ownership
of Zubarah. The sarne situation avpears to have arisen this
uear."330(Emphasisadded.)

301. A Mer letter from the Political Agent tthePolitical Resident

on 22 September 1937confirmed that the Qatar oil concession did not

bind Britain to acknowledge the Zubarahregion as part of the State of

Qatar. Referring to Article 2 of the concession, the Political Agent

noted:

"Frornanexamination of Article2 of the QatarOil Concession I
am inclinedto the view that His Majesty'sGovemment are in no
way committed, for the state of Qatar is defined as being 'the

whole area over which the Shaikh rules and which is markedon
the north of the line drawn on the map attached to this
Agreement.' If the Shaikh of Bduain eventually succeeds in

329
Lettefrom Lt. Col. TrenchardFowle, British Political RestoeCapt.
Hickinbotham, British PoliticaI Agent, 12 August 1937, Ann. 156, Vol. 4,
p.726.

330 Lettehm Capt.Hickinbotham,BritishPolitical Agent, to Capt. Galloway,
Secretaryto BritishPoliticalResident, 16 September 1937,Ann. 159,Vol. 4,
p. 732. proving his claim to the area known as Zubarah then ipso facto
the Shaikh of Qatar cannot be said to rule over that area and,

therefore, that area cannot be considered as part of the state of
~atar."~~'

302. Despite thesearguments,no action was taken by Britain. Bahrain

did not receive a hearingand no official decisiontaken. onthe stateusof

Zubarah.

303. 1x11939, Qatar built a fort in Zubarah. Bahrain immediately

protestedto Britain that the fort wason Bahrain'sterritory:

"[Wle regard this action as illegal because Zubara is our tom

andcontains OUT cemeteriesandrn~s~ues."~~~

304. In 1943, Major Hickinbotham (as he now had become) offered

his servicesto the Partiesin a personalcapacityas a mediator in orderto

resolve the Afier several unsuccessful attempts,

Hickinbothamproposeda textproviding:

"The Ruler of Bahrain and the Ruler of Qatar both agree to
resume friendly relations (between them) to that which was
existing before, and the Ruler of Qatar undertakesthat Zubarah
will rernain,without altering anythingwhich did not existbefore

as a respect and esteem of the Alkhalifah,and also the Ruler of
Bahrain on his side undertakes not to do anythingwhich hms
the interests of the Ruler of Qatar. " This agreement does not

331 Letter from Capt. Hickinbotham, British PoliticalAgent, to Lt. Col. Fowle,

British PoliticalResident,22 September1937,Ann. 160,Vol.4, p. 735.
332
Letter fromRuler of Bahraito Hugh Weightman, British PoliticaAgent,
which refers to his "persona1suggestions" (emphasis added),26 April 1939,
Ann. 162,Vol.4, p.743.

333 See e.g. Letter hmMaj.Hickinbotham, British Political Agent,to Ruler of
Qatar, 8February 1944, Ann. 165, Vol. 4, pp.749 to 750. The nature of
Maj. Hickinbotham's participationin the mediaticinwas later misunderstood
by Britain. SubsequentBritish officiais in the Gulf of Arabia felt obliged to
supervise-inanofficialcapacit-the irnplementationof an agreementwhich
had beenmediatedby Maj.Hickinbothamin a persona1capacity. Britainwas

therebyunwittinglydrawnback into a disputewhich ithad hoptorid itself
offollowingthe 1937Qatariattack. affectthe agreementof the Oil Company that works in Qatar,as

itsrights shallbe protected."334(Punctuationas in original.)

The Ruler of Qatar signed this text on 17 June 1944~~~ over the

objectionsof his sonto the effect that:

"hisfatherhadsoldthe countryto the Al ~halifah."~~~

The Rulerof Balxainsubsequently signedthe documentas and

lifted the embargo on Qatar, which had been in effect since the 1937

attack.

305. The weakness of the 1944 Agreement lay in its use of the

concept of thestatus quo ante.The two Parties'basic goals of achieving

recognitionof their sovereigntyover the Zubarah regionmeant thateach

interpreted the agreement ta confonn with their respective goals.338 The

understanding of Balxainwas t'riait established thestatus quo prior to

the 1937Qatari armed atta~k.~~ T~he understanding of Qatar was that it

entrenchedthe 1944 status

334 Copy of Agreementsignedby Ruler of Qatarand Rulerof Bahrainon 17 June
and23June 1944,respectively,Ann.167(a),Vol.4, pp. 75to753.

335 Ibid,Ann. 167(a),Vol.4, p. 752.

336
Note by British PoliricalAgeofa meetingwith Rulerof Qatar on 18 June
1944,Ann.168,Vol. 4, p. 757.

337 Agreementsigned by Ruler of Qatarand Ruler of Bahrain on 17 June and
23June 1944,respectivelyAnn. 167a,Vol.4, pp.752to 753.

33s Letterfiom Lt. Col.Galloway,BritishPoliticalAgent,to Lt. Col.Hay,British

PoliticalResident11June 1946,Ann.180,Vol. 4,pp. 785to787.
339
Lettersfrom Ruler of BahraintMaj. HickinbothamB, ritishPoliticalAgent,
14 September 1944and 3Ocmber 1944, ,Ann. 170, Vol. 4,p. 761 and
Ann. 171(a)Vol.4, p. 763respectively.

340 Letterfiorn Ruler of Qatarto Ruler of Bahrain, 30 January 1945, Ann. 175,
Vol.4,p. 778.306. In letters dated 14 September and 3 October 1944,the Ruler of

Bahrain compIainedto Major Hickinbotham, as Political Agent, that the

Qatari fort in Zubarah infringed his sovereignty, that it had not been

pulled down and that there were Qatariguards the~-e.~~I

307. Hickinbotham immediately wote to the Political Resident, his

Ietter confirming that there had as yet been no official decision by

Britain regarding the status of ~ubarah.~~T ~hree weeks later, he made a

written suggestion to the Ruler of Bahrain that the latter take up the

question ofthe removal of the Qatari guards atZubarah directly with the

Ruler of ~atar.~~~After further negotiations, the Ruler of Qatar

eventually removed the guards from the fort.344ïhose negotiations only

served to highlight the different understandings that Bahrain and Qatar

had of the 1944 Agreement and their conflicting goals in relation to

sovereignty over Zubarah. The Ruler of Bahrain'sletter to the Ruler of

Qatar, dated 24 January 1945, is particularly instructive of the view

taken by Bahrain:

"As you are aware, in the past there did not exist for you a
building or a garrison in my country ~ubarah (Emphasis
added).

34'
LetterçfrornRuler ofBahrain1.Maj. Hickhbotham, BritishPolitical Agent,
14 September 1944 and 3 October 1944, Ann. 170, Vol. 4, p. 761 and
Ann. 171(a),Vol.4, p. 763respectively.

342 Letter from Maj. Hickinbotham, British Political Agent, to Lt. Col. Prior,
BritisholiticalResident,4 October 194Ann. 172(a),Vol.4, p. 766.

343 Letter from Maj. Hickinbotham, BritishPoliticalAgeto,Ruler of Bahrain,

1November 1944,Ann. 173(a),Vol.4, p. 775.
344
Letter fkomRuler of Qatar to Maj. Hickinbotham, British PoliticalAgent,
1February 1945,Ann. 176,Vol.4, p. 779, Letterfrom BritishPoIiticaIAgent
to Lt. Col. Prior, British Political Resident,11April 1945,Ann. 179, Vol. 4,
p. 783.

345 Letter fromRuler of BahraintoRuler of Qatar, 24 January 1945, Ann. 174,
Vol.4, p. 777.The response fiom the Ruler of Qatar, dated 30 January 1945,was:

"[We] have been surprised to see Your Highness using for

Zubarah the words 'Yourcountry'.Zubarah,as everybody knows,
is an inseparable part of Qatar.It is my country and not yours as
you rnentioned. "34"

308. The Ruler of Bahrain referred this to the British Political Agent

in a letter dated 3 February 1945:

"[The Ruler of Qatarj mentions ...that Zobarah is his country. It
is strange for [hirn] to mention this while he is aware of the
existenceof Ourhouses, forts, rnosquesand graves of our people

and that it had been in our possession till the trouble started eight
yearsago when he occupied it and built on it ...AI1the people of
the GulfknowthatZobarah is one of the Al-Khalifahfp sroperties
in the pastand

Hickinbotham again suggested that the Ruler of Bahrain negotiate

directly with the Ruler of Qatar about Zubarah and indicated that the

British Political Resident had never supported the Ruler of Bahrain's

claims to ~ubarah.~~~

309. A new British Political Resident, Sir Rupert Hay (who took

office in May 1946), wrote asfollowsin June 1946:

"According to [Hickinbotham] ...the agreement of 1944restores
the status quo ante 1936.1have been endeavouring to ascertain
fromthe Residencyrecords what this sratus quowas ..

346 Lettehm Ruler of Qatar to Ruler of Bahr30nJanuary1945,Ann. 175,
Vol. 4, p.788.

347
Letter from Ruler of Bahrain to Maj.Hickinboth,ritish PoliticalAgent,
3February 1945,Ann.177,Vol.4, p.780.
348
LetterfiorMaj. Hickinbotham,British Politi. gent,to Ruler of Bahrain,
6March 1945, Ann.178(a),Vol.4, p.781. ...1am of opinion that in no circumstances could we recognise

[theRuler of Bahrain's]sovereignty over ~ubarah."~~~ (Emphasis
added.)

Nevertheless, Hay went on to query:

"1sthe sovereignty of [the Ruler of Qatar] over Zubara officially
recognised? Even if it is it is still incumbent upon us to enswe
that [the Ruler of Qatar]recognises anyrights of usage, pasturage

etc. which the Shaikh of Bahrain or tribesmen who are his
subjectsrnaypossess there."350

310. In 1946, the Ruler of Qatar tried to settle loyal followers in

Zubarah. In a letter to the Political Agent (now Lt. Col. Galloway), the

Ruler of Bahrain angrily protested that the Qatari settlement had

occurred "without our c~nsent".~" In October 1947, the Ruler of

Bahrain complained to Britain that the Ruler of Qatar had visited the

Zubarah region without inforrning him.352The Ruler of Bahrain at the

sarnetime also complained that the Ruler of Qatar wasabout to cultivate

two places within the Zubarah region "where our houses are and which

are OUT Pr~pertylf.353In January 1948, the Ruler of Bahrain again

protested at the cultivation by the Ruler of Qatar in the Zubarah region,

citing it asa violation of the statu3quo clauseofthe 1944~~reernen?~~.

349 Letter from Lt. Col. Hay, British PoliticalReçidtotLt. Col.Galloway,
BritishPoliticalAgent,15June 1946,Ann. 181,Vol.4, p. 788.

350 Ibid,Ann. 181,Vol.4,p. 788.

351
Letter from Ruler of Bahrain to British Political Agen5,March 1947,
Ann. 183,Vol. 4,p.793.
352
Reportentitled "Note on developmentsinthe Zubarahcase"to Secretary of
Statefor India,1948,Ann. 185,Vol4. p.795.

353 Ibid.

354 Ibid,Ann. 185,Vol.4, p. 796.311. On 17 February 1948, yet another Political Agent, C.J. Pelly,

asked the Ruler of Bahrainto defineprecisely what propertiesthe Ruler

claimed in Zubarah.Theproperties claimed by the Rulerwere described

in a letter and included the old Murair fort, the mosque, the wells and

varioushouses. Thelettercontinued:

"3...Never untilthe dispute,did we sufferanyinterferencefrom
the Shaikhof Qatarand we andour people passedfieely between

Bahrain andZubara unhindered and unmolested. Never, before
the dispute, were our privileges questioned and ou authoritv at
vu.barawas s' When we wished persons
to appear beforeus in Bahrainwe summonedthem from Zubara

and the people who lived inZubara were subjectto our rule.We
and our people rnoved between Bahrain and Zubara with
completeEreedornand each year we sent our cattle to Zubara for
grazing.Never was there any question of taxes or Customs or

permission to go and corne, the reason being that fiom over a
hundredyears the Khalifahhavebeen establishedboth in Zubara
and in Bahrain.Weon our part did nothing againstthe Shaikhof
Qatar or his

3 12. In the spring of 1948,the Ruler of Bahrain instructeMr. H.K.

Ballantyne, a London solicitor, to approachthe British Government on

his behalf with a view to obtaining further considerationof Bahrain's

claim to the Zubarah region.356BaIlantyne proposed io the British

Foreign Officethatthe RulerofBahraincontinueto enjoy sovexeigntyin

Zubarah as he had before 1937 but that he cede the region's minera1

rights to the Ruler of ~atar.~~~Notwithstanding its prima facie

consistency withthe 1944agreement brokeredby Major Hickinbotharn,

355
Letter from Ruler of Bahrainto C.J.Pelly, British Polit2MachAgent,
1948,Ann.186,Vol.4, pp.79to799.

356 LetterfromBallantyntoPyman(ForeignOfice),2June 1948,Ann. 187(a),
Vol.4, pp. 80to803.

357 LetterfromBallantytoCharlesBelgrave,Adviserto the Govt. of Bahrain,
2 June 1948,Ann. 188,Vol.4, pp.to803.Bahrain's direct approach to the British Governrnent in London was

dismissed without c~nsideration.'~~

313. On 24 June 1948the Ruler of Bahrain complained directly, by

letter, to the British Governent Minister responsible for the

protectorates in the Gulf, the then Foreign Secretary,Ernest Bevin, of

the "evasive and non-committal replies" received fiom the British

of fi ci al^Th^eR^uler protested to the Minister that "outproperties at

Zubarah have passed out of our direct control and supervision since

many years, in spite of our consistent endeavours The Ruler

offered:

"(a) To define, as is shown on the map herewith, the area of
Zubarah. To hold this land and what is on it in fi-eeuse by my
family,my adherentsandmy subjects.

To hold the land so defined as inprivate ownership for
(b)
ever.

(c) To surrenderto the Shaikh of Qataror otherwiserenounce
al1oilrights inthe Zubaraarea;inthis connectionI wouldliketo
point outthat1 haveneverat anytime claimedsuchrights there.

(d) Subject to my seeing the oil concession Agreement
between the Shaikh of Qatar and the Petroleum Concessions
Limited to respect the provisionsofthat Agreementso that al1its
benefits,entirelygo tothe Shaikhof Qatar.

(e) To obtain the surrender by the Bahrain Petroleurn
Companyof any claimsthey have or may have in Zubaraunder
the concessionwhichthey hold fromme inmy territories.

To continue,as nowand as before,to [giveto] Petroleum
(1)
Concessions Limited freedom to conduct its business in my
country and tobuywaterfiom here and carry itto Qatar....

358
Letter fiomBallanttoPyrnan(Foreign Office2June1948,Ann. I87(a),
Vol. p. 800.
359
Lettehm RulerofBahrain to Ernest Bevin,BriSecretarof Statfor
ForeignAffairs,24 Ju1948Ann. 189,Vol. p.XIO.
360
Ibid,Am.189,Vol. 4pp.811. In retm forthis fair offer 1require to obtain the rights of
(g)
my farnily,my adherents and niy subjects al Zubara including
freedom and security for their lives and property similar to the
conditions which they enjoyed at Zubara prior to the dispute in

1936.1'~~'

314. In substance,the Ruler of Bahtain was yet again proposing that

he have sovereignty over the Zubarah region but that he cede the oil

rightsto the Rulerof Qatar.On 14July 1948,a detailedbackground note

on Bahrain'sclaim to the Zubarah region was prepared by the British

Political Agent, C.J. Pelly. Pelly'snote deait with the points raised by

the RulerofBahrainin his letterandrecognisedthe inherently sovereign

aspect of the Ruler of Bahrain's ~lairn.~~I ~nterna1 documents of the

British Government of this period relating to the Zubarah issue show

that the difficulty of distinguishing private law rights from rights of

sovereignty in the context of a sovereign's persona1 rule was also

re~o~nised.~~~

315. A letter fiom the British Foreign Office to the British Political

Resident dated 3 September 1949, surnmarising the provisional

conclusionsthathadbeenarrivedatby theForeign Officeby September

1949,admittedthat:

"The [puler ofBahrain] ..hasundoubtedly someprivateor tribal

rights in Zubarah which local customwould admit thoughthese
maybe contraryto modern ideasof territorial ~overeignt~,''~~~

361 Letterfrom Ruler of Bahrain to Ernest Bevin, British Secof Statefor

ForeignAffairs,24 June1948,Ann.189,Vol. 4,pp. 812to813.
362
Letter from Lt. Col. Hay, British PoliticalResident, to ErnestBevin, M.P.,
14 July 1948,nn. 190,Vol.4, p. 81.

363 See ForeignOffice DiscussionPaperand draft letterattach, 1 July 1948,
Ann. 191,Vol.4, p.825.

364 Letter fiom Foreign Office to Lt. Col. Hay, British Political Resident,

3 September1949,Ann. 194,Vol. 4,p. 838.This point was devcloped fùrther by the Foreign Office in a

memorandurnto thePolitical Resident dated 12October 1949:

"1 agree that the private or tribal rights are vague and that we
should not yet commit ourselves to the Sheikh of Bahrein about
their existence.Nevertheless, somevague rights which rnight be
likened to the rights which Bedouin, completely unfami'liar with

the notions of territorial sovereignty and artificially drawn
frontiers, claim in moving across desert frontiers, seem ta have
existed,and we should try to ascertain as clearly as we can just

what they amounted to and how far it is reasonable to try and
securetheir recognitionby the Sheikhof ~atar."~~~

316. In 1950,with the assistance of mediation by the Political Agent,

C.J. PeIly,the Ruler of Bahrain and the Rder of Qatar reached anoral

agreement on the statusof Zubarah, which the Political Agent described

to theBritishForeign Offlcein the followingterms:

ll(T)heRuler of Qatarhas agreed that the [Rulerof Bahrain] may
send his followers and tribesmen to Zubarah for grazing without

any passport or customs fonnalities and also to leave the fort
vacant provided in retum the [Ruler of Bahrain] will allow goods
for Qatar the same privileges inrespect to the payrnent of transit
duties as goods for Saudi Arabia.[The Ruler of Bahrain] has

accepted this and is making arrangements to send fiom 150 to
200 of his people to Zubarah with the necessary rations to
support the~n."~~~

Several families from Bahrain went to Zubarah in March of 1950

without incident.367By the end of June 1950, some 120 Naim tribe

rnenlbers hadreturned to Zubarah withtheir farni~ies.~~M ~ohammed bin

365
Letter from Foreign Office to Lt. Col. Hay, British Political Resident,
12October1949,Ann.195,Vol.4,p. 840.

366 ett tfrom Lt. Col. Hay, British Political Resident, to Foreign Office,
7 February1950,Ann. 196,Vol.4, p. 841.

367 Letters frorn C.J. Pelly, British PolAgent, to Sir Rupert Hay, British
political Resident, 20 Marc1950, Ann. 197, Vol.4,p. 842 and 23April
1950,Ann. 198,Vol. 4,p.844.

368
LetterfromCharlesBelgrave,Adviserto the Govt. oBahsain ,o R. Andrew,
BritishPoliticalAgent,2June 1950,Ann. 199,VoI.4, p.852.Mohammed Al Naimi, one of the Al-Jabr Naim resident in Bahrain who

returned to the Zubarahregion recently recalled:

"Sorneyears later,in about 1950,we went back to Zubarahat the
request of Sheikh Salman, the Ruler of Bahrain. The Al Jabr
leader,Khalid bin Mohammed Al Jabr said we could not go

without sending someone first to Ibn Thani to notify him. Sheikh
Salman's reaction to this was to ask us whether we were his
subiectsor KhaIid'ssubjects. We answered him that we were his

subjects, whereuponhetold us to go without noti@ingIbn Thani
andwe did. "j6'

317. The 1950 Agreement proved to be as illusory as the 1944

Agreement. On 15April 1952,the Ruler of Bahrain protested to Britain

that the fort at Zubarah was being stocked with food by Qatar and that

"followers of the Shaikhof Qatar are constantly going in and out of the

fort by day and by night'1.37O0n 29 April 1952,a British official visited

Zubarah with a view to ascertaining the truth of the allegations.

Although he found no evidence of new supplies, he nonetheless asked

the Ruler of Qatarto empty the fort.37'

318. In 1953, Qatar re-established a guard post at the fort in Zubarah.

That drew a protest iiomthe Ruler of Bahrain on 18 March 1953 .372The

Political Resident, Hay, wrote a strongly worded note to the British

3" See staternent of Mohammed bin Mohammed Al Naimi, para. 18,
Ann.233(a),Vol.4, p. 1017.

370
Lettefrom CharlesBelgraveAdviserto the Govt.of Bahrato,W.S. Laver,
BritishPoliticaiAgent, 15April 1952,Ann.200, p. 853,Vol.4.

371 LetterfromW.S.Laver,BritishPoliticalAgent,to CharlesBelgrave,Adviser
tothe Govt.ofBahrain, 19May 1952,Ann.201,Vol.4,p. 854.

372 Letterfrom RuIerof Bahrain to Lt. Col. Hay, British Political Resident,
18March 1953,Ann.202, Vol.4, p855.Political Agent nowin place in Doha, demandingthat the Qatari guard

bewithdra~n.~'~

319. On 16 June 1953, while in London for the coronationof Queen

Elizabeth, the Ruler of Bahrain had an audience with the British

Minister of State for the Foreign The Ruler presented his

daim to the Zubarahregion, avoidingtheuseof the word "sovereignty",

which was known to antagoniseBritain. The Foreign Offlce interpreted

this to the effectthathe Ruler:

"agreed ...that he was not claiming sovereignty over this area,
and that for instance,if oil were foundin it, that would belongto

the Shaikhof Qatarandnotto hi~n."~''

320. In November 1953, the Ruler of Bahrain explained his claim to

the Zubarah region in more detail in a meeting with a British official,

who aftewards noted:

"[The Ruler of Bahrain] now appears to be clairning ... the

recognitionof his jurisdiction in [theZubarah] area over anyone
he claims as his follower.Secondly,complete freedomfor al1his
followersta reside, pasturetheir fiocksor Gshor exercise any of
their traditional avocations in the area, or to visit it for the

purpose of recreation or enjoyment of their property there with
the right to takein, without any control by Qatar Authorities, al1
suchgoodsasthey need fortheir ownconsumptionand use."376

321. Yet another British Political Agent, J. Little, subsequently

confirrned a conversation he had had with the Ruler of Bahrain in

373 Telegramhm Lt. Col. Hay, British Political Resident, to EwartBiggs,
BritishPoliticalAgent,Doha,I7 April1953,Ann.203,Vol.4,856.

374 Minutesof meetingbetween Ruleof Bahrainand British MinisterState,
16June1953A,nn.204(a),Vol.4,p.857.

375
IbidAnn. 204(a), Vo4,p. 858.
376
CopyMinuteby Mr. J,Wall,BritishOfficiating PoliticalAgent, 5 Novcrnber
1953,Ann. 205, Vol.p.864.January 1954:

"Your Highness claims jurisdiction over al1 your followers ...
while they are in Zubarah or the area surrounding it. You
expressly said ..that you did not claim 'sovereignty over the

-and', thatyou madeno claimto any oil that there rnightbe inthe
ground of Zubarah andits surroundingarea and that your claims
on Zubarah do not affect in any way any agreement made
between the Ruler of Qatar and the Qatar Petroleum

~om~an~ "377 (Emphasisadded.)

That reported statementmust be understood in the context of the Ruler

of Bahrain's proposal to exercise authority over his people in the

Zubarahregion,butto Ieavetheoil rightsto the Rulerof ~atar.~~'

322. On 29 April 1954,the British Foreign Office suggested to the

British Political Residentthat the problem could be resolved by finally

infonning the Ruler of Bahrain that Britain considered the Ruler of

Qatar to have full sovereignty over the Zubarah region.379On 1 May

1954, the British Political Resident, Bernard Burrows,met with the

Ruler of Bahrain:

"In the presentproposedarrangementto [theRuler of Bahrain] 1
emphasisedthat HerMajesty'sGovernent had never recognised
any claim by Bahrain to territorial sovereignty over Zubarah.
[The Ruler of Bahrain] had himself admitted an important
attribute of territorial sovereigntyby Qatar, when he had agreed

that anyoil found in Zubarahwould belong to Qatar.In previous
agreements which had beenmade under our auspices it had been
possibleto leavethe questionof sovereigntyin suspense.But the

daims apparently sincemade by Bahrain, that Zubarahwas part
of Babrain ...had made it impossible any longer to prevent the
Ruler of Qatar from assertinghis own claim to, if necessary, the

377
Letter frorn Mr. J. Little, British Political Agent, to Ruler of Bahrain,
17January1954,Ann.206,Vol. 4, p. 867.
378
As described above, traditional Arab conceptions of sovereignttorelate
soverei'gntyway of allegianceover people who occupied land,not over the
landitself(seeparagraphs529to1).

379 Memorandum from Foreign Officeto B. Burrows, British Political Reçident,
29April 1954,Ann.207, Vol.4, p. 874. sovereignty, provided he did so in such a way as not to interfere
with Bahrain's freedom of access. Both parties had rights of
different kinds..The greater part of the argument turned on the

distinction between territorial sovereignty. the ownership of
private propertv and 'soverei~ntv'over perçons i.e. what we
should cal1interfering with iurisdiction. [TheRuler of Bahrain]
stated his claim under thsee headings of jurisdiction over his

folIowers, freedom of movement, and the right to enjoy private
property. He feIt deeply that he would not enjoy any of these
rights if Qatar police were present at Zubarah. His position
appeared in fact to be that, while not explicitly claiming that
Zubarah is a part of Bahrain, he could not enjoy his rights there

unless he had what virtually arnounted to territorial sovereignty.
He also claimed that the 1944agreement in fact gave him, to al1
intents and purposes, territorial sovereignty and that the Ruler of
Qatar would not, in 1950,have agreed toleave the fort empty if it

had really been hi^."^ "Emphasisadded.)

323. Burrows informed the British Foreign Office that he would send

letters to the two Parties regarding the latest proposa1by Britain.He

commented :

"On reflection 1 do not propose to put in writing a statement
about territorial sovereignty... as 1 feel this would only give

Bahrain something more to argue about, and if sent to Qatar,
would only cause further difficulty about accepting the proposed
limitationson the exerciseof his s~verei~nt~."~~'

324. In a Iettersentto both Parties dated 5May1954, Burrows me:

"1am now able to state to Your Highness the views of Her

Majesty's Government on the matters relating to the Zubarah
question which I recentIydiscussedwith you.They are

1 Tribesmen owing allegiance to Your Highness
[Sheikh Salman, the Ruler of Bahrain] who habitually

visit Qatar foi grazingand similarpurposes shall continue
to be freeto do so.

380
Telegram from Burrows,British PoliticalResident, toOfice,g2 May
1954,Ann. 208(a)Vol.4 pp876 to877.
38'
IbidA,nn.208(a),Vol. 4, p. 878. (2) The Al-Khalifahshall continue to be free to visit
Zubarah for purposes of recreation and hunting in

accordancewith habitua1practice.

(3) The Qatar authorities will not interfere in any way
with the people carrying out the normal visits at (1) and

(2)above.

(4) The Qatar police will not maintain a permanent
post at Zubarah but will be fiee to enter the fort there in
the courseof visits by mobile patrols hm time rotime.

(5) As it appears that there may be conflicting claims
to individual private property in Zubarah such claims rnay
be settled by reference to local law and custom and for

this purpose may be heard before an impartial Qadi fi-om
another part of the Persian Gulf. Any such claims shall in
the first instance be stated to the representatives of Her
Majesty'sGovernment who will arrange, in consultation

with al1 concerned, for them to be heard in the above
manner. "382

Neither Party acceptedthe terms of the

325. In the course of a meeting with the British Political Agent,

Charles Gault, on 7 May 1957, the Ruler of Bahrain was reporied to

have confirrned that he did not claim sovereignty orjurisdiction in the

Zubarah region.384~e reportedly narrowed his claims to (1) ownership

of the buildings in Zubarah (but not the soi1on which they stood); (2)

freedom of access and grazing rights; and (3) disputes to be resolved (a)

by tribal custom; and, if this failed to produce anagreement, (b) by the

Qatar Shariacourts. Thisproposa1brought no response fiom Qatar.

382 LetterfrornB. Burrows,BritishPoliticalResident,to Rulerof Bahrain,5 May

1954,Ann.209,Vol. 4,pp. 884to 885.
383
Lerter frorn Charles Gault, British Political Agent, to Burrows, British
PoliticalResident, 18Marc1957,Ann.210, Vol. 4,p. 887.
384
Noteof CharlesGaulr,BritishPoliticalAgent,7 May 1957,Ann.211,Vol.4,
p.889.326. In a note dated 13June 1957,the British Foreign Office criticised

Bahrain'sclaim to Zubarah because itrested essentially on tribal rights

and traditional concepts of ~overei~nty.~'~ According to the interna1

Foreign Office discussion, such rights had no place in the modern

western notions of absolute territorial sovereignty that Britain had been

trying to impose in the Middle East. The Foreign Officewas determined

to accomplish"the conversion oftribal Arab "states", whence rights may

be intermixed with those ofneighbouring "states"or confederations, into

states ofa western type ...1386

327. On 10 August 1957,the British Political Resident informed the

Ruler of Bahrain that Britain considered that he had no rights, sovereign

or othenvise, over Zubarah, andthat if any rights were tobe concededto

himit was a matter only betweenhim andthe Ruler of ~atar.~'~

328. A confidential British Foreign Office Minute dated 1 June 1960,

describedhow, from 1957,theRulerof Bahrain had continued to referto

the Zubarahdisputeand press his claimand suggestedthat Britain might

consider approachingthe Ruler of Qataron the Zubarah issue ~t~ain.~"

329. In the context of the negotiations between Bahrstin and Qatar

concerningthe delimitation of their boundary along the northern seabed,

a confidential British Foreign Office memorandum dated 3 1 October

1960,fromthe British Political Resident,M.C.G.Man,noted:

385 Seee.g. Foreign OfficeMinutby C. Gault,British Political Agent, entitled
"ZubarahDispute",13June 1957,Ann.212, Vol.4,p.891.

386 Ibid.

387 Letter from B. Burrows,the BritishPolitical ResitonRuler of Bahrain,

10August 1957,Ann. 213, Vol.4, pp.896to 898.
388
Foreign Office Minutes by M.C.G. Man, British Political Resi1eJune
1960,Ann. 214,Vol.4, pp. 90and 904. "It seems to me that these two problerns of the seabed and
Zubarah are inextricably linked and that we can only hope to
make progress on the former if we can give (the Ruler of

Bahrain) somesatisfaction onthe

330. A letter dated 15November 1960, fkornthe Political Residentin

Bahrainto his colleaguein Doha,recorded:

"1 will not burden you ...with a detailed account ofwhat [the
Ruler of Bahrain]said to me on November 12 because we have
heard it al1before. Butthe following pointsaresignificant: -

(i) [The Ruler of Bahrain] still insists that sovereignty
ver Zubarahis hi^."^ ^Emphasisadded.)

331. On 8 February 1961,the Ruler of Bahrain drafteda letter setting

out the historyofthe matter andthe precise nature of Bahrain'sclaim to

Zubarah. The wording of the claim avoided the use of the word

"sovereignty",but is in substance consistent withBahrain'sposition on

the statusof the Zubarah region:

"[a) Full proprietary rights in al1 immovable property
including buildings, masques, graveyardsand water-wells, built
or setup by [theAI-blifa farnily]in Zabara.

Free right of access to and movernent in Zabara for our
(b)
followers including al1of our subjects in Bahrain, without any
fonnaiitiessuch as passports,customs duties or other restrictions
imposedby the RuIerofQatar.

Autharity and jurisdiction over our followers whilst in
(c)
Zabara; that is to Say,that our followers would obeyour orders
and regulations (as the subjects of Qatar would obey those of
their own Ruler) and would conform to our iaws and in case of
disputeamong themselveswould bejusticiable in our Courts (as

389
Letter from M.C.G. Man, British Political Resident, to Foreign Office,
31October1960,Ann.215, Vol.4,p.905.

390 LetterfromM.C.G. Man, British Political Resident, to J.C. Moberly, British
PoliticAgent,Doha, 15November1960,Ann. 216,Vol.4, p908. the subjects of Qatar would be justiciable in the Court of their
own ~uler)."~~'

332. In his response to the new Bahrain initiative, Mr. Beaumont of

the British Foreign Officeachowledged that the issue was not about an

examination of legal rightsbut about practicalpolitics:

"Whateverthe leeal position, it would not be practical poIiticsfor

us to admit to the Qataris, perhaps by saying nothing, that we
considered Bahrain had a claim to sovereignty (as opposed to
certain feudal or otherrights) ~ubarah. (E~mp~hasis added.)

The Ruler of Bahrain continued to refer to cornplaints about Qatari

activity in ~ubarah.~~~

333. In 1961, a letter from E.P. Wiltshire, the British Political Agent,

to the Ruler of Bahrain made it clearthat Britain understood the

sovereign natureof Bahrain'sclaim:

"Her Majesty'sGovernment do not recognise that any ...clain~to

sovereignty ...has been established ...onIy a direct approach by
YourHighnessto the Ruler of Qataroffers my hope of achieving
a solutionto the problem of ~ubarah."~~~

334. On 2 May 1961,the Foreign Officefinally admitted that Elritain's

decision to continue its policy of reivsing to recognise Bahrain's

sovereigntyoverthe Zubarahregionwaswithout a legalbasis:

391
Letter from Ruler of Bahrain to Sir George Middleton, British Political
Resident,8February191,Ann. 218, Vo4, pp.918 ro919.
392
Foreign Office ArabianDepartmentMinutes, 21 Febru1961, Ann.219,
Vol.4, p. 922.

393 See e.g. LetterEromRuler of Bahrain to British Political Agent, Bahrain,
9 May 196I, Ann. 221, Vol.4, p. 927 and letter from British Political
Resident,to R.A.C. Beaumont, Foreign Office, 18May 1961, Ann.222,
Vol.4, p. 928.

394
Letterfrom E.P. Wiltshire, British Political Agenr, to Ruler of Bahrain,
29 July1961,Ann.223, Vol.4, pp.9to 934. "[British advice] to the then the Ruler of Bahrain that he should
dissever himself fiom the affairsof the mainland does not really
show that we either acceptedor rejected his claims to sovereignty

on the mainland. Our advice was given on general political
grounds. "395

335. In 1966, at a UNESCO conference, Bahrain distributed to the

delegates of other Mernber States a booklet on Bahrain. The booklet

showed the Zubarah region to be a part of the State of Bahrain. The

delegation fromQatar at the same conference published a memorandum

and distributed itto the conference expressly protesting the inclusion of

Zubarah as part of the State of Bahrain in the booklet. The Qatari

memorandum assertedthat:

"Regarding the application of this description [that it is an
integral partof Qatar]to Zubara Area, such description has never
been, at anytime whatever, subject to any dispute or contest. It is
therefore obvious that the said statement [by Bahrain] in respect

of that area calls for overwhelming~onder."~'~

336. In the interests of regional stability, international peace and

security and the general promotion of brotherly relations between the

Parties, Bahrain has refiained fiom confrontational assertion of its

sovereignty to the Zubarah region since 1966, while continuing to

reserve its rights and make theUK and Qatar aware of them. Bahrain has

dso entered into various negotiations from 1966to the present time with

Qatar where the issue has been raised and Qatar can never have been

under any illusion that Bahrain had abandoned its claim to sovereignty

over the Zubarahregion.

395
Minute by F. BurrowsofForeign Office Arabian Department,2 May 1961,
Ann.220, Vol.4, p. 926.

396 MernorandumfromQatar Delegationto XIV sessionof the UNESCOGeneral
Conference,1October 1966,Ann.224, Vol.4,p.935. CHAPTER 3

BAHRAIN'SSOVEREIGNTYOVERTHEHAWARISLANDS

SECTION3.1 Geo~raphical description oftheHawarIslands

337. TheHawarIslandsconsistof aclusterof somefifteen islandsand

islets lyinatthe closest point abo11 nautical miles south-eastof the

main island of Bahrainand extending for a Mer eight miles various

directions. Thzart show in detail in Map 4 in Volume 7. It ia fact

that these islands and islets Iie closerto the western coast of the Qatar

peninsula than to Bahraibut itis equallytnie that the westcoastof

Qatar (with the exception of the otom at Dukhan) is essentially an

unpopulated,roadless stretchof desert."'

338. TheHawarsincludethe followingisland~~~~:

JaziratAjirah 00.03km2

RabadAlGharbiyah 00.66km2

RabadAsh Sharqiyah 01.43 km2

JuzayratRabad Al Gharbiyah <00.01 km2

JuzayratRabadAsh Sharqiyah <00.01km2

JuzayratUmmAlchen 00.02km2

JaziratHawar 38.51km2

JuzurAlhajiyat 00.06km2

Suwad ash Shamaliyah 02.72km2

UmmJini 00.06kmz

397 SeeOxfordMap ofQatar,Vol.7, Map16. There aresmall stretchesof road
nearDukhanandAl Ruwais.

398 "Jazirat"means"island"in Arabic.Theplural is "Juzur". Umm~aswarah~~~

Juzural Wukur

Suwadal Janubiyah

Juzur Bu Saada

QassarRabad

Janan

HaddJanan

QassaseerBusadad

339. Each listed island satisfies the definition of an island given in

Article 121(1)of the 1982Law of the Sea Convention,namely that it is

"...a naturallyfonned area of land,surroundedby water,which is above

water athightide."

340. The Hawar Islands also include the following low-tide

elevations,listed approximatelyin order fromnorth to south:

Qit'atUmmAlbugarr

Qit'atAl E'ddah

Qassar Al-Ali

341. The 1938-1939adjudication by the Govement of Britain of

Qatar's claim to the Hawar Islands (Section3.3, starting at

paragraph 354) resulted in a succinct and meaningful physical

description of the Hawar Islandsby a third party.It is contained in the

followingpassage froma note prepared in theBritish IndiaOffice:

399
UmmHaswarah isalsoreferretoas "Mahagwarah"inthe letterfromChalres
Belgrave, Adviserto tGovt.of Bahrain, to the British Political Agent of
28April 1936Ann. 246, Vol. 5, p. 1071,and as Al MahzourthenIist of
islands in the group submitted by the Adviser to the Govt. of Bahrain in a
letter to the British Political Agent of 29th May 1938, Ann.261, Vol.5,
p.1110. "...the Sheikh of Qatar adduces nothing positive in his own
favour except the geographical contiguity of the islands to his
undoubted territory. Even the geographical claim looks more

plausible on the map than in terms of travelling distances. The
fact that the islands are separated by only five miles (more than
three) of shallow water from the mainland is perhaps of less
importance than that they are se~arated by 50 miles of desert

from the centre of the Qatar Sheikhdoln at Doha: whereas in so
maritime an area as the South Coastof the Persian Gulf the 20
0

island would be more ofa linkthan a division. The persistence of
the SheiM7o . f Bahrein'sinterest in Zubara is an instance of the
importance ofthis factor..."400(Emphasis added.)

342. The implications of this analysis for the present case are

considerable. As seen in Chapter2, the original authority of Bahrain

over areas of the Qatar peninsula other than Zubarah receded only

gradually, against the slowly spreading authority of the Al-Thani family

on the mainland. The authority of the latter, as reflected in acts of

administration or even inthe presence ofpopulations accepting Al-Thani

control, has never extended inte alia to the Hawar Islands. As.a result,

the original authority of the Rulersof Bahrain was never displaced; on

the contrary,it has constantlybeen reinforced.

343. At the present tirne, Jazirat Hawaris the on1yisland of the group

which is regularly inhabited - exclusively by Bahraini subjects. The

other islands in the group are regularly used by Bahraini dshennen for

drying nets or for refuge during storms. Bahraini fish traps are scattered

throughout the Hawar Islands. The Islands are an increasingly popular

recreationalde~tination.~~'

400
Minuteby C.E.M. Hemingway,lndia Office (Political Department), 12May
1939,Ann. 163,Vol.4, pp.74to 746.
401
Seee.g.advertisemenofGulfTourismCompany,25 June 1996, inAl Ayam
newspaper,Ann. 312,Vol6,pp. 1359to 1362.SECTION 3.2 Summary of the basis of Bahrain's title tothe

Hawar Islands

344. Bahrain'stitleto the Hawar Islands is a matter of resjudicata by

virtue of the British Govemment's adjudication of 1938-1939. Hence,

the merits may not be reopened and consideredde novo. Alternatively, if

a de novo examination were undertaken, Bahrain's valid title is

established by referenceto threeseriesof considerations:

(i) evidence of the exercise of sovereign authority in the

Hawar Islandsby or on behalf of the Ruler of Bahrain;

(ii) recognitionof the titIeof Bahrainby the inhabitants of the

islands; and

(iii) the absence of any competing exercise of authority by

Qatar.

345. The historical genesis of Bahrain'stitle to the Hawar Islands is

Bahrain'soriginal dominance and authority over al1the territories in the

Gulf of Bahrain and the Qatar peninsula, described in Chapter 2.

Bahrain's sovereignty is supported by the continuous peaceful presence

of a population subjectto Balirain. Bahrain's authority an the islands is

confirmed by acts of administration. These facts were confirmed by the

British Government in the 1938-1939adjudication and are now, asthey

were then, fully demonstrable.

346. The Hawar Islands were occupied by a branch of the Dowasir

tribe around 1800, afterthey had sought and been granted permission to

occupy the islands by an official of the Ruler of Bahrain in Zubarah (see

paragraphs 413 to 414) .In 1845, the same Dowasir were also grmted

permission by the Ruler of Bahrain to settle on the main island ofBahrain. They established the towns of Zellaq and Budaiya jsee

paragraph 417). They thus owed their allegiance andtheir right to reside

in the islands of Bahrain to the Ruler of Bahrain (see paragraphs 426 to

431).

347. The Hawar Islands were not, however, anexclusiveIy Dowasir

preserve. At least one prominent non-Dowasir Bahraini family, the

A1 Ghattam, resided on Hawar. The fins of their home in the North

Village of Jazirat Hawar may still ~een.~"

348. The traditional occupations of the inhabitants were fishing,

pearling and gypsumextraction. What they did not consume was taken

to the main island of Bahrain and to Muharraq Island for sale in the

markets.

349. From the beginning of the 20th Century, with the increasing

development of Bahrain's infrastructure and administration, the

Govemment of Bahrain's activities increasedon the Hawar Islands as

elsewhere. Years before Qatar made its first claim to the Bawar Islands

in 1938, the Government of Bahrain was administering and regulating

the mining of gypsum on the islands, had a regular police force on the

islands, and was supervising the health of the inhabitants of the islands.

After Qatar's med attack on Zubarah in 1937, Bahrain increased its

military presence on the Hawar Islands and constmcted a police fort

there. At thetirneof Qatar's firstclaim to the islands, Bahrain'sactivities

on the Hawar Islands were so extensive that it would be impossible to

deny that its occupationwas effective,andQatarhasnever once done so.

402
Seee.g.statemenof Ibrahim bin Salmanbin AhmedAl Ghattampara.25,
Ann.316(a)Vol.6,p. 1406.350. Over time, as part of a global phenornenon of urbanisation, the

Hawar Islands have lost much of their population. Many facets of the

traditional way of life died out as the oil industry and modem

opportunities onthe main islandof Bahrainproved more attractive.

351. The destiny of the Dowasir who lived in the Hawar Islands and

other parts of Bahrain is inextricably connected with the past and the

present of Bahrain.In the towns of Budaiya and Zellaq it is possible to

see many stores and businesses with signs showing that they belong to

people with the near-universal Dowasixfamily name: "AlDosari" (Le.

the singular of "Dowasir" in Arabic). One need only consult the

telephone directory to see many pages of "Al Dosari" listings.403 Many

former Hawar Islanders are still living. They have testified about their

Iives on the Hawar Islands, have identified and named their former

neighbours there, and have pointed to the remains of their homes and

their fish traps. Hundreds of young Bahrainis cm tell of their family

traditions,rooted in life on the Hawar~slands.~*~

403
1996-97 Bahrain Telephone Directory, pp. 77 to 80, Ann. 311, Vol. 6,
pp. 1354to 1358.
404
The Dowasir werenot a marginal group of outsiders in Bahrain'ssociety.
Some Bahrainifiguresof historicalproportions havebeen Dowasir, withtheir
roots inhe HawarIslands.For exarnple,the father of Abdullah binJabr, who
became Secretary tothe Emir in the 1930s, lived for part of every year on
Jazirat Hawarand owneda fish trapnear to the southernvillofethe island.

AbdullahbinJabr'spalace (which isdecorated with elegantfriezes made from
Hawar gypsum) may still be seen in Zellaq on the west Coastof the main
island of Bahrain. The remains of his father'ssh trap near the southern
village of Jazirat Hawar may stillbeeen undenvater. Abdullah bin Jabr's
grandson, Sheikh Mohammed bin Mubarak, is Bahrain's current Foreign
Minister. Another importantBahraini Dowasir was Yusuf bin Rahmah al
Dosari. Athis death in October 1995,he had been the head of the Bahrain

Amiri Courtfor more than 30 years.Yusuf bin Rahmahwas one of the most
respectedmenin modernBahrain.He livedas a childon Jazirat Hawar, where
the vestigesof his father'shouse may still be seen in the southern village.
Someof his childhoodfriends arestiIlalive, and remember him clearly from
Hawardays. See statement ofHamoudbin Muhannaal Dosari, paras. 11 and
12,Ann. 313(a),Vol. 6, p. 1365,and statemeof Nasr bin Makkial Dosari,
paras. 1and25, Ann.314(a),Vol.6, pp. 1379and 1385.352. Qatar's clairn to the Hawar Islands was adjudicated by the

Governent of Britain in 1938-1939 at the request of Qatar. The

adjudication took account of an abundance of evidence of Bahrain's

occupation and administrationof the Hawar Islands,from as far back as

the previouscentury. In starkcontrast,anddespitethe factthat Qatarhad

initiated the proçeedings,it was explicitly recorded in the course of the
.. ,
adjudicationthat Qatar was unable to produce any shred of evidence to

support its assertion that the Islands had always been a part of Qatar.

Britain thus concludedin July 1939that Bahrain had sovereignty over

theHawarIslands.

353. Qatar resuscitatedits claim tothe Islandsinthe 1960sin whatthe

then Ruler of Qatar admitted was retaliation for Bahrain'sinsistence on

its claim to sovereignty overZubarah.But despitecommunicationswith

Bahrain on the subject of the HawarIslands over the pastthree decades,

and despite mediation under the auspices of Saudi Arabia starting in

1978,Qatarhas neverprofferedany concreteevidence ofspecificactsof

administration in the Hawar Islands. If Qatar had possessed such

evidence,one may assumethat itwould have taken one of the numerous

opporhmitiesavailableto it duringthe past 57 yearsto present it. Qatar's

claim to the HawarIslands is nothing more than an attempt to fashion a

counter-weight to Bahrain's well-documented historical rights in the

Zubarahregion.SECTION3.3 Bahrain's sovereignl over the Hawar Islands has

been resjudicata since the British adjudication of

1938-1939

A. Introduction

354. Qatar's claim to the Hawar Islands was adjudicated by the

Government of Britain in 1938-1939 at the request of Qatar. The

adjudication lasted more than a year and involved adversarial

submissions by the Parties. The competing contentions and evidence

were analysed in detail by the British Political Agent for Bahrain and

Qatar. His ~eport~'~was considered and approved by the British

Political Resident for the Gulf, prior to the further consideration and

decision of Bis Majesty'sGovemment and the yet Wher assent thereto

by the British Governmentof India.

355. The Political Agent was the official charged with conductingthe

on-site assessrnent for the British Governrnent, although of course the

ultimate decision was not for him to take. He invited Qatar to submit

what he caIled a "forma1claim" and then invited Bahrain to submit a

"counter-claim," to which Qatar could reply by way of "rejoinder . i406

Either Party could have produced as elaborate pleadings as they wished.

The Parties chose to express their legal arguments in the form of letters

to the Political Agent. The expressions used by the Political Agent to

refer to these communications, adopted in this Mernorial, including the

405
Reportof HughWeightman,BritishPoliticalAgent, in the formof a letterto
Lt. Col. Fowle, British Political Resident,22 April 1939 Ann.285, Vol.
p. 1165,(hereafter"Weightman Report").

406 WeightmanReport,22 April 1939,Ann. 281, Vol5, p. 165. See also letter
fromCapt.Howes,OfficiatingPoliticalAgent to ActingAdviser Govt.of
Bahrain,14August 1938, Ann. 270, Vol.5, p. 1125. See also Leaer from

Hu& Weightman,British PoliticAgent, to Ruler of Qatar, 20 May 1938,
Ann. 258, Vol5,p. 1098.word "Rejoinder" to describe the replyto Bahrain'sCounter-daim which

the Ruler of Qatar successfully insisted on submitting, confinn the

explicitadjudicativenatureof the proceedings.

356. The stages ofthe adjudicationwereas follows:

27 May 1938 Qatar'sclaim407

30May 1938 The British Political Agent meets the Ruler

of Qatarto discuss his claim4'"

14August 1938 Qatar'sClaimis forwardedto ~ahrain~~~

8November 1938 The PoliticaI Agent reminds Bahrain to

submitits~ounter-claim410

22 Decernber1938 Bahrain'sCounter-claim411

5 January1939 Bahrain's Counter-clah is fonvarded to

qatar412

30March 1939 Qatar's~ejoinder~'~

407 QatarClaim(inthe formoftwo lettersfromRulerof Qatarto BritishPolitical
Agent),10May 1938,Ann.256, Vol.5, p. 1094and 27 May 1938,Ann.260,
Vol.5,p. 1102.

408
Letter fiorn Hugh Weightman, BritishPolitical Agent, to Lt. Col. Fowle,
BritishPoliticalResident,3June1938,Ann.262, Vol.5, p. 1112.

409 Letter fiom Capt. Howes, Acting British Political Agent, to the Acting
AdvisortoGovt. ofBahrain,14August 1938,Ann.270,Vol. 5,p. 1125.

4'0 Letter from HughWeightman, British Political Agentto Charles Belgrave,
AdvisertotheGovt.ofBahrain,8November1938,Ann.272, Vol.5, p. 1127.

411
BahrainCounter-Clairn(in the form of a lefromAdviserto the Govt.of
Bahrain to BritishPoIitical Agent), 22 December 1938, Ann.274, Vol. 5,
p. 1129.

4'2 Letter fiom Hugh Weightman,BritishPoliticalAgent, to Rulerof Qatar, 5
Janumy1939,Ann.276,Vol. 5,p. 1141. 22 April 1939 The Political Agent cornmunicates the

record of the proceedings and his analysis to

the Political ~esident~'~

29 April 1939 ThePolitical Resident fonvards the Political

Agent's record and analysis to the British

Government in ond don^

13June 1939 The BritishGovernmentdecides in favour of

Bahrain's daim to sovereignty over the

Hawar Islands, subject to the assent of the

British Governmentof 1ndia416

1July 1939 The British Goverment of India "concurs"

in the decision of his Majesty's

~overnrnent.""

11July 1939 Britainfs decision is communicated to

Bahrain and ~atar~"

357. Analysis of the 193 8-1939 adjudication yields the following

significant conclusions:

413 QatarRejoinder(inthe fom ofa letter fromRulerof Qatar toBritishPolitical
Agent),30 March1939,Ann.278, Vol. 5, p. 1144.

414 WeightmanReport,22 April 1939,Ann. 281,Vol. 5, p1165.

415
Letterfiom Lt.Col.Fowle,BritishPoliticalReçident,to Secretaryof Statefor
India 29April 1939,Ann.282,Vol. 5, p1173.
416
Letterfrom ForeignOffice (London) toIndiaOffice (London), 13June 1939,
Ann.284(a),Vol.5, p. 1176.

417 Letter from DepuS Secretav to the Govt. of Indiato the British Political
Agent, LtCol.Fowle, 1July 1939,Ann.286, Vol.5,p. 1181.

418
Letters from Lt. Col. Fowle, British Polirical.Resident, to Ruter of Bahrain
and Ruler of Qatar, 11luly 1939,Ann.287, Vol. 5, p. 1182 andAnn.288,
Vol.5,p. Il 83respectively.(i) Qatar never made a formal claim to the Hawar Islands until May

1938,i.e. in the aftennath of Qatar'ssuccessful attack in Zubarah

and soon after Bahrain had begun discussionswith oil companies

about expanding the profitable Bahrain oil industry to the Hawar

Islands;

fii) Qatar requested the adjudication and both Qatar and Bahrain

participated willingly;

(iii) the adjudication adhered to fündamental procedural

requirements;

(iv) the basis and substance of Qatar'sclaimwas revealed as nothing

more than geographicalproximity;

(vj certain of Qatar's surprisinglyerroneous affirmations about the

physical characteristics of the Hawar Islands showed thar the

Ruler of Qatar did not understand which islands he was in fact

purporting to claim;

(vi) the result of the adjudication- that Bahrain had sovereignty over

the Hawar Islands - was formally cornrnunicated to the two

RuIers by the British Political Resident, Sir TrenchardFowle, as

a decision of "HisMajesty'sGovernrnent";

(vii) the carefully documented adjudication gives no support to {and

by negative inference contradicts) Qatar's contentions that its

1916 Treaty with Britain and its 1935 Oil Concession with the

Anglo-Persian Oil Company recognised the Hawar Islands as

part of Qatar;(viii) the record of the adjudication comprises aweaIth of evidenceof

continuous occupationof the HawarIslandsby Bahraini subjects

andof Bahrainiactsof administration;

(ix) the record reveals no evidence of Qatari subjects ever having

dwelt onthe Hawar Islands,or of Qatariacts of administration;

(x) the adjudication did not exclude Janan from the Hawar Islands, .. ,

andrecognisedBahrain'ssovereigntyover them all;

(xi) Qatar's contention that the 1938-1939 adjudication was unfair

and substantially wrong, and quickly recognised as such by

British officials,"lgis flatly contradicted by the record, which

shows inter alia that the British Government's BaliraidQatar

maritime delimitationin 1947was in part explicitly based on the

1938-1939adjudication.

358. There is ample evidence that knowledgeable map makers are

aware of the status of the Hawar Islands. Thus Map H-6C published in

1972by the BritishDirectorof MilitarySurveyshowsthe BahrainIQatar

border clearlyrunningbetween the HawarIslands and the Coastof Qatar

(reproduced in relevant detail opposite). As for the United States

National GeographicSociety, even its February 1991 map covering the

entire Middle East shows the Hawarsin pinkl, ike the rest of Bahrain,

while Qatar is green (reproducedin relevantdetailon followingpage).

419 StatofQatarMernorial{QuestionsofJurisdictionand Adrnisçibility),p.24.B. The Probative Implications of Oatar's Claims in the

Adjudication

(i) The Ruler of Qatar made his daim without knowing either

the locationor eventhe identityof theHawar Islands

359. Qatar's Rejoinder to Bahrain's Counter-claim in the 1938-1939

adjudication showed that the Ruler of Qatar was quite ignorant of the

Hawar Islands, and probably confked them with another group of

islands.

360. The tone of Qatar's Rejoinder was set in a comment that

Bahrain's Counter-claim was a "boId denial of the firmly set fa~ts."~~"

This statement however is more accurately applied to Qatar's assertion

that the HawarIslands "are islands whose extent is from4 to 5 square

miles approximately at hightide."421 In other words,the Ruier of Qatar

was thinking of islands whose size was between one fifth and one

quarter of that of the Hawar Islands, which comprise 20 square miles

(approxirnately51km2;seeparagraph 33 8).

361. Thiswas either due to ignorance or tothe possibility that Sheikh

Abdullah was claiming a different set of islands. Either hypothesis is

consistent with the further statementin Qatar'sRejoinder that:

420
QatarRejoinder(inthe fom of lettehm Ruler of Qatar to British Political
Agent), 30 March 1939,Ann.279, Vol5, p.1148. See also the statementof
the RulerofQatarthat "the Hawar Islands belongedto the QaStatefrom
the very daywhenGodcreatedthem..." Lettefrom Ruler of Qatar to Lt. Col.
Fowle,British Political ResidenAugust 1939, Ann.289, Vol. 5, p. 1184.
Languagelikethisrecalls SirGeraFitzmaurice'comment thatthe real basis
of claims foundedon proximityis "sentimental, economicor political, as the
case may be, but not legal."Sir Gerald Fitzmaurice,The Law and Procedure
of the InrernationaICoofJustice, (1986) Vol. 1,p. 312 infootnote2.

421
Qatar Rejoinder(in the forrnof letter from Ruler ofQatarto British Political
Agent),30March 1939,Ann. 279, Vol. 5, 1148. "The HawarIslands are considered, from a geographical point of
view, asa part which completes Qatar fiom the North. Any one

who has the least primary knowledge of geography will agree
with thi~."~~~

The Hawar Islands cannot accurately be described as compieting the

Qatar peninsula or the Stateof Qatar from the north. They are located to

the west of the Qatar peninsula, at approximatelyits mid-point.

362. There isa group of islands, however, including Ra'sRdsan Island

and Umm Tays Island, located near the northem tip of the Qatar

peninsula off Al Ruwais {for example, see maps 2 and 6, Volume7).

They seemto fit the Ruler'snotion of "completing" Qatar fromthe north

and are much smalIer than the Hawar Islands. Since Sheikh Abdullah

appeared so certain of the location and size of the Islands that he was

cIaiming, the inference is that he had fixed upon the wrong islands as a

result of insufficiently clear advice - probably given by Petroleum

Concessions Limited (seeparagraphs 374 to 376) - as to the objective of

his claim.

363. Consistent with its confident reference to "any one who has the

least primary knowledge of geography", Qatar'sRejoinder alleged tliat

the physical description of the Hawar Islands given in Bahrain's

Counter-claim were "concoctions" and a "bold denial of the firmly set

fa~ts."~~~ This invites a cornparison of the two Parties' competing

descriptions ofthe Hawar Islands.

364. The alleged "concoctions" towhich Qatar referredwere Bahrain's

assertionsthat the Hawar Islands contained:

422
QatarRejoinder(in the fom of letter fion1Ruler of Qatarto BritishPolitical
Agent),30March 1939,Ann.279, Vol.5, p1153.

423 IbidAnn.279, Vol. 5p.1148. "..inhabited villages, established since a Iong time, with firmly

built stone houses, pemanently inhabited, for more than a
century, by the subjects of the Ruler of Bahrain and the subjects
of his ancestors withtheir wives,families, herds andb~ats."~~~

In contrast, Qatar considered that the Islands:

"...arebarren,without water and unfit as pasturage for herds, and
was in the past completely without inhabited buildings and by no
any way can be called villages or anything that approaches the .. ,

meaning of this word, and generally unfrequented except by
fishermenwho corne fiom timeto time..."425

365. Perhaps again the Ruler of Qatar was thinking of some other

islands to the north, but if he was thinking of thetrue Hawar Islands his

description was quite wrong. The British Political Agent visited the

Hawar Islands and faund them to be inhabited and hl1 of evidônce of

more than a century'scontinuous occupation. Indeed, Hawar Islanders

are still alive who were born and grew up on the Hawar Islands in the

reign of Sheikh Isa, i.e. before 1932.The PoIiticaIAgent'sobservations,

as well as a wealth of additional evidencereviewed in Sections 3.5 and

3.6,ovenvhelmingly contradict SheikhAbdullah'sassertions.

366. In another rhetorical passage, the Ruler of Qatar stated in his

Rejoinder that

"We extend an opportunity to the Bahrain Government to cite
any instances of any action which they took in the past in Hawar

Islands and which we did not challenge."426

424 QatarRejoinder(inthe form of letterfromRulerof Qatar to BritishPolitical
Agent),30 March 1939,Ann. 279,Vol.5,p. 1148.

425 Ibid,atAnn.279,Vol. 5,pp.1148to 1149.

426
QatarRejoinder(in theformof aletterfromRuIerof Qatato BritishPolitical
. Agent),30 Mach 1939,Ann.279, Vol.5,p. 1151.367. There is however no evidence of such "challenges" by Qatar in

relation to the HawarIslands prior to Sheikh Abdullah'sClaim.

368. The factthat the Ruler of Qatar had not the least idea as to what

the Hawar Islands were or where they were located should occasion no

surprise. The likelihood of anyonefrom Doha having routinely visited

the Hawar Islands, or even the west coast ofthe Qatar peninsula, before

1938 is rern~te.~~~ Until the mid-1930s there was no route across the

peninsula.428 The situation had not changed significantly by 1939,

although oil activities had Ied trithe construction of a "track" to the oil

field at Petroleum Concessions Limited's newly established camps at

Dukhan,on the Qatar peninsula south of the Hawar Islands. The word

"track" (not a real road) iç used in a British military report of 1939.429

The report goes on to note that the Qatari oil camps nevertheless relied

for al1their supplies and water on shi~ments made by sea and not the

roughfiftymiletrack acraç she peninsula.430 The trackdid not providea

practical alternative to the sea route and was thus avoided. When Sir

Rupert Hay, the British Political Resident, decided to break with general

427
First, suca journey would be pointless. A visitor fiorn Doha would have
found a sandy, windswept island populated by a small, closely knit
communityof simplepeople.They hadno rnoney.There were nosightsto be
seen, no entertainmentto be enjoyed.As for the wider environment,the arid
sketches ofthe Qatarmainlandto the eastofthe isIandswe-ethen, asnow-
one ofthe mostdesolate placeson earth. TheHawarIslanderswerejealous of
theirfishing grounds and gypsum quarries, and did not want strangers to
approach their women. Secondly,ucha voyage wouldhave beenarduous.To

go tothe Hawar Islands from Doha would have been a very long voyageby
the searoute,withal1the problemofwindandcurrentassociatedwithsailing
around a largepeninsula.Indeed,the WawarIslandsare in al1importaways
closerto Bahrain than to Qatar. What matters is the proximity of people to
each other,not that ofone sandnkto thenext.

428 Seethe map accornpanyingthe 1935QatarOil ConcessionbetweenRulerof
Qatar andAPOC,Ann. 105,Vol.3, p. 621.

429 British MifitaryReport entitled "Appreciationof the situation regarding the

Defence ofthe QatarPeninsula",January 1939,Ann.275, Vol5, p. 1138.
430
Ibid Ann.275, p. 1138.practise and travel by car fiom the PCL camp to the Ruler of Qatar's

residence outsideDohain 194 1,he reportedthat:

"the road lay across stony and uninhabited desert and the going
was fairlyrough;not a livingthing was seenfi-omsome 50miles
...itwas strangeto travel aboutthese wild parts at al1times of the
night without my kind of armed escort.~'~~'

In fact, in 1922 aBritishPolitical Agent, Major Clive Daly,had written

of his resolve to return from Doha to Manama by crossing the Qatar

peninsula overland, rather than the standard sea route around it. His

motive is revealing: "NoBritish Official appears to have yet made this

trip andit wouldbeinte~estin~."~~~

369. In this context,one cm easily believe the following commentin

Bahrain'sCounter-claimof 22 December 1938:

"It would appear that until about a year ago Shaikh Abdullah
ignored the existenceof these islands andthat he is now moved
to make a daim to them believing that they perhapscontain
,il"433

(ii) TheRulerof Qatar's obvious financial and economic motives

underrninedthe credibilityof his claim

370. Prior to 1938,Qatar showed little interest in the Hawar Islands.

In February 1938,having been infomed that Bahrain had entered into

negotiations with two oil companies for the possible grant of minera]

rights in the Hawar Islands (see paragraph 374), the Ruler of Qatar

431 Letter from Lt. Col. Ray, British PoliticalResident,to Secretaryto the Govt.
of India,19November 1941,Ann.296, Vol.5,pp.1205to 1207.

432 Letter frorn Maj.Daly,British Political Agent, to British PoliticalResident,
30 January 1922,Ann.241, Vol5,p.1064.

433 Bahrain Counter-clairn(in the form aflettefrom Charles Belgrave, the

Adviserto the Govt.of Bahrain,to HuphWeightrnan,BritishPoliticalAgent),
22 December1938,Ana. 274,Vol.5, pp. 1130to113 1.complained orally to the British Political Agent about Bahrain'sexercise

of authority over the Hawar ~slands.~~m ~ile the motivation for conduct

or inactivity is not usually relevant to the assessrnent of its legal effect,

the explanation of a change of conduct may confirm the significance of

inactivity before the time of the change and the corresponding lack of

significanceof the conduct followingit. Suchis the casehere.

371. The Ruler of Qatar'sclaim to the Hawar Islands was stirnulated

by greed for oil.

372. After the discovery and production of oil in Bahrain and the

Arabian peninsula, Qatar desperately sought producing oil fields of its

~wn."~~ In the 1930s,Qatar experiencedwidespread poverty, hunger and

di~ease.~~B ~oth Bahrain'sand Qatar's traditional sourceof income, the

pearling industry, had declined rapidly in the ewly 1930sbecause of the

invention of culturedpearls. Unlike Bahrain, Qatar did not have any oil

revenues to offsetthe economic stagnation. Qatar was particularly eager

to stemthe flow of emigration from Qatar to Bahrain which, during the

latter half of th1930s, was much wealthier than ~atar.~~'

373. In 1936,two years before Qatar made its first claim to the Hawar

Islands, British officiaishad identified the Hawar lslands as potentially

significant sourcesof oil production:

434 Letter fromHu& Weightman, British Political Agent, to Lt. Col. Fowle,

BritishPoliticalResident,15May 1938,Ann.257, Vol. 5,1096.
435
Althoughail was firçt diçcoveredin 1939,the Second World Warprevented
commercialexploitation until1946.
436
Report of Wugh Weightman, British Political Agent, 5 December 1939,
Ann.292,Vol.5,p. 1190. "[ThemainHawar Island]is a low,desolatelooking placenear to
the mainland of Qatar, but it is possible that it may have
considerablevalue nowthat oil has been found in Bahrain and is
hopedforin ~atar."~~~

374. Both Bahrain Petroleum Company("BAPCO") and Petroleum

Concessions Limited("PCL") - the oil companies operating in Bahrain

and Qatar respectively - consideredthat the Hawar Islands potentially

had significantoil depositsand fought bitterly with each other to obtain

r. UltimateIyBAPCOprevailed.

375. By virtue of an oil concession agreement signedin 1935by the

Ruler of Qatar, Petroleum Concessions Lirnited -a consortiumin which

British interests were dominant - had acquired rights over "the whole

area overwhich theShaikhmles and which is markedon the north of the

line drawn on the map attached to this ~~reernent".~~' There are two

equal and distinct elementsin that formula. The first is that the rights

related to territoryuled by the Sheikh. The second is that the rights

related onlyto suchterritoryas alsolies to the nortof theline drawn on

the map. Thus, the agreement did not purport to include territory that

was notmled by the Sheikhof Qatar,regardlessofwhere it waslocated.

376. Since the Hawar Islands are depicted to the north of the line

drawn on themapin question,it becarneconvenient tobothPCL andthe

Ruler of Qatar (asthe recipientof potential royalties) to ignore the first

element ofthe Concessionand insteadfocusexclusively on the map.On

that basis, PCL and the Ruler of Qatar argued that the agreement

acknowledged the Hawar Islands as belonging to Qatar. In a letter to

438 Letter from Lt. Col. Loch, BritishPolitictoALt. Col. Fowle, British
PoliticalResident,6 1936,Ann.247, Vol.5, p. 1074.

439 Agreementbetweenthe Ruler of Qatar and the AngIo-PersianOil Company
(predecessorofPCL), 17May 1935,Ann104,Vol. 3, p.616.PCL,~~*a British Government official imrnediately pointed out the

fallacy ofthe argument. He noted that in fact al1of Bahrain was to the

north of the line drawn on the map and explained that the purpose of the

linehad beento definethe southernboundary of the conce~sion.~~'

(iii) The Ruler of Qatar's daim was also made to alleviate

domestic problems

377. The Ruler of Qatar's claim to the Hawar Islands is related to

Qatar's armed attack on the Zubarah region in 1937, which aggravated

Qatar's economic difficulties. Although Qatar had succeeded in

occupying Zubarahmilitarily, the economic consequences of the armed

attack were crippling Qatar's weak economy because Bahrain had

imposed economic sanctions against Qatar (see paragraphs 293 to 294).

Almost al1imports and exports to and from Qatar during that period

flowed through Bahrain'sprincipalport in Manama(seeparagraph 225).

Coupled with the introduction of cuItured pearls fi-om Japan, the

Bahraini embargo was disastrous for Qatar. The claim to the Hawar

Islands was a bargaining counter against Bahrainiscornplaints about the

previous year's med attack on Zubarah and against the resulting

Bahraini embargo.

378. The British Political Agent'sAnnual.Report on Qatar for 1939

referred to dissatisfaction of the Qatar population caused by "poverty

due to the pearl slurnp and lack of employment."442The Report noted

that tribesmen on the Qatar peninsula were considering emigration to

440 LettefrornJ.C.Walton,India Office, London, to Mr. SkPCL,s14 May
1936,Ann.248,Vol.5, p.1076.

441 Ibid.

442
Report by Hugh Weightman, British PoliticAgent,5 Decernber 1939,
Ann.292, Vol5,p.1190.Bahrain or Saudi Arabia as a result of the Ruler of Qatar's refusa1ta

agreeto sharethe benefitsof any oil production:

"ShaikhNassir bin Jasim [oneof the Ruler'sbrothers]took upon .

himself to speak plainly to the Ruler and wam him that his
niggardliness in money matters and handling of empIoyment in
the oil Co.was losinghimthe supportof the tribesmen he needed

to controI Qatar and his prospective oil field, and helping his
Bahrainenemiesto undenninehis a~thorit~."~~~

379. Qatar's populationwere easily persuaded to leave, given the

abjectpovertythroughoutQatar, coupledwith:

"The Ruler'sand his son Hamed'sgreed wkich makes them not

only retain al1the oil money444but also control for their own
benefit employment in the oil Co. Neither can see that Arab
standards of life are chsuigingand the rising generation with its

contact with the outside world can no longer be deceived and
repressed."445

380. By engaging Bahrain in a dispute about sovereignty over the

Hawar Islands, the Ruler of Qatar was hoping to alleviate his internal

problems. Then as now, Qatar had IittIe to lose in advancing such a

claim,and muchto gain.

C. Theadjudicationwas formal. lepitirnatandcomprehensive

3 81. Afterthe Rulerof Qatarcomplained tothe British PoliticalAgent

in Febmary 1938about Bahrain'sexercise of authority over the Hawar

443 ibid.

444
Oil revenuesiQatar in this period were Iirnited to explorationfees ("up-
front"payments).
445
Report by Hugh Weightman, British Political Agent, 5 Deceni1939,
Ann.292, Vol.5,p.1190.Islands,the British Political Residentsuggestedthat Qatarmightpresent

a forma1claimforthe HawarIslands to the British Government.446

382. On 10May 1938, the Ruler of Qatar, SheikhAbdulla, stated his

firstwrittenClaimto the Hawar Islandsinthe followingterms:

"Hawar is, by its natural position, a part of Qatar, and it is not
hidden to anyone who is acquainted with geographical and

naturalcondition and has seen the natural position of Hawar that
it is, beyond doubt, a part of Qatar though it is a small Island
separated by a shallow channel of water. But by its present

positionit isattachedto Qatar,formedby it and belongs toit."447

383. The British Political Agent immediately remarked of Qatar's

case:

"it remains to be seen whether the Shaikh of Qatar can in fact

produce any evidence in support of his claim other than a mere
referenceto geographical location,whichpresumablywill not by
itself serve to contest theBahrain claim supported as it is, by

physicaloccupation."448

384. Britain's evaluation of the dispute then took on the principal

attributes of a forma1adjudication. In a letter dated 20 May 1938, the

British PoliticalAgent informedthe Ruler of Qatarthat Bribin would:

"givethe fullestconsideration toanyformal clairnput fonvard by
you [the Rulerof Qatar]to the HawarIslands,provided thatyour
claim is supported by a full and complete statement of the

evidence on which you rely in asserting that you, as [Ruler of
Qatd, possesssovereigntyovertl~ern."~~~

446 See interna1note of Sir TrenchardFowle, BritishPolitical Resi5eApril

1938, Ann.254, Vol. 5,p. 1090. The proposed approachwas discussed
betweenthe lndia Officand the Foreign Offic- see letter, 13 April 1938,
Ann. 255, Vol. 5, p.1092.
447
QatarClaim(inthe formoftwolettersfrom Rulerof Qatarto BritishPolitical
Agent, 10Mayand 27 May 19381,10May1938,Ann. 256, Vol.5,p. 1094.

Letter fiom Hugh Weightman, British Political Agent, to Lt. Col. Fowle,
BritishPoliticalResident,15May f938Ann. 257,Vol.5,p. 1097.

449
Letter from HughWeightman, British PoliticalAgento Ruler of Qatar, 20
May 1938,Ann.258, Vol.5, p. 1099.385. At the outset, the British Political Agent established the

adjudicatory nature ofthe investigation.Inthe Political.Agent'swords:

"LI explainedto the Ruler of Qatarthat] 1could offer himno hope
that His Majesty's Government wouid disturb the sfaritusquo
while his claim wasunder consideration; it was cornmonpractice

that when a person laid claim to property in the actual physical
occupation of a second party, that party was Iefi in possession
until the new claimant had established his right before a

tribunal,."45(Emphasis added.)

386. Qatar'sClairndescribedthe basis ofthe Ruler'sclaim as follows:

"Sn my capacity as Ruler of Qatar territory including coasts,
islands, promontories and everything belonging to it, I have the

right of ownershipoverthese i~lands."~~'

387. On 3 June 1938,the British Political Agent noted theprima facze

weakness, ifnot inexistence,of Qatar'sClaim:

"In regard to the substanceof the Shaikhof Qatar's claim,it will
be observedthat it consists of (1) a bare assertion of sovereignty
and (2) the affirmation that the Hawar Islands are part of the
geographicalunit of ~atar."~~~

388. After receiving the Claim,the Political Agent met directly with

the Ruler of Qatar in Doha and "discussed the matter at considerable

length with Sheikh Abdullah [theRuler of Qatar], his sons Hamad and

Ali and his Secretary Salehal ana."^' ^ven after that meeting, he

noted that:

"No evidence is offered of formal occupation by Qatar, no
mention is made of collection of taxes, of sale of fishing rights,

450
Letter from Hugh Weightman, British Political AgtotLt. Col. Fowle,
BritishPoliticalResident,3 June Ann.,262,Vol.5,p. 113.
451
QatarCIaim(inthe formof twolettersfiom RuIerQatarto British Political
Agent,10Mayand27 May 1938),27 May 1938,Ann.260,Vol. 5,p.1104.

452 Letter from Hugh Weighhian, British Political Agent, to Sir Trenchard
Fowle, BritishPoliticalResident,3 JuneAnn.8262, Vol5,p. 1114.

453 IbidA,nn.262, Vol. 5, p12.1 of the exercise ofjudicial authority, or indeed of the performance
ofanyfunction which might denote sovereignrights."454

389. Yet in this conversation with the Ruler of Qatar, the British

Political Agent had ensuredthatthe Qatariposition was stated as fully as

the Ruler possible could:

"1 enquired repeatedly whether this letter [the 27 May 1938

Claim], read with his previous letter of the 110 May 19381,set
out his daim in al1the detail which he wished to place before His
Majesty's Government or whether he had any other evidence,
documentary or othenvise, which he would wish to submit. He

replied that he had set out al1that he wished to say in these two
letters, that he had no other evidenceto offer (and saw no need
for it) and that he relied on the justice of Wis Majesty's

Go~ernment."~~( ~Emphasis added.)

390. The Ruler of Qatar asked to be allowed to be informed of

Bahrain'sevidence of its sovereignty over the Hawar Islands in order to

fiame Qatar'scasemore effecti~el~.~~~ ~his was a strangerequest fiom a

State insisting that it alone had sovereigntyover the tenitory in question,

but was clearly prompted by Sheikh Abdullah's ignoranceregarding the

Islands. He made the request in writing on 15 June 1938, in the

followlng ternis:

"Perhaps, if1 hear the statement which they consider it to be the

ground on which they base their aggxession, 1may be able to
rebut it and frustrate it andproduce something which may prove
my ~lairn."~~'

454 Letter from Hugh Weightman, British Political Agent, to Sir Trenchard
Fowle,BritishPoliticalReside3June 1938,Ann. 262,Vol. 5,p. 1114.

455 IbidAnn. 262,Vol. 5pp. 1112to1113.

456
Letter from Ruler oQatar to Hugh Weightman, British Political Agent,
15 June1938,Ann. 263,Vol.5,p. 1115to 1116.391. British officials were at first reluctant to give Qatar such an

advantage not intended tobe availableto Bahrain. The British Political

Agent describedhis interview withthe Ruler of Qatar in the following

terms:

"[The Ruler of Qatar] demanded the right to see the Bahrain
Government'scounter-claim,'inorderto enablehim to rebut it'.1
replied that 1 was unable to give hirn an assurance that His

Majesty'sGovernmentwouldagreeto suchprocedure,andthat in
my own opinion it was impossible to conternplatea procedure
enabling each party in turn to rehearse the arguments, counter-

arguments,rebuttal,counter-rebuttaland so on of the other, since
this would render a decision impossible in his life-time or in

392. LocalBritish officialsthus refusedQatar'srequest on the ground

that the Ruler of Qatar had alreadyhad an opportunity to state his case

and had confirmedthat there was no other evidence on whichhe would

seek to rely.459That decisionwas overruledby the British Government

in London,which consideredthat:

"while recognising that Sheikhof Qatar rnay be able to add

nothing of substance tothe statementshe has alreadymade ...on
the whole it would be preferable to give him an opportunity to
comment on the Bahreinrepiy. "460

393. Bahrain was fonvarded a copy of Qatar's Claim on 14 August

1938.~~' On 8 November 1938,the British PoliticaI Agent sent a letter

458
Letter from Hugh Weightman, British Political Agent, to Lt. Col. Fowle,
British PoliticalResident,3June 1938,Ann.262, Vop. 1113.

4'9 Seee.g. letterfrom Lt. Col.Fowle,BritishPolitical Resident,to the Secretary
of State to Govt.of lndia and copiedto HughWeightman,British Political
Agent,27 June 1938,Ann.264,Vol. 5p. 1117.

460 Letter from Secretaryof State for lndia to Lt. Col. TrenchardFowle, British
PoliticResident,21July 1938,Ann.269, Vol. 5, p124.

46'
Letter fromCapt. Howes, Acting British Political Agetothe Govt. of
Bahrain, 14August 1938,Ann.270,Vol.5,p.1125.urging Bahrain to hand in its Counter-claim as soon as possible.462

Bahrain sent its Counter-claim to the British Political Agent on 22

Decernber 1938~~a ~ndit wasfonvarded tu Qataron 5January 1939.~~~

394. The content of Bahrain's Counter-claim of 1939 was Mly

consistent with Bahrain'spositiontoday.

395. Qatar was then allowed almost three months in which to

composeits Rejoinder. (It had ofcoursebeen in a position to refine its

argument for the preceding six months.) Qatar initially complained of

the three-rnonththe-limit imposed by ri tain,^b^^t it did noraise the

matter when it submitted the Rejoinder on 30 March 1939. On the

contrary,the Ruler of Qatardeclared in his Rejoinder that:

"...1 have explained my comments and remarks to Your
Excellency as fully as is required bv the circumstances of this

....466(Emphasisadded.)

396. Qatar'sRejoinder included fifteen pages of comments on

Bahrain's~ounter-daim.467Theassertion of Qatar'sclaim to sovereignty

over the HawarIslandswas consistent in itsreliance on pure geography:

"(W)e ask the Bahrain Govement whether the Hawar Islands,

fiom a geographical point of view, comprise a part of Bahrain

462 Letter frorn Hugh Weightman,British Political Agent,to CharIesBelgrave,

Adviserto the Govt.of Bahrain,8 November1938,Ann.272, Vol.5, p. 1127.
463
BahrainCounter-daim (in the fonn of a letter from Adtothe Govt. of
Bahrain to British Political Agent), 22 December 1938,Ann.274, Vol.5,
p.1129.

464 Letter from Hugh Weightman,British Political AgtotRuIer of Qatar, 5
January 1939,Ann,276,Vol.5,p.1141.

465 SeeletterfromRulerof QatatoHughWeightman,BritishPoliticalAgent, 19
March 1939,Ann.277, Vol.5,p. 1143.

466
QatarRejoinder(inthe fom of a letterfromRuler of Qatarto British Political
Agent),30March 1939,Ann.279, Vol.5,p. 1160.
467
IbidA,nn.279,Vol.5,p.1146. cornpletingitfromthe southor a part of Qatarcompletingit from

the north? ... The Hawar Islands are considered, fiom a
geographicalpoint of view,as aparw thich completesQatarfrom
the North. Any one who has the least primary knowledge of

geographywill agree withthi~."~~~

Qatar's confusion regarding the location of the Hawar Islands

demonstratedby this assertionhas been discussed in paragraphs 361 to

362.

397. Qatar'sRejoinder implicitly acknowledgedthat Sheikh Abdullah

had never been to the Hawar Islands but asserted vaguely that: "the

[precedingRuIerof Qatarj has visited it many times and many others of

the people of Qatar had visited No evidence was adduced in

support of this contention. The Rejoinder also made reference to

affidavit testimony of witnesses making the unsupported assertion that

the WawarIslands constituted apart of northern ~atar.~~'

398. TheRuler of Qatar's only claim tohave exercised authorityaver

the Hawar Islandswasby referenceto a farnilyof the Dowasirtribe who

lived at Zellaq, in Bahrain, but "[who] used to frequent Hawar for

fishing purposes".47'This family were allegedly "attacked at [Hawar]

andthey put a complaintbeforemy late father ShaikhQasimwhoheard

their complaintanddecided againstthose whohave attackedthem onthe

ground that the attack took place in his own territ01-f"'~~S ~heikh

Abdullah claimed that there were reliable witnesses to this event who

468
IbtdAnn.279,Vol.5,pp.1 152to 1153.
449
Ibid Ann.279,Vol. 5,p.1154.

470 Ibid, Ann.279, Vo5,pp. 1161toI162.

471 QatarRejoinder(in theformof a letterfromRulerof QtoBritishPolitical
Agent),30March 1939,Ann.279, Vol.5, p. 1157.

472 Ibid.would "give their evidence about the same." No evidence was (or has

sincebeen) produced insupportof this assertion.

399. The most notable feature - then and now - about Qatar'sclairnto

the Hawar Islands is the total absence of anyevidence of any Qatari act

ofadministration there.

400. A full Report dated 22 April 1939, including a record of the

proceedings and an analysis of the evidence, was prepared by the

PoIitical Agent before the decision was handed do~n.~'~His analysis

was assisted bytwo visitsto the Hawar ~slands.~~~

401. The British Political Residentfor the Gulf, Sir Trenchard Fowle,

then fonvardedthe Political Agent's Reportto the British Goverment in

London,commendingit as "a veryclear statement ofthe case 1.75

In London, the Government'sinterna1analysis concluded that,
402.

despite al1the timethat hadpassed sinceQatar'sClaimandthe extensive

exchangeof correspondence:

"The Sheikh of Qatar has been able to produce no evidence

whatsoever in support of his claim. He relies solely on an
assertionof sovereigntyandon geographicalpro~imity."476

403. On 13 June, the British Governent decided in favour of

Bahrain'sclaim to sovereignty overthe Hawar Islands, conditional on

473
WeightmanReport,22 April 1939,at Ann.281, VoI5,p. 1165,

474 See marginalof notes of HughWeightmanB, ritish PoliticalAgent indicating
histwo visits, on QatarRejoinder(in the formlettefrom Rulerof Qatar
to BritishPolitiAgent),30 March 1939,Ann.279,Vol. 5,p. 1152.

475 LetterfromLt.Col.Fowle,BritishPolitical Resident,to Secretaryof Statefor
India,29April 1939Ann. 282, Vol.5,p. 1173.

476
IndiaOffice minute,7June 1939,Ann.283, Vol5,p. 1175.the agreement of the British Governent of ~ndia.~~~ The latter

communicated its agreement on 1 JU~~.~B ~~itain's decision was then

cornmunicatedto the RulerofBahrain andthe Ruler of Qatar on 11 July

by the British Political Resident, Sir Trenchard Fowle, in the following

terms:

"...1 am directed by His Majesty's Governent to inform you
that, after careful considerationof the evidence adduced by Your

Highness and the Shaikh of Qatar, they have decided that these
islands belong to the State of Bahrain and not ta the State of
~atar-''~~~

D. Janan and Hadd Janan islands were included within the

ambitof theBritishadjudication

404. Theremay be a questionas to whether Britain'sdecision included

Janan. The name Jananrefers to two islands, situated between one and

two nautical miles off the southern coastofJazirat Hawar,which merge

into a single island at low tide. Thetwo islands have a combined surface

area of just over 0.1 kmZ and are called Janan and Hadd Janan.

Genexally, however, they are referred to together simply as "Janan."

Sirice the low-water line is relevant for determining the breadth of

Bahrain'sterritorial sea, the islands of Janan and Hadd Janan effectively

constitute only oneisland formaritimedelimitation purposes.

405. There is no reason to exclude Janan ftom the Hawar Islands.

Janan was used by Hawar residents and other Bahraini fishermen.

According to the testimony of one HawarIslander:

477 Lettehm ForeignOffice(London)to IndOffice(London),13June 1939,
Ann.284(a)Vol.5,p. 1176.

478 Letter fiom Deputy Secretroythe Govt. of India to the British Political
Agent,LtCol Fowle,1July 1939.Ann. 286Vol. 5, p1181.

479
LettersfromLt. CoFowIe to RulerofBahrain11July1939Ann.287, Vol.
5,p.1182andRulerof Qatar,11July1939,Ann.288, Vol5,p. 1183. "Apartfrom the main Hawar Island, there were many fish traps
on the other islands. Just north of the island of Janan,there were

many reefs which weredangerous for fishing dhows. A pipe was
therefore built there by the Bahrain Government to lead the
dhows away from the reefs. I remember that a fisherman from
Muharraq once accidentally hit the pipe and broke hisdhow. He

was compensated by the Bahrain Government, by Sheikh
~a1rna1-1."~~~

Another formerresident States:

"Many of the Hawar Islanders also had fish traps on the other

[Hawar]islands. They wouIdsail there to check the traps and put
up makeshift shades. Janan Island and Hadd Janan were
particularlyrich in fish and many Hawar Islandershad fish traps
there, including rny father and Muhanna bin Hazeem from the

South~il~a~e."~~'

SECTION3.4 The Stateof Oatar was created at a vreat distance

from the Hawar Islands and its Rulin? Farnilvhad

never exercised author- there

406. In the unlikely event that the Court were not to consider

Bahrain'ssovereignty over the Hawar Islands to be resjudicata, Bahrain

considers that it cm easily demonstrate that ithas a better claim than

Qatar does.

407. Chapter 2 of this Memorial dealing with Zubarahhas described

at length the distinct historical evolutions of the States of Bahrain and

Qatar. When considering the status of the Hawar Islands over the last

200 years, it isneceçsaryto recall that until almost the last quarterofthe

19th Century virtually the whole of the Qatar peninsula was subject to

4s0 See staternent of Hamoud bin Muhanna bin Harnadal Dosari, para. 26,
Ann.313(a),Vol.6, pp. 1368to 1369.

481
See statement of Salman bin Isa bAhmad bin Saad al Dosari, para. 7,
Ann.3 15(a)Vol. 6p.1393. See also statementsof Ibrahim bin Salmanbin
Ahmed Al Ghattam,para.21, Ann. 316(a),Vol.6, p. 1405, and Nasr bin
Makkibin AlialDosari,para. 16,Ann.314(a),Vol. 6, pp. 1382to 1383.the authority of the Rulers of Bahrain (see Section2.2 starting at

paragraph 104). Thisauthority wasonly affected toa limited degree by

the presence of the Ottomanauthorities.As to the islandsin the Gulf of

Bahrain,theynevercamemder Ottomanmie.

408. The main island of Bahrain, the Zubarah region and the Hawar

Islands fomed a triangle of populated territory under Bahraini

sovereignty, interconnectedby easy passagesover the shallow watersof

the Gulf of Bahrain. The peoples of Bahrain moved unhindered within

this triangle. TheotherpopuIationcentreof the region- Doha Town and

its environs - was on the other side of the Qatar peninsula. The

populations in the main island of Bahrain, the Zubarah region and the

Hawar Islandswere focused on the Gulf of Bahmin.The population of

Doha Town and its environsmade their living on the waters to the

of the Qatar peninsula, where their primary concern was their ofien

difficult relationship with Abu Dhabi wllich competed for fishing and

pearlbanksthere.

409. As will be recalled in Section3.5, Bahrain'ssovereigntyover tbe

Hawar Islands was already established in the first quarter of the 19th

Century. At that time, there was no State of Qatar, nor even any

settlements on the western Coastof the Qatar peninsula opposite the

HawarIslands(seeparagraphs 107 and 117).Not until the establishment

of the oil tom of Dukhan in 1949 was there any significant regular

human habitation ofthe western part of the Qatar peninsulaoutside the

Zubarah region. No tribe on the Qatar peninsula made, or could have

made, a claim to the Islands. Nor didthe Al-Thanichiefs of Doha Town

makeany suchclaim.

410. Bahrain'sauthority over the Qatar peninsula receded gradually

towards the north and Westduring the period of the Ottoman Empire'spartial occupation of the Qatar peninsula (see Sections2.5 to 2.10

starting at paragraph 140). Even so, the occasional authority exercised

by the Ottomans or the Al-Thani in the Qatar peninsula had no impact

on the Hawar Islands. Indeed, there is compelling evidence that the

Ottoman Empirerecognised thatthe Hawar Islands belonged to Bahrain,

most demonstrably he Ottoman Amy surveyof 1878reproduced an the

following pages. In 1909, the Ottoman Empire attempted to annex

Zakhnuniyah Island, an island in the Gulf of Bahrain offthe coast of the

Arabian peninsula that was regularly occupiedby the Bahraini branch of

the Dowasir tribe andwas part of Bahrain (see paragraphs 426-431).

Britain prevented the annexation. The British Political Agent, Captain

F.B. Prideaux, noted that ZakhnuniyahIsland was similar to the Hawar

Islands, in terms of Bahraini sovereignty, andthat Britain had to prevent

the annexation because, othenvise, the Ottomans"will then naturdly be

encouraged to go on to ~awa.....''.~~S~ubsequently, a secret declaration

annexed to the unratified treaty of 1913 between Britain and Turkey

refened to an agreement between the Parties for the Ottoman

Government to pay compensation to the Shaikh of Bahrain for his

renunciation to his rights to ~akhnuni~aht ;his"acknowledgement of

Bahrain's rights in Zakhnuniyahserves also as an acknowledgernent of

Bahrain's rightsin the HawarIslands, which of course were not ceded.

411. The status of the Hawar Islands as part of Bahrain remained

unquestioned until Qatar's claimin 1938.No matter what point of time

one chooses to compare the nature of the authority of Bahrain and of

482 Letter from Capt. Prideaux, British Political Agent, to Maj.Cox, British

PoliticalResident, 20 March1909,Ann.235, Vol.5, p. 1038.
483
Resolutions approved at the meetinof the Ottoman Cabinet Council,
19April 1913,Ann.240A, Vol.5, p. 1063aand Secret Declaration annexed
to Conventiobetweenthe UnitedKingdomand Turkey regardingthe Persian
Gulfandadjacentterritories,29 July 1913,Ann.240B, Vol.1063e.Qatar over the territory of the Qatar peninsula, the Al-Thanifamily or

the State of Qatar was never in a position to sustain a claim that it

controlledinanywaythepeopleorthe territoriesof the HawarIslands.

SECTION3.5 The Ruler of Bahrain's authority over theHawar

Islands durin? the century precedino Britain's

recoynition of Oatar in the 1916 Treaty is well

documented

412. The exerciseby Bahrain of authorityover, and in relation to, the

Hawar Islandsduringthe yearseven before19 16 is wellevidenced.

413. In 1783,the Al-Khalifa -then based in Zubarah - defeated the

Persiangarrisononthe main islandof Bahrainand established dominion

overthe islandsof the Gulfof Bahrain (see paragraphs109to 112). The

authority of the Ruler of Bahrain over the Hawar Islands in particular

was recognised by the inhabitants of the region. Following the Al-

Khalifavictory,a branchof the Dowasirtribe requestedpermission from

the Al-Khalifa to settle in the Hawar Islands andwere granted that

permission by the highest-rankingreligious and legal officia1of the Al-

Khalifafamily,the Qadiof~ubarah.~'~

414. TheDowasirsettledpeacefuIlyin the HawarIslandsaround 1800

under the authority of the Ruler of Bahrain. Like most of the island

inhabitants of Bahrain at that time, they lived by fishing and pearling

fromthe waters oftheshallowGulf of Bahrain.

"'
III 1909, correspondencefrom the British Political Agent to the Political
Residentsubstantiatedthe existenceof this grant and indthatat that
time, evidence thewrittendecisionof the Qadi was still preservedby the
Dowasir. Letter from Capt. Prideaux British Political Agent, to Maj.Cox,
British PoliticalResi4eApril 1909,Ann.236, Vol. 5,p. 1039. This Ietter
isalsoreferredto in the WeightmanReport,22 April 1939,Ann.281, Vol. 5,
p.1168.415. Bahrain'sauthority over the Hawar Islands was confinned in

oficial British records published in the 1820s. A British Indian Navy

officer, Captain George Bmcks, conducted a comprehensive official

survey of the Arabian Gulf between 1821to 18~9.~''In relation to the

Hawar Islands, referred to at that time by Europeans as "Warden's

~slands",@B ~rucksobserved:

"Warden'sIslands is a group of eight or nine islands and rocks
extendingfrom lat. 25-46-25N, long. 50-55Etc~ lat25-33N,long

50-53-20E.The principalis calledAl Howahk,and is about four
miles long. It has two fishing villages on it, and belones to
ah rein." ^E^^ phasisadded.)

416. The thoroughness of Captain Brucks'approach is shom by the

followingextracthom his introduction:

"...Wh&1have done is to try and place the situation, numbers
and manners of the people I have visited, and who are little if at

dl known, in as clear a point of view as my information and
abilitieswouldpermit.

My information has been obtained in the following rnanner: 1
have proposed to the chiefs certain questions relative to the

tribes,and their localiries, of the revenues, trade, &c which 1
have noted, with their replies. This 1have done to sseveralother
persons at different periods,andthentaken such of the substance
i488
as appearedto agree the best ....

417. The political relationship between the Hawar Dowasir and the

Ruler of Bahrainwas aErmed and reinforced in 1845when they were

485
Capt.Bruckç,op.cit.,Ann.7, Vo2,p.92.

486 The islands appeatohave been narned by the ArabianCoast Survey after
FrancisWarden,the First Secretaryto the Govt. of India in the earlyyears of
the nineteenth centuand theauthorof Historical Sketch of the Uttoobee
TribeofArabs (716 to18171.

488 Ibidatp. 105Ann. 7,Vol.2,p. 93.invited by the Ruler of Bahrainto settle onthe main island of ~ahrain?'~

wfiile atthe same time continuing their life on the Hawar Islands. The

Hawar Dowasir accepted the invitation and established two towns -

Budaiya and Zellaq - located on the west Coastof the main island of

~ahrain.~"

418. With the Dowasir's new settlements on the main isiand of

Bahrain, the inter-island exchanges naturally increased. There was

regular traffic between the main island of Bahrain, MuharraqIsland and

the Hawar Islands. Dowasir economic activity centred on gypsum

extraction from Jazirat Hawar, and fishing and pearl diving from the

shallow waters of the Gulf of Bahrain. Dowasir dhows made the easy

crossing to the main island of Bahrain - 11nautical miles away - taking

fish and gypsum fkom the Hawar Islands to the nearby markets in

Manama and Muharraq and returning with goods and supplies,

particularly fresh water. Thepattern of commercialactivity ofthe Hawar

Islanders thus established was to continue until the discovery of oil in

theregion.

419. Many of the Dowasir who lived on the main island of Bahrain

spent five months of the year there during the pearling season and the

remainder of the year on the Hawar Islands. Although the presence of

some Hawar Islanders was seasonal, the settlement was nevertheless

permanent (see paragraphs 458 to 465). The ruins of old mosques and

the six cemeteries on the Hawar Islands, one a children's cemetery,

dernonstrate the stability of the community there (see paragraphs 463 to

464).

489
LorimerVol. Ilop. cip.,391,Ann.74, Vol.3, p. 378.
490
Ibid. These communitiesare still thrivitoday.It is possibltolocate
thousandsof descendantsoftheseoriginalDowasir still livingin Bahrain.420. There was no contact between the Hawar Islanders and the

inhabited locations on the eastern side of the Qatar peninsula. The

settlements around what eventually became Doha - 150 kilometres'

sailing around the peninsula, or80 kilometres across a hostile desert -

had much less to offer than the markets in Manama and Muharraq,

which were major trading centresfor the Gulf of Arabia. There is no

evidence that the Hawar people made any effort to cultivate contacts

with the faside of the peninsula. In any event, the few hundred people

in Doha and Wakrah were not potential suppliersor customers for the

Hawar Islanders. Rather, theywere potential cornpetitorsin fishing and

pearling.

421. In 1871, the Ottoman Empireannexed Doha and its environs.

This changed the political configuration of the Qatar peninsula and

undemined the position of the Ruler of Bahrain as the sovereignpower

in the east ofthe peninsula (see paragraphs 156to 158 and Section2.9,

starting atparagraph 195). However, at no time in the course of the

Ottoman petiod did the Ottomans or the AI-Thani chiefs of Doha ever

interest themselves in the Hawar Islands or seek to exercise authority

over the Bahraini subjectsthere. The patterns ofintercoursebetween the

populations of the main island of Bahrain and the Hawar Islands

continued uninterrupted.

422. Lorimer'sGazetteerreferred to Jazirat Hawar and the Dowasir

occupationofit as follows:

"[Jazirat Hawar is about] 10 miles long, north and south, and
roughlyparalleito the Qatar Coast.Thereare nowells but there is

a cistern to hold rainwater built by the Dawasir of ZeIlaa in
Bahrain who bave houses at two places on the island and use them in winteras shooting boxes.Fishennen also frequentHawar
....49(Emphasisadded.)

423. Lorimer'sGazetteerincludedthe Hawar Islandsunderthe section

entitled "Placesand features of the Coast - West side of Qatar". Qatar

has sought to rely on this geographicalnotation as somehow reflecting

an understanding of sovereignty over the Hawar ~slands.~~~ Such

reliance is unjustifed. Bahrain does not dispute the fact that the Hawar

Islands are features that are located near the "West side of Qatar," but

that factdoesnot create sovereignty.

424. On 4 April 1909,the British Political Agentwrote a letter to his

superior, in whichhe describeda recent trip he had taken to Hawar. On

the island, CaptainPrideauxhad observed "two similarwinter villages"

and in onelocality:

"a collection of 40 large huts under the authority of a cousin of
the tribal principal Shaikh. This individual is ...related by

rnarriageto ShaikhIsabin Ali [theRuler of ~cthrain]."~~~

In the sarne letter, Prideaux also referred to the original grant to the

Dowasir by the Kazi [Qadi]of Zubarahwhom he correctly describedas

"anofficialof the ~l-~halifah"~~~ (seeparagraph413).

425. The authority and sovereigntyof the Ruler of Bahrain overthe

Hawar Islands was recognised by the Ottoman Empire. During the

Ottoman Empire's occupation of the southern part of the Qatar

49' Lorimer,Vol.IIop. cit,,p. 1513,Ann.74, Vol. 3,p. 399.

492 State of Qatar Reply (Questions of Jurisdiction and Adrnissibility)
28 September1992paragraph2.09 at.p. 9.

493
Letter from Capt. Prideaux, British PoliticalAgent, to Cox, British
Politicalsident,4 April 1909,Ann.236, Vol.4, p1041 to 1042.
494
Ibid,Ann.236, Vol.4,p. 1042.peninsula, neither the Ottomans nor the Al-Thani chiefs of Doha were

involved in any way with the Hawar IsIands. Indeed, an Ottoman

political survey map drafted by Captain Izzet of the Imperia1Army of

the Ottoman Empire in 1878, shows the Hawar Islands to be part of

Bahrain (see map afterpage 6).

426. Bahrain's sovereignty over the Hawar Islands was implicitly

confimed in 1909 by bath Britain and the Ottoman Empire in

comection with the Zakhnuniyah incident referred to above (see

paragraph 410). Zakhnuniyah Island was regularly occupied on a

seasonal basis by members of the Bahraini ~owasir.4'~ The British

Political Agent observed that they used it as a fishing base.496The

Dowasir, "Bahrainsubjects, were living in two or three temporaryhuts

at the southern extremity of the island and were engaged in fïshing for

sharks, swordfish etc ..."?97He also observed a dilapidated fort on the

west side of the island built, according to the Ruler of Bahrain, by his

father, Sheikh Ali. In 1909, troops of the Ottoman Empire landed on

Zakhnuniyah and declared that it had been annexed by the Ottoman

Empire. A report dated 20 March 1909, f?omthe British Political Agent

to the Political Resident notes: "...Mudir fiom Ojairhad recently been

over [toZakhnuniyah]andhad fixed aflagstaffon the ruined 'fort' on the

island claiming it as Turkish teri-it~r~."~~W~hen the Ruler of Bahrain

was informed by the Dowasir of this Ottoman interference, he

495 Letterfiom Capt. Prideaux, British Political Agent, to Cax, British
PoliticalResiden4 Apri1909,Ann. 236,Vol.4, p. 1041.

496 Ibid.

497 Ibid.
498
Letter from Capt.Prideaux, BritiPoliticalAgent, to Maj. Cox, British
PoliticalResident,20 March 1909,Ann.235, Vol.4, p. 1034.protested.499Britainalsoprotested tothe OttomanEmpire,relyingon the

Ruler of Bahrain's sovereignty over Zakhnuniyah by virtue of the

islandsfregularseasonaluse by the Dowasirof ~ahrain.'~~

427. Bahrainand Britain were concernedthat, if the Ottoman attempt

to annex ZakhnuniyahIsland was successhl, then the Ottomans might

be ternptedto make asirnilarclaimto the Hawar~slands.~~T 'his concern ., ,

flowed from the substantial similarities between the character of the

Ruler of Bahrain's authority over the Hawar Islands and over

SakhnuniyahIsland.As CaptainPrideaux observedinhis report:

"The facts are that Dowasir of Budaiya and Zellaq on the north
west coast of Bahrain are in the habit of every winter partially
migratingto Zakhnuniyahand Hawar Islands for fishing (sharks

as wellas ediblefish)andhawking ....

The Mudir [anofficial of the Ottoman Empire] the other day,
told the Dowasir whom he found [on Zakhnuniyah] that they
should recognise thernselves as Turkish subjects and he only

asked them to haul up and lower the [Ottoman] flag each day.
Theyrepliedthat they could onlv followtheir ownheadmanwho
resided in Bahrainand resolutelydeclinedto have anythingto do

withthe [Ottoman]flag...

1 stronnlydeprecatelettine the Turks keeu Zakhnuniyahas they
wiIl then nahirally be encouraeed to go on to Hawar ....02

(Emphasisadded.)

428. The Ottoman troops were soon withdrawn. The British

AdministrationReport forBahrain for 1909records:

499 Letter from Capt. Prideaux, British Political Agent, to Cox, British
Politicalreside4tApril 1909,Ann. 236, Vol.4, 1042.

500 Administration Report for Bahrain for the year 1909, Ann.237, Vol. 4,
p. 1044.

501 Letter ftom Capt Prideaux, British Political Agento Maj.Cox, British
PoliticalResiden20 March 1909,Ann.235, Vol. 4, pp. 1037to 1038.

'O2
Ibid,Ann.235, Vol. 4, pp. 1037to 1038. "Representationas regards thesoldiersandthe f lgwere made to
the Porte andthe troopswerewithdra~n."'~~

429. In 1911,the British Administrative Reportsfor the Persian Gulf

states:

"Accordingto al1reports received,no Turkish garrison has been
stationed on the island duringthe year. The Dosoris Il)owasit]
there at the end of the year were on occasions hoisting Shaikh

Isa's flag [the flag of Bahrain]..othenuise no flag was being
flo~n."~O~

430. Subsequently,by a secret declaration annexed to the unratified

1913 Treaty between Britain and Turkey, the British Govemment took

note of the decision of the Ottoman Government to pay £1000 to the

Shaikh of Bahrainby way of compensationfor the renunciationby him

of al1claim to the Island of ~akhnuni~ah.~~I f Captain Prideauxwas

right in believingthat legally Zakhnuniyahand the HawarIslands were

in a similar position, this acknowledgement by Turkey of Bahrain's

rights in Zakhnuniyah Island (no less a fact becauste he declaration

never entered into force) also serves as an acknowledgement of

Bahrain'srights overthe HawarIslands.

43 1. A number of conclusionsmay be drawn from the Zakhnuniyah

incident. First, the Bahrain Dowasir, who also include the Hawar

Islanders, clearly recognised the authority of the Ruler of Bahrain.

Second, they reported foreign interference to the Ruler of Bahrain.

'O3 AdmjniStratiOn Ann. 237, Vol.4,
p. 1044.

'O4 Administration Re~ort for BahminPolitical Agency for the ye1911,
Ann.240, Vol.4, p. 1054.

'O5 See Resoiutionsapprovedat the meetingof the OMomanCabinetCouncil,

19April 1913,Ann. 240A, Vol.5, p. 1063a and Secret Declarationannexed
to convention betweenthe UnitedKingdomand Turkeyregardthe Persian
Gulfand adjacentterritories,29July1913,Ann.240B,V15,p. 1063e.Third, the Ruler of Bahrain protested against foreign interventionthere.

Fourth, Britain acknowIedgedthe allegiance of the Bahrain Dowasir to

the Ruler of Bahrain. Fifih, Britain acknowledged that that relationship

supported Bahrain's territorial sovereignty in relation to Zakhnuniyah

and the HawasIslands. Sixth,the Ottoman Empire had made no attempt

ta extend theirchallengeto the Ruler of Bahrain'sauthority inthe Hawar

Islands.

432, ln 1873, the Ruler of Bahrain was staying on the Hawar Islands

when some passing Ottoman soldiers were shipwrecked there.jo6The

Ruler caused the soldiers to be transferred to the mainisland of Bahrain

and frornthere onwardto their intendeddestinati~n.~'~

433. Even before the First World War, Bahrain rnanifested its

authority over the Hawar Islandsthrough the decisions of its courts. The

cases related to land rights and fishing traps in the Islands.

434. One of these cases was decidedin 1909by the Qadi of the Sharia

Court inBahrain.

"Be itknown that Ahmadbin ShahinDosari and Bati bin Salman
and Jabr bin Muhanna and Hamad bin Saeed have appeared

before me and disputed the ownership of land and sea properties
in Hawar. Ahmad bin Shahin claimed these b be his property
inherited from fathers and forefathers; Jabr and Bati claimed

them tobe their properties andthat they held document..."508

506 BahrainCounter-clairn{inthe form of a letter EromAdviserto the Govt. of
Bahrain to British Political Agent), 22 December 1938, Ann.2Vol.5,
p. 1134. See also Weightman Repart,22 April 1939, Ann.281, Vol.5,
p. 1171.

'O7
Bahrain Counter-clairn(in the form of a letter from Adviser to the Govt. of
Bahrain to British Political Agent), 22 December 1938, Ann.274, 5,l.
p. 1134.

508 Judgement made by Sharaf bin Ahmad,the Qadi of the Sharia Court,
1327Hejrah(1909 )nn.238, Vol.5, p. 1049.In 1938 and 1939,the Ruler of Qatar alleged that the fishermen who

used the Hawar Islands were itinerant and rnerely used the islands as a

temporary base.'" The evidence, however, is ovenvhelmingly to the

contrary. There istestimony of Bahraini who lived in the HawarIslands

to the effect that the Bahrain Dowasir settlements were permanent."8

Thexeis physical evidence of permanent dwellings and other buildings

on the islands (see paragraphs 458 to 465). There is documentation

relating to acts of administration by Bahrain in relation to the settled

population (see paragraphs 446 to 447, 455 to 457 and 466 to 467). In

answer to Qatar's descriptionof the inhabitants of the HawarIslands as

itinerantfisherman,Bahrain'sCounter-claim stated:

"[Tlhe fishermen who are referred to [by Qatar] are some of the
inhabitants of Hawar who live in the islands and who go fishing
fi-omtheir home [on the Hawar Islands] bringing back their fish

to Hawar or sometimes sending it to Manamafor

Hugh Weighîman noted at the tirne, those affidavits simply make the
unsupportedstatement that "Hawar Islandisa part of northem (sic) Qatar and
was never subjectto Bahrain".They were signed on behalf ofal1deponents

"in one handwriting, unsupportedby thumb impressions or seals of the
alleged signatories.Nor is any descriptionof the alleged signatories given,of
their placeof residenceor ofthe reason fortheirhavingecialknowledgeof
the Hawar Islands.There is no suggestion that they are residents, whether
temporary orpermanent ofHawar ...- see WeightmanReport,22 April 1939,
Ann.288, Vol. 5, p.1166.

517
QatarClaim(in the formoftwo lettersfrom Rulerof Qatarto British Political
Agent, 10 May and 27 May 1938),10 May 1938, Ann.256, Vol. 5, p. 1094
and 27 May 1938,Ann.260, Vol. 5, p. 1103. QatarRejoinder(inthe form of
a letter from the Ruler of Qatarto British Political Agent), 30 M1939,
Ann.279, Vol.5,pp. 1148to 1149.

See staternentsof Hamoudbin Muhanna bin Hamad al Dosari, Ann. 313(a),

Vol. 5, p. 1363, Nasr bin Makki bin Ali al Dosari, Ann.314(a), Vol.6,
p. 1379, Ibrahim bin Salman bin Ahmed al Ghattam,Ann.316(a),Vol.6,
p.1400,and SalmanIsa bin Ahmad bin Saad al Dosari,Ann.315(a), Vol.6,
p. 1392.

Bahrain Counter-clairn(in theform of a letter from Adviserto the Govt. of
Bahrain to British Political Agent), 22 December 193g, Ann.274, Vol.6,

p. 1130.441. When the British Political Agent, Hugh Weightman, visited the

Hawar Islands in April 1939, it was not during the fishing season.

Nevertheless, he noted the presence of what he referred to as

"fishermen"- the permanentinhabitantsofthe Hawar ~slands.~~~

442. The testimony of former inhabitants of the Hawar Islands, now

living elsewhere in Babain, is uniform in its description of the fishing

activitiesaspart of theregular pattern of life of the Islanders: they would

tend their fish traps and use their nets in the shallow waters of the Gulf

of ~ahrain.'~' A Dowasir man who grew up on Hawar in the 1920s

recently recalled the central role of fishing in the Hawar Island

community :

"1earned my livelihood fiom the sea. During the winter we
would fish using fish trapsandnets. If the weather wasgood, fish

traders would corne from Muharraq and the main island of
Bahrain to buy the fresh fish. The traders wodd buy it straight
off the pier, fil1 up their boats and take it back to sell in

Muharraq. They would often bring provisions which we could
no1get inHawarsuchas lemons,coffee andrice which wewould
trade forour fish. If the weather was bad, everyone -the men, the

women, the servants, the children - would clean the fish and
when it had dried we would store it in straw sacks that had been
used previously for dates. Everyone used to help each other.
Then we would take it and sell it in Muharraq for one or two

mpees."522

520 Weightman Report2,2 April1939,Ann.281, Vol.5,p.1170.

521 See statementçof Hamoudbin Muhannabin Hamad al Dosari,Ann.313(a),

Vol. 6, p. 1366, Nasr bin Makki bin Ali al Dosari, Ann.314(a), Vol. 6,
p. 1382,andIbrahimbin Salman bin Ahmed alGhattam, Ann.316(a) , ol.6,
p. 1405 and SaimanIsa bin Ahmad bin Saad al DosariAnn.315(aj, Vol. 6,
p. 1393.

522 See statementof Hamoud bin Muhanna bin Hamad al Dosari, para. 18,
Ann. 313(a),Vol. 6, p1366. See alsoStatemen ofIbrahim bin Salmanbin
Ahmed AlGhattam, paras.12and 21, Ann.3l6(a), Vol. pp. 1403to1405.446. The Govemmentof Bahrainregulatedthe pearling industryin the

Hawar Islands in the same way as it did in other parts of Bahrain. The

Government of Bahraindistributeddiving books to the pearl divers and

log books to the pearl boat captains of the Hawar Islands and regulated

them throughout the pearling sea~on.~~O ~ne former Hawar Islander

recentlyrecalled:

"Everydiverhad a logbookandthe logbooks were issuedby the
Bahrain Government.The log book kept a record of the diver's

narne, credits, debits and possessions. When the time came for
diving, we submitted our log books and afier we retumed they
checked outhow much we owed or were owed. If there were no
debts, thediver was givena release and was fiee to stay with the

Captainor to goto workforsomebodyelse."531

Another former resident of the Hawar Islands, currently living in the

main island of Bahrain, recalled the formalities required by the

Government of Bahrainin relationto the pearlingboats in the following

terms:

"The boats used by the Hawar Islanders were registered in
Bahrain. The registration books were called 'passes'.They were
issued by Saad bin Samra, a Bahrain Government official, who
would charge 100rupeeper dhow.No dhowcould leave Bahrain

forthepearlingbankswithouta pa~s."53~

447. The British Political Agentconfinned in 1939 that the pearling

boats moored on the islands were registered by the Government of

530 Bahrain Counter-clairn(in theofoaletterfromCharles Belgrave,Adviser

to theGovt. of Bahrain to Hugh Weightman,British Political Agent),
22 December1938,Ann.274,Vol. 5,p.1133.
53'
See çtaternent of Hamoud bin Muhanna bin Hamad al Dosari, para. 21,
Ann.313(a),Vol.6, p. 1367.

532 See staternenof lbrahim bin Salrnan bin AhrneAl Ghattarn,para.23,
Ann. 316(a),Vol.6, pp. 14051406.

533 WeightmanReport,22April1939,Ann.281, Vol. 5,pp. 1169to1170.C. Animalhusbandry

448. The Hawar Islanders grazed their flocks on Jazirat ~awarj~~and

kept a wide variety of animals. Oneof them recounted:

"We also kept cattle, sheep, goats, cows anddonkeys. The cattle

wandered the island without any shepherds. They would eat the
vegetation and corne back to the village by themselves. There
was good pasture in the winter,better than in the main island of

Bahrain." 535

449. Thisvariety enabledthe Ham Islanders to be self-sufficient in a

number of important stapies, such as meat,cheese and milk.536Animais

were generally cared for by the women while the men were responsible

forthe fishtra~s.53~

450. In 1939, the British PoliticalAgent noted:

"After good rain the island provides better pasturage than
Bahrain itself and even this year, when the rain was very late,

there are still to-daybetween 50 and 100animals in ~awar."'~~

451. In order to maximisethe pasture area in some parts of Jmirat

Hawar,the Hawarlslanders built dams,539thereby creating basins that

534 See statement of Harnoud bin Muhanna bin Harnad al Dosari, para. 17,

Ann.3 13(a)Vol.6,p. 1366.
535
See statement of Ibrahim bjn Salrnan bin Ahmed Al Ghattarn, para.13,
Ann. 313(a),Vol.6,p. 1403.

536 See statement of Wasrbin Makki bin Ali al Dosari, para. 12, Ann. 314(a),
Vol.6,p. 1382.

537
Ibid,para.18, Ann314(a),Vol. 6,p. 1383.

53g Weightman Repon, 22 April 1939, Ann.281, Vol.5, p. 1169. The Bahrain
Counter-clairninthe formof a Ietterfrom Adviserto theGovt. of Bahrainto
BritisholiticalAgent),22 December1938, alsornakesa generalreferenceto
the presenceof "cattle,sheep and dwkeys" on the HawarIslands, Ann.274,

Vol.5, p. 1130.
539
See Report of Dr. Paolo Costa on the Archaeological Investigation on the
HawarIslands, 17 January 1995("CostaReport"),Ann.310, Vol.6, p. 1338,
1340,1342improved the grass yield of certaingrazing grounds.540Dr. Paolo Costa,

Professor of Oriental Archaeology at the University of Bologna,

undertook several field studiesin the HawarIslands in 1994-1995.In his

report dated 17 January 1995, Dr. Costa suggested that the improved

yield fromthis practise wouIdhave enabled the high-growing grass to be

hand cut and storedas dry fodder for the mimals-541

452. In 1939, the British Poiitical Agent recorded that the Hawar

Islanders occasionally sent their livestock across to the main island of

Bahrain during water shortagesonthe Hawar~slands.~~~

453. Anirnals are still grazed on Jazirat Hawar today as part of

Bahrain's cornmitment to reintroduce native Arabian wildlife into its

territories.543

454. The Hawar Islands possess large quantities of high-quality

gypsum, which is used in construction.544 Gypsum extraction

traditionally provided the Hawar Islanders with one of their sources of

liveIihood.54jHawar gypsum was quarried throughout the 19thand 20th

Centuries and used as building material for construction on both the

540 See Report of Dr. Paolo Costa on the Archaeologiinvestigatioon the

HawarIslands, 17January 1995("CostaReport"),Ann.310,Vol.6, p. 1342.

541 Ibid.

542 WeightmanReport,Ann.281, Vol.5,p. 1169.

543 See starernent of Harnoubin Muhanna bin Hamad al Dosari, para. 28,
Ann.3I3(a), Vol.6, p. 1369.

544
SeeCostaReport,atpp. 16to 17,Ann.310, vol. 6, pp. 1to1350.
545
Ibid para. 22. See alço staternoftIbrahim binSalrnan bin AhmedAI
Ghattam,para.14,Ann.316(a),Vol. 6, p. 1403 and Statementof Salmanbin
Isa bin Ahmad bin Saad al Dosari,para. 8, Ann.315(a), Vol.6, pp. 1393 to
1394.Hawar Islands themselves and on the main island of Bahrain and

Muharraq 1s1and.~~ ~r. Costa'sreport concludedthat there were three

gypsum extraction sitesonthemain island.He observed:

"Of the three, the two smaller quarries of about 2 hectares are
located close to areas where there are buildings which required

plastering: the gypsum was therefore quarried mainly for local
use: the third quany, on the contrary,is very large in size (over
10 hectares)and lies far fiom local Settlements.It seems clear

that the exploitation of this quarry does not depend upon local
demand and that the gypsum was extracted to be used
elsewhere. "547

455. Gypsum quarrying in the Hawar Islands increased during the

period between 1916 and 1939. So did the Govenunent of Babain's

regulation of the ind~str~?~'at the request of the inhabitants of the

Hawar Apparently, the islanders felt that the incxeased

quarryingwas too close to their villages and was disturbing their

families. Former residentsof the Hawar Islands recall the disputes and

the intervention of the Gsvemment of Bahrain at their request. One

formerHawarIsland residentrecentlyrecalledtheproblem:

"1 remember that the older Dowasir complained that there was

too muchgypsumcuttingnearthe homesandthewomen."550

The Islanders werealso concernedthat the quarryingwouId deplete the

gypsum resourcetoo quickly.After severaldisputes,the Governrnentof

546 SeeCostaReport,ap. 17,Ann.310,Vol.6,pp. 1348to1349.

547 Ibidatpp.16to 17Ann.3 10,Vol.6,p. 1348to 1349.

548
See staternent of Hamoud bin Muhanna bin Hamad al Dosari, para. 23,
Ann.313(a),Vol.6, p. 1368.Bahrain imposed the requirement that gypsum quarxyingon the Hawar

Islandscould be carried outonlyunder the authority of alicence.551

456. The licensing scheme was regulated by officials of the

Govemment of Bahrai~1.5O 5ne former Hawar Islander now residing in

the main island of Bahrain recalled:

"...the BahrainGovernmentregulated the cutting by requiringthe
cuttersto carry pemits. The permits were issued by the Bahrain

Chief of Police, SheikhKhalifa bin Mohammed. He used to stay
on the main Halvar Island in the police fort and meet the
Dowasir. He issued the permits after there had been several
quarrels. Only people who had a permitwere allowed to cut the

gypsum.

457. Officials of the Govemment of Bahrain documented the

regulation of the gypsum industry on the Hawar Islands. The Annual

Reportof the Government of Bahrain for the year 1356 Hajirah (March

1937 to February 19381,before any claim was raised by Qatar to the

HawarIslands, noted that gypsum554 was brought fiom Jazirat Hawar to

the main island of Bahrain and MuharraqIsland for construction there

by boats which used to wwork as ferries before the construction of the

Manama-Muharraqcauseway :

"smdl sailing boats [basedon the main island of Bahrainand on

MuharraqIsland] ...bxingbuildingstonefromthe reefs out at sea
and [gypsurn]from~awar."''~

551 WeightmanReport,22 April1939,Ann.281,Vol.5, p. 1169.

552
See statementof Nasrbin MakkibinAli al Dosari,1.9"Wewouldcheck
that the gypsumcutterwho used to come fiom the main island of Bahrain
had a valid permit issued by the Govt. of Bahrain."314(a),Vol.6,
pp. 138to1384.

553 See statement of Hamoud bin Muhanna bin Hamadal Dosari, para. 23,
Ann.313(a),Vol. 6, p. 1368.

554 Alsoreferredto as"juçs"

jS5 5

m, Ann.253, Vol.5,p. 1086.ln his note on the Hawar lslands of 29 May 1938,the Adviser to the

Governmentof Bahrainreferredto the rich sourceof gypsurn,good sand

and a particular type of pebble on the Hawar ~slands.~~~ ~he

Government of Bahrain'slicensing system for the Hawar Islands was

also recorded in a 1939 report from the British Political Agent to the

Political~esident.~'~The Government of Bahrain'sAdviserrecorded on

severaloccasions the existenceof the licensing~~stern.~~'

E. Additional evidence of the eermanent nature of the

settlement

458. A letter from Petroleum Concessions Limited, the Qatar oil

concession holder, recorded in February 1938 that there were "300

Bahrainis" in the Hawar ~slands.~~T ~he same letter also noted that

Babrain Police were stationed there.560Bahrain'sCounter-daim in the

course of the British adjudicationlater that year describedthe Bahraini

settlementin theHawar Islandsashaving:

"a long estabIished settled community of Arabs living in
permanent stonehouses with their wives and families and their

cattle, sheep and donkeys...The villages of Hawar consist of
stone houses, permanent buildings not palm huts, built by
Bahrain subjects. There are also inthe various islands ancient

stone cisterns constructed by the ancestors of the present
inhabitantswho were permitted to buildthem by the Shaikhs of
Bahraitinin the past. The inhabitants of Hawar reside there

556 Note by CharlesBelgrave,Adviserto Gom.of Bahrain, entitled "TheHawar

Islands",29 May 1938. Ann.261Vol.5,p. 1106.
557
WeightmanReport,22 April 1939,Ann.281, Vol. 5, p.69.
558
Note by Charles Belgrave, Advisetothe Govt. of Bahrain, entitled "The
Hawar Islands",29 May 1938,Ann.261, Vol. 5, p. 1109.

559 LetterfromE.V.Packer,Managerof PCL,to CharlesBelgrave,Adviçerthe
Govt.of Bahrain, 19February1938,An252, Vol.5,p. 1080. permanently keeping their goods and chattels in their houses and
their boats, when notin use, on the shoreofthe i~lands."~~~

459. In April 1939, the British Political Agent visited the Hawar

Islands ona fact-finding mission and found:

"two villages in the main Hawar Island. These are quite small
villages, occupiedby about 35 and20 families re~~ectivel~."~~~

He observedthat the familiesinhabitingtheHawar Islands lived:

"...in houses of the type known as 'kubara',i.e. buih of mfaced
stone and held together with mud and roofed with date palm.

These are definitely more permanent constructions than
fishermen's'barasties'(palm huts) and some at least of them are
occupied throwhout the (Emphasis added.j

As one formerresident recalled,the houses "were sirnpiybuilt out of the

local gypsumro~k."56~

460. In his fact-finding mission in April 1939, the British Political

Agent observed stone cisterns used for storing water by the Hawar

Islanders andalso:

"two quite considerable cemeteries in the island ...[indicating
that] the main island of Hawar has been inhabited for
generations."565 (Emphasisadded.)

He continued:

561
BahrainCounter-daim (inthe fom of a lefrom CharlesBelgrave,Adviser
to the Govt. of Bahrain, to Hugh Weightman, British Political Agent),
22December 1938,Ann.274, VoI.5,pp. 1129to 1134.

562 WeightmanReport,22 April 1939,Ann. 281, Vol.5,p. 1168.

563 IbidA,nn.281, Vol. 5,pp. 1168t169.

s64 See statement of Hamoud bin Muhanna bin Hamad al Dosari, para. 7,

Ann.313(a), Vol. p.1364.

WeightmanReport,22 April1939,Ann. 281,Vol. 5, 1168. "1 am not able to statedefinitely that these Dawasir have for the
past 150years occupiedHawarat al1seasons of the year, though
those now in residence there claimthat this is so. On theother

hand the cemeteries,the water cisterns, theruins of the old fort
which 1havemyself seenandthe type of house in use al1provide
evidence of consistent occupationfor at least the greater part of
the yea~-."'~~

461. Thereport alsodealswith the problemsof water shortageson the

HawarIslands andthemeasuresadoptedby the inhabitants:

"Hawar suffers from the absence of a permanent water supply,
sincethe cistems ...are only fil1 after heavy rain and are subject
to Ioss both fiom evaporationand from Ieakage. There was, for
instance,heavyrain in Hawara month ago, fillingthe cisternsto

the brim, butthe localpeople informedme that this water would
be exhaustedwithin threemonths. Watertherefore, during much
of the year, has to be brought across fiom Bahrain and this
naturally restricts the nurnber of persons remaining there
it567
permanently ....

462. Recent archaeoiogicalresearch has uncoveredthe existence of a

total of six cemeterieson the main idar~d.~~A ~ former Hawar Islander

recalled the burial of his uncle in the North Village on the main Hawar

Island,followinghis deathat sea:

"1 remember many people who died and were buried in the
cemetery in the North Village. 1 recall once, when 1 was very

young, we were sailingf?omBahrain tothe mainHawarIslandat
night. One of my uncles, Mohammed bin Rashid, had not been
well and was taken very sick. He died in the dhow before we
couIdreach land. We thought about taking his body back to the

main Bahrain Island, but decided to continue on to the Hawar
Islands as hebelonged equallyto the main islandof Bahrain and
Hawar. WereachedHawar in the middle ofthe morning and we
then prepared and buried him in the North Village cemetery
/ ' - --
i/p ..12%i u'

568
SeeCosta Report, 17January 1995, Ann310,Vol. 6, p. 1337 (referringto
three cemeteries in the Northem Area) and the sketch mat p. 1332
(indicatingthreecemeteriesinthe Southernatnos.18,22 and26). where my granàmother (who was the sister of Ahmed bin
Shaheen, the elder of Hawar) and her sister, Lulwa, had

previously been buried. Our neighbours in the North Village,
Hassan bin Thamer, Ali Bum Jaid and the late Saba are also
buried there."569

463. The existence of the children'sgraveyard in the southem half of

the main island, containing the graves of about forty infants, provides

compelling and poignant evidence of the existence of stable and

permanentfamily units on the HawarIslands.Itinerant fishemen would

not have travelled with their families and would not have buried their

deadfarfkomtheir permanenthomeon an uninhabited island frequented

by them only for shelterduringfishingexpeditions.

464. The permanence of the occupation was also reflected by the

existence of mosqueson JaziratHawar.The mosquestill standingin the

North Village is of comparativelyrecent construction.It was built by the

Bahrain Govemment in 1939.'~'It repiaced an older mosque that had

been constructedfromgypsum,whichhadco~la~sed.~~~

465. Dr.Costa'sreportconcluded,on this point:

"...cannot refrain from expressing the belief that what results
(fromthe data we have collectedduring fieId work) is definitely
the picture of settled people and not wandering fishermen or

occasionalvisitors."57*

569
See staternent of Ibrahim bin Salman bin Ahrneal Ghattarn, para. 7,
Ann. 316(a), Vol.6, p. 1401.moud bin Muhanna al Dosari also recalIs
people buriedin the South ViIlagecemete-ysee his statement, para. 13,
Ann.313(a),Vol.6,p.1365.

570 ExpenditureSummaryforthe Govt. OFBahrainfor 1358H (1939), Ann. 293,
Vol.5,p. 1200.

571 See statement of Hamoud bin Muhanna bin Hamad al Dosari, para. 9,

Ann. 313(a)Vol.6, p. 1364.F. Other acts of administration or examples of the authority of

Bahrain

466. The Govemment of Bahrain's Adviser, Charles Belgrave,

recorded in 1938that the previous Ruler of Bahrain, Sheikh Jsa, who

died in 1932, used to make annual visits to the Hawar ~slands.~''

Belgrave also confirmedthe routine administrative functions exercised

by t!~eGovement of Bahrain in respect of the Hawar Islands and the

activitieofthe inhabitants:

"Theirboats are registeredin Bahrain and sail under the Bahrain
flag, when they travel they travel under Bahrainpassports, their

boats areregisteredinBahrainandthey payboat registrationfees
and diving licenses ..Those of them who are divers hoid diving
bookswhich are issuedby the Bahrain ~uvemment."~~~

467. The Govemment of Bahrain regulated immigration into the

Hawar Islands. Evidence of this is the Govemment'sstrict control of

access by Qataris and other "foreigners" into the islands folloming

Qatar's 1937 med attack on Zubarah (see Section 2.13 starting at

paragraph253).ThiswasbeforeQatar hadmade anyclaim to the Hawar

Islands. On 10 November 1937,the Goverment of Bahxaininstructed

its Head Natur (Police Officer) stationed on the Hawar Islands as

follows:

"Onno account are any people, European or Arab, fiom Qattar
Coastto be allowedon anyofthe HawarIslands. You are warned
that there are people working opposite Hawar on shore and

573 Note by CharlesBelgrave, Adviser to the Govt. of Bahrain entitled "The

HawarIslands",29 May 1938,Ann.261, Vol5,p. 1107.
s74
BahrainCounter-clah (inthe formof a letterfromChartesBelgrAdviser
to the Govt. of Bahrain, to Hugh Weightman British PoliticAgent),
22 December1938,Ann.274,Vol. 5,pp. 1132to 1133.paragraphs 370 et seq.).Both Parties participated in the adjudicationand

were given as much opportunity to make submissions and adduce

evidence as they asked for. Upon receipt of Bahrain'sCounter-claim, the

Ruler of Qatar insisted he be given the right to reply. The British

Political Resident had throught this inappropriate, but was overruled by

the British Secretary of State for ~ndia.~'~ Qatar was thus allowed to

lodge a Rejoinder, following which the Ruler of Qatar expressed his

satisfaction inthese terms:

",..1 have explained rny cûmments and remarks to Your

Excellency as fully as is required by the circumstances of this
case,...1654

548. A full Report, including a record of the proceedings and an

analysisof the evidence, was prepared by the Political Agent before the

decision was handed d0wr-1.~~ H~is analysis was infomed by two site

visits to the Hawar ~slands.~~ T~he fact that the comprehensive Report

was prepared before the decision is significant;the Report cmot be

1suggest that in reply to the present communicationfrom
Shaikh Abdullahbin Qasim1should write and informhim
that thoughthe BahrainGovernment possessa prima facie
claim to the Hawar group of islands which is supported by
their formal occupation of them for some time past,His
Majesiy's Govemment would be prepared to give
considerationo a formal claim by him provided suca

claim were supportedby a full and complete statementof
the evidence on which he relied in asserting Qatar
sovereigntyover this group of islands."(Emphasis added.)
(Ann.257, Vol. 5,p. 1096.)

653 Leüer fiom the Secretaryof Statefor India, to BritishPoliticalResident,of 21
July 1938,Ann.269,Vol. 5, p. 1124.

654
QatarRejoinder(in the formof a letter fiomRuler of Qatarto British Political
Agent),30 Mach 1939,Ann. 279, Vof.5,p. 1160.
655
WeightmanReport,Ann.281,Vol. 5,pp. 1165 to 1172.

656 See marginal notes indicating hitwo visits, Hu& Weightman, British
Political Agenton Qatar Rejoinder(in theof a letter fiom Ruler of Qatar
to BritishliticalAgent),30March 1939,Ann. 279,Vol.5,p.1152.criticised as apost facto attempt to rnarshal evidence and principles to

justify an arbitrarydecision.

549. The British PoliticalResidentfor the Gulf, Sir TrenchardFowle,

then fonvardedthe Political Agent'sReport to the BritishGovemment in
tt657
London,comrnendingit as "avery clearstaternentofthe case .

550. In London, the Governmentts interna1analysis (7 June 1939)

concluded that,despiteal1 thetimeand exchangeof correspondence:

"The Sheikh of Qatar has been able to produce no evidence
whatsoever in support of his claiin. He relies solely on an
assertionof sovereigntyandon geographicalproximity."658

On 13 June 1939,the British Governmentdecided in favour of
551.

Bhain's claim to sovereignty overthe Hawar Islands, conditional on

the agreement of the Govemment of ~ndia.~~T ~he lattercommunicated

its agreementwith the decisionof the British Governmentby letter of 1

July 1939.~~'Britain's decision was comunicated to the Ruler of

Bahrain and the Ruler of Qatar on 11July 1939by the British Political

Resident, Lt.Col.Fowle,inthe followingterms:

"...1 am directed by His Majesty'sGovernment to inform you
that, &er careful considerationof the evidence adducedby [the

Ruler of Bahrainand the Rulerof Qatar], they have decided that

657
LetterfromLt.Col.Fowle,BritishPoliticalResident,to Secretaryof Statefor
India,29 April1939,Ann.282,Vol. 5,p. 1173.
658
IndiaOfficeMinute,7 May1939,Ann.283, Vol. 5,p. 1175.

'j9 Letter from C. BaxterForeignOffice to Secretary of State, India Ofice,
13June 1939,Ann.284(a),Vol. 5, pl176.

Letter fromDeputySecretaryto theGovt. of Indito Et. Col.Fowle,British
PoliticalResident,1July1939.Ann.286, Vol. 5,p. 1181. these islands belong to the State of Bahrain and not to the State

of ~atar."~~'

552. Qatar expressed itsdisappointmentin letters addressedto British

officiais dated 4 August 1939,~~~ 18 November 193g6" 3d 7 June

1940.~~~ Even afier the adjudication was complete, however, Qatar

soughtto adduceno furtherargument or evidencein supportof its claim;

it merelyquestionedthe meritsofthe British decision:

"1sit acceptableto YourHonourto say thatthe islands which are
csnsidered the completing part of the Qatar State on the north
side,belong to theBahrain State and not ta the State of Qatar ...

that they do not belongto Bahrain according to theirnaturaland
geographicalposition;"665

553. Bahrain considers that the British adjudication of the Hawar

Islands dispute is authoritativeand binding on the Parties to the present

dispute. Qatarmaynotreject it merelybecause it is dissatisfiedwith the

result.As the InternationalCourtof Justice stated in the ArbitralAward

madebvthe Kingof Spainon23 Decernber1906case:

"Theappraisalof the probativevalue of documentsand evidence

appertainedto the discretionarypower of the arbitratorand is not
opento question.""'

66'
LetiersfromLt.Col.Fowte,BritishPoliticalResident,to Ruler ofBahrain and
Rulerof Qatar, 11July 1939Ann.287, Vol. 5p. 1182 andAnn.288, Vol. 5,
p. 1183.

662 Letter from Ruler of Qatar to Lt.Col. Fowle, British Political Resident,

4 August 1939Ann. 289, Vol.5,pp. 1184to 1186.
663
Letter from Ruler of Qatar to Lt.Col. Prior, British Political Resident,
18November 1939Ann.291,Vol. 5,pp. II88 to 1189.

664 Letter from RuIer of Qatar to Hugh Weightman, British Political Agent,
7 June 1940,Ann.294,Vol. 5,pp. 1202to 1203.

665
Letter from Ruler of Qatar to Lt.Col. Prior, British Political Resident,
4 August 1939,Ann. 289,Vol.5,p. 1184.

666 Arbitral Award made bv the Kin? of Spain on 23 December 1906 and
Judement I.C.J.eports 1960.pp.215 to 216.554. In view of this threshold obstacle to the re-opening by Qatar of

the question of title to the Hawar Islands, it should not be necessary to

review the manner in which Bahrain has satisfied the requirements of

international law in the establishment and maintenance of its title to the

Hawar Islands. However,it may be desirable that, in the alternative, this

aspect ofthe matter shouldbe dealt with.

If the application of the general principle of resjudicata should,
555.

contrary to the contentions of Bahrain, be thought insufficient, it may

properly be supplemented by reference to the commitments assumed by
the Ruler of Bahrain in 1861 andthe Chief of El-Kutr in 1868to accept

the decision of Britain in disputes in which they rnight be engaged with

their neighbours.

556. Bahrain has exercised jurisdiction and control over the Hawar

Islands since the end of the 18th Century, even before the members of

the Dowasir tribe asked the Qadi of Zubarah, an officia1appointed by

the Sheikh of Bahrain, for permission to settle in the Hawar Islands.

Thereafter, the Rulers of Bahrain manifested their authority over the

Islands in a variety of ways: by legislation and regulation on various

matters including quanying of gypsum and fishing; by stationingpolice

and armed forces there; by providing public services, such as water; by

exercising the judicial function in relation to matters arising in the

Hawar Islands; by affordingprotection to rnembersof the Dowasir tribe;

by giving themthe opportunityto reside and work in Bahrain when they

removedthemselves seasonallyfromthe HawarIslands.

557. The positive conduct of Bahrainin relation to the Hawar Islands,

stretching over nearly two centuries, must be contrasted with the total

inactivity of Qatarthere over the same period of time. This inactivity is

entireIyunderstandable. The barrier of the desert between Doha and theWest coast of the peninsula was, and remains, much greater than the

narrow maritime separation of the Hawar Islandsfrom the Bahrainmain

islaiid.The desertwas a virtuallyinsurnountable obstacle;the water was

a natural comecting factor. Qatar'scomplete inactivity in the Hawar

Islands stands as an insuperable element to the establishment of its

claim.

558. The factthatthe Hawar Islands lie closer to the coast of the Qatar

peninsula than they do to the coast of the main island of Bahrain cannot

improve a case that does not exist.As stated earlier, mere proximity is

not, by itselfa basis for title to territory when the proximate islands are

subjectto the lawfuland long-timeauthority of another State. PART11

THEMARITIMEDELIMTTATION BAHRGIN'SMARITIME BOUNDARY

559. Between Dawhat Salwa to the south, and a line from Fasht ad

Dibal to Ra'sRakan (on the northern point of Qatar) to the north, the

respective coasts of Bahrain and Qatar are nowhere fmher than 24

nautical miles apart,so that throughout this sector (hereinafterreferred

to as the "southern sector") the Court's task is in fact to delimit the

parties' respective territorial seas. (It will be remembered that Qatar

claimed a territorial sea of 12 miles in 1992, while Bahxain made a

similar claim in 1993.)To the north of the line from Fashad Dibal to

Ra's Rakan (hereinafter referred to as the "northern sector"), the

maritime boundary will primarily divide the continental shelf and the

exclusiveeconomiczone.667

560. The maritime boundary which the Court is asked to deIimit is,

therefore, a territorial seaboundaryin the southern sectorand in a smali

part of the northern sector,aadboundary dividingthe continentalshelf

and exclusiveeconomiczonein most of the northern sector.

561. Qatar requests that the Court decide "in accordance with

international law." Bahrainagrees.The Court is thus askedby the two

parties todecidein law,andnot ex aequo etbono.

562. It is clear from the history of negotiations preceding the

adjudicative phase of this controversy-on which the Court has been

informed in the jurisdictional phase- that both parties have aiways

agreed that the territorial and maritime areas in issuebelong to one or

667 Seepara65 1,andMap6 inVolume7.the other of the parties,viz. Bahrain or Qatar, and to no other State.

Neither is thereas betweenthe parties, a possibilitythat any of the land

or maritimeareas claimed maybe a res nultius.In this regard, reference

may be made to the Minquiers and Ecrehos judgment, in which the

Court characterisedits function as "to decide in general to which Party

sovereigntyovereach groupas a whole belongs ....68

563. Neither Bahrainnor Qatar is a party to any of the four Geneva

Conventions of 1958.~~B ~ahrain has signed and ratified the United

Nations Conventionon the Law of the Sea of 1982; Qatar has signed,

but not ratified, the 1982 Convention. As a result, none of these

conventionsis in force as betweentheparties. The maritimedelimitation

in the present case thereforefallsto be effected inaccordance with the

principlesand nilesof customary internationallaw.The applicable legal

principlesand rules are contemporary legalprinciples and rules, as they

are expressed in State practice, in the decisions of the Court and of

international arbitral tribunals, and in provisions of international

conventions which reflect the state of customary international law.

Foremost among the latter are certain provisions of the 1982

Convention.

SECTION6.1 Thesouthern sector

564. The southem sector,as defined in paragraph559 above, extends

from DawhatSalwi in the southto the line fiom Fasht ad Dibal to Ra's

Rakan (atthenorthernextremityof Qatar) in thenorth.

668 Minquiersand Ecrehos.Judgrnent.1.C.J.Repo1951,p.53.

669 Thesearethe Conventionon theTerritorialSeaandthe Contigaous Zone, the
Conventiononthe Hieh Seasthe Conventionon FishinganConservationof
t h e & Sea~igh,the Conventionon the ContinentaI

Mf.565. Ashas alreadybeen indicated,the singlemaritime boundaryis in

thissectoraterritorialseaboundary.

566. The geographical relationship betweenthe respective coasts of
Bahrain and Qatar is notidentical overthe entire southem sector.To the

south of the southenunost point of the coast of the Zubarah region over

which Bahrain claims sovereignty (hereinafter referred to as the

"Zubarah coast"), and to the north of the northernmost point of the

Zubarahcoast (thesepoints areshownas points X and Y respectivelon

Map 6 in Volume 71,the Court's task is tocany out a delimitation

between opposite coasts which are practically parallel, whether one

considersthe coast of Qatarvis-à-visthat of main Bahrain island,or

- as will be demonstratedto be appropria-vis-à-visthatofthe insular

andotherlegally relevantmaritimefeatureswhich appertainto Bahrain.

At pointsX and Y, on the other hand, thCourt'staskis to carry out a

lateral delimitation between the peninsular coasts of the two States,

which areadjacentat thosepoints.

567. The most important aspect of the delimitation in the southern

sector is the presence, between the eastern coast of the main Bahrain

islandand the western coast of Qatarofa large number of insular and

otherlegallyrelevantmaritimefeatures,from Jananin the southto Fasht

ad Dibal in the north. These insular and other legdly relevant maritime

featuresare all, without exception,subjectto the sovereigntyof Bahrain.(i) Bahrain's historical exercise of sovereignty and political

controloverthe areas between its mainislandandthe Qatar

peninsula

568. Bahrain has consistently exercised sovereignty overal1 of the

maritime features situated in the Gulf of Bahrain, from the Hawar

Islandsin the southto Fashtad Dibal in the north. WhenQatar became a

distinctpolitical entity and later a distinct State, its territory comprised

only those parts of the continental peninsula over which the Doha

Sheikhs actually exercised authority. The areas of sea, and the insular

and other legally relevantformations,situatedbetweenthe peninsula and

the main island of Bahrain, rogether with those peninsular areas that

wereBahraini,continuedto be part ofthe political entityof Bahrain.

569. This perception was reflected in the words of a letter from the

Rulerof Bahrainto the BritishPolitical Agenton 31December1947:

"Wewould liketo bring to your attentionthat since the time that
our ancestors occupiedBahrain frorn theirpIaceat Subarah up to
the present, the sea betweenour east coast and Qatar Westcoast

was (under ou own hands) and sovereigntyand also al1islands
and shoals and sea bed exposed at low tide. Our subjects have
undisputed fishingrights. Al1these waters shouldbe within our
b~undary."~'~(Emphasis added.)

570. In the same letter, the Ruler of Bahrain noted that during the

earlier negotiations between the Government of Bahrain, BAPCO and

Petroleum ConcessionsLtd., the Governmentaf Bahrain had submitted

maps describingits petroleumconcessions as extendingffom the Hawar

Islands to about 10 miles north-east of Fasht ad Dibal. The Ruler

confirmed thatthe British PoliticalAgent had not suggestedor implied

670 Letterhm Ruler of Bahrain to CJ Pelly, British PolitAgent,
31December 1947.Ann.345,Vol. 6p. 1486.at any stage thatany part of this sea area or any maritime featwe in it

might notbe subjecrto Bahrain'ssovereignty.

571. Nor does it appearthat at anytime duringthis period the Sheikh

of Qatar formulated objectionsor reservations aboutBahrain'splans to

grant petroleum concessions throughout this area. Such objections or

reservationswould have beenextremely surprising,since it was only in

1937that he establishedauthorityover various parts of the west Coastof

the Qatarpeninsula. (See Chapter2 starting atparagraph72.)

572. The attitude of Petroleurn Concessions Ltd ("PCL") is quite

instructivein this connection. Already holding a Concession granted in

1935 for the exploitation of petroleum in the territory of Oatar, PCL

applied in 1938to the Rulerof Bahrain for a concessionin his territory.

Of particularinterestis Article1of the draftConcession,whichinciudes

in the concession area "al1 islands,reefs, shoals and submerged land

belongingto the Sheikh" .671

573. PCLacknowledgedBahrain'stitleto those maritimefeatures.For

example,in 1940PCLaskedthe Rulerof Bahrainforpermission to light

and use a channelacrossthe Bahrain watersfrom Sitrah(in Bahrain)to

Zekrit(onthe Qatarpeninsula,southof ~awar).~"

574. Again in 1949the RuIerof Bahrainwroteto thePoIiticalAgent:

671 Lettefrom Symon,IndiaOffice,toLt.Col.Fowle,BritishPoliticalResident,
28 April1938,enclosingPCLdraflBahrainleaseandthreecharts,Ann.337,
Vol.6,p. 1459.

672 MernorandurfnromBritishPoliticai AgentoCharles Belgrave,Adviserto
Goa. ofBahrain2, I March1940,withenclosures,Ann.339, Vol. 6,1467

to1469. "The ownership ofthe seabetween Bahrain and Qataris claimed

by us. We have never heard that the Shaikh of Qatar madeany
claimto this ~ea."~'~

575. Bahrain's acts of sovereignty in relation to these maritime

featureshave taken severalforms.In the firstplace, Bahrainimonuments

or markershave been erectedon all of these maritime featuressince the

1930s. Many of the maritime features also possess survey markers and

navigational beacons, likewise placedby Bahrain or under its authority.

Qatar has never objected to any of this activity on Bahrainfpart. Nor

have anysuch acts of sovereigntyever been perfomed byQataror on its

behalf.

576. Bahrain has also performed activities of a more sustained and

visible nature in relation to several maritime features. For exarnple,

Bahrainhas conductedsurveysand granted oil concessionswith respect

to Fasht al'h to BAPCO, which has pursuant thereto drilled and

constructed jetties and platforms. Similarly, Bahrain has conducted

surveys and granted oil concessions aver Qit'at Jaradah and Fasht ad

DibaI.

577. As a result of its geographicalsituation,Fasht ad Dibal has also

assumed considerable importancein relation to fishing and navigation.

This has givenrise toMer examplesof sovereignactivity by Bahrain,

which has installedan artesian well for the use of its fishermen and

granted licencesin respectofpermanent fishtraps.

578. Bahrain has for a long period regularly canied out salvage

operations for vessels which have been stranded or wrecked at or near

673 Letterhm Ruler of Bahrainto BritishPoliticalAgent, 23 May 1949,
Ann.346,Vol.6,p. 1488.Fasht ad Dibal. For exarnple, on 10January 1920the S.S. Palamcotta

ran ashore on Fasht ad Dibal; she was got ofon 14January 1920with

the heIpof theS.S. and Warina, and her cargo "was discharged

into lighters sent from ~ahrain.""~ Navigational difficulties in relation

to Fasht ad Dibal were regarded as Balirain's concern, not only in

emergencies but on an ongoing basis. As the Bahrain Political Diary

States:

"The incident again proves, (what ships masters are continually
asking for) that the Bahrain approaches are in urgent need of

betterlighting

579. A similar incident occurred between 14 and 17 March 1927,

when the I.G.T.S.PatrickStewartwas strandedon Fashtad Dibal. Mr de

Grenier,Directorof Customs inBahrain,"despatcheddhows andcoolies

from Bahrein for lighteninghe ship as asked for."67% de Grenier was

also interestedin findinga long-termsolutionto the problem of lighting

the Port ofBahrain,and clearly consideredFashtad Dibalas an integral

part of this problem and of its solution. In a Ietterto the Adviser dated

10 May 1928 on the subject of "Port Lighting", Mr de Grenier

suggested:

"A stone beacon having recently been erected on the Fesht al
Djebal,if a permanentlight were affixeduponthis beacon,with a

range of at least twentyrniles [sic], there would be no need to
remove the present outer buoy light, as suggested ....[Tlhe
purpûse of a light on the Fesht al Djebal is to wammariners of

674
BahrainPoliticalDiary for monthending31 January1920, p. 10,Ann.324,
Vol.6,p. 1438.

676
Letter from Director, PersiGulf Section, Indo-European Telegraph
Department,to BritishPoliticalAgent,25 March 1927, Ann.327, Vol. 6,
p.1443. the situationoftheFesht,andto assistthem in avoidingthe Fesht
and findthe OuterBuoy ~i~ht."~~~

580. The question of sovereignty over Fasht ad Dibal and Qit'at

Jatadah was consideredby British officiaisbatween 1937and 1947and

not only resulted in interna1discussions but also led to enquiriesbeing

made of the respective Rulers of Bahrain and Qatar. The terms of the

relevant correspondence reveal that whiIe Bahrain asserted its

sovereignty over Fasht ad DibaI and Qit'at Jaradah (among other

maritime features) at every opportunity(consistentwith its long history

of acts of sovereignty and administration over the relevant maritime

features), Qatar claimed sovereignty over Fasht ad Dibal and Qit'at

Jaradah only when specificallyinvited to do SU, and based its claim on

the unconvincing arguments of geographical proximity and the needto

compensate Qatar for what Qatar perceived asthe unjust 1939 British

decisionto attributesovereigntyoverthe HawarIslandsto Bahrain.

581. Thus on 14August 1937Belgxavewroteto the Political Agent:

"In addition to the largeislands formingthe Bahrainarchipelago,
which arewell known,the followingislandsbelongto Bahrain:

FishtDibal (a reef)
QattahJarada (an isiand)
Fisht alJarirn (a reef)
KhorFisht (anisland)

Al Benat (an islandj
The Howar archipelago, consisting of nine islands near
the Qaterc~ast.""~

582. A list prepared by the Land Department down to 1939 shows

pillars as having been erected by the Govemmentof Bahrain intea rliu

677 Letter from Directof Customs,to CharlesBelgrave,Adviçerto Govt. of
Bahrain,10May 1928,Ann.328,Vol. 6,p.1444.

678 Memorandurnfrorn CharlesBelgrave, AdvisertGovt.of Bahrainto British

PoliticalAgent14August 1937,Ann.334, Vol.6,p.1455.onAl Mu'tarid,Mashtan,Noon,Tighaylib, Al Hul, Qit'atJaradah, Fasht

ad Dibal,andFasht a~'Azm.~'~

583. On 18 June 1946Belgravewrote againto the Political Agent:

"In the year 1936the Bahrain Governmentbuilt beacons on the

Fasht-AI-Debal.One of the beacons was built on the rock at the
north end of the Fasht which is above water. His late Highness
ShaikhHamad and the present Rule1have alwaysregardedthis

Fasht as being owned by Bahrain. The anchorage there is used
exclusively by Bahrain boatmenand fisfiermenand the Fasht is
one of those which areconsideredto belongto ~ahrain."~*~

584. In July 1946the PoliticalAgentwroteto the respectiveRulers of

Bahrainand Qatar to ask whethereach Rufer considered Fashtad Dibai

and Qit'atJaradah to constitute part of his territory.In the event of an

aflïrmative answer,the Rulerswere asked to statethegrounds on which

sovereignty waç ~lairned.~"The Ruler of Bahrain based his cIairn to

sovereigntyboth on Bahrain'shistorical enjoyment of sovereignty over

the entire Qatar peninsula and the islands and other maritime features

lying between the Qatar peninsular and Bahrain, and on recent acts of

sovereigntyby Bahrain in relation to the maritime features, The clairn

referredto the constnictionof artesianwells on Fashtad Dibal and Qit'at

Jaradahand annexed a list of cairns which had been erected by Bahrain

duringthe 1930s.~'~

b79
List preparedby LandDepartment,Govt. of Bahrain,of pillars erected
1938-1939,Ann.336,Vol.6,p. 1457.

LetterfromCharlesBelgrave,Adviserto the Govt.of Bahrain,to British
PoliticalAgent,18June1946,Ann 340.Vol. 6, p1470.

See,forexample,letterfrorBritishPoliticalAgentoRulerof Qatar9 July
1946,Ann.341, Vol. 6,p1471.

682 LetterfromCharlesBelgrave,Adviserto Govtof Bahrain,oPoliticalAgent,

10July1946,Ann. 342,Vol.6,pp.1473 and1474.585. The claim asserted by the Ruler of Qatar to Fasht ad Dibal and

Qit'at Jaradah is not based on any ground other than the legally

unmeritorious arguments of geographical proximity and the urge to

compensate perceived past injustice. It demonstrates ignorance and

confusionas to the extentof Balvain'ssovereigntyin general:

"...Perhaps Your Excellency knows that the name with which

Bhain is known atpresent is not its original name, but Bahrain
is a general narne for the western Arab tenitories borderingthe
western coasts of the Gulf, this (Bahrain) is only (A'wal)and
(Atwal) is an island in Bahrain, and it is understood that this
island has no dependencies contrary to Qatar which is a large

temitory and has dependencies, coasts, and islands. If we look
into the questionfiom the point view of equality, Qatar isto be
entnisted with Deebil and Jaradah Fashts which are situated
betweenQatar andBahrain,andthey arenearerto Qatar.You see
that Qatar has been treated unjustly in her clear right in the

question of Hawar islands which 1am still tenacious to claim
their ownership,then how about the~thers!"~'~

586. A detailed report fiom the Political Residentto the India Office

dated 18 Januaq 1947 unequivocally supports the conclusion that

Bahrainhad successfullyestablished its sovereigntyover Fashtad Dibal

and Qit'atJaradah:

"...On both shoals there isacairn andan artesian well bored by
the Bahrain Petroleum Company on behalf of the Bahrain
Govemment through a contractor. Dibal consists of a coral reef

which is completelysubmergedat high water except for the cairn
builtby the BahrainGovernrnent,the baseof which is submerged
and a small square of wall built to protect the head of the well
whichis darnagedand out of action. Thereis no rock abovehigh

water level as stated by Mr. Belgrave vide paragraph 26 of the
Political Agent'sletter. Jaradah isa sand-bank and when the
Political Agent visited at a neap high tide, heound an area of
about thirty yards by ten yards above the water level. This was
dry and bore the tracks of birds and appeared not to have been

recently submerged. The Political Agent reports that he has
always seen some land exposed whenever he has passed the

683
Lettefrom Rulerof Qatarto BritishPoliticalAgent, 18July 1946,Ann.343,
Vol.6,p.1476. shoal.The base of the cairn and the artesianwell which is sealed
areboth belowhigh water Ievel.

7.
With regard to the ownership of these two places 1
reluctantlyagree with the PoliticalAgent that if it is possible for
any body to establish a claim over shoals of the kind described,
they must be regarded as belongingto Bahrain. They have been

treated by the Bahrain Governmentas their propertyand beacons
havebeen erectedand weIIsboredwithoutanykind of protestby
the Shaikhof Qatar. Infact, as thePoliticalAgentpoints out,the
Shaikh of Qatar is a late arriva1 on the scene. He only

consolidatedhis position on themainland as recentlyas 1937and
has not taken steps to establish his position over neighbouring
islands and shoals ...My view is therefore that the two shoals
should be assigned to Bahrain which has done al1 it can to

establish its sovereignty overthe pIaces in the now outmoded
style of empire-building without any kind of protest from
Qatar.,.I.84

587. Apartfiom activities relating to and indicating sovereignty over

specificmaritime features, beginning in 1938(when BAPCO sought an

extension of the area of its oiI Concessions from Bahrain) the entire

maritime area between Bahrain'smain island and Qatar was surveyed

and many maritime features were marked in one fom or another for

purposesofnavigationalsafety and mapping.In 1950,BAPCOinformed

the Ruler of Bahrain that it had surveyed up to the low-water mark off

the Qatar Coast.BAPCO'sactivities were authorised by Bahrain, and

were carried out openly and must have been known to Qatar. Yet no

record of protest is known to exist. Indeed, in 1940, PCL, the oiI

cornpany operating under Qatar's authority, sought permission from

Bahrain to place navigational markers on, for example, Tighaylib,

MashtanandJanan.

68\etter from British Political ResitonH.M.'sSecretaryof Statefor India,
18January1947,Ann. 344,VoI.6,pp. 1480and 1481.588. Bahrain'scontrol over the entire maritime area between its main

island and Qatar is consistent with, and complementaryto, its control

over pearling bankssituatednorthof the Fasht ad Dibal-Ra'sRakan Iine.

Notwithstanding that many of Bahrain's pearling banks are

geographicallycloser to Qatarthan to the main island of Bahrain, these

pearling banks have appertainedto Bahrain fiorn time immemorial and

Bahrainhas consistentlyexercisedjurisdiction and control overthem. In

relativelyrecenttimes,Bahrainhas regulatedthe seasonfor pearldiving,

imposed taxes on pearl diving boats, determined disputes between

captains and divers, and provided medical services through a hospital

boat (see paragraphs644 and 645).

589. Bahraindoes not contestQatar'sright to a territorisea and does

not claim theentire areaof seaas faras the coast of Qatar.The object of

the present case is to delimit the sea areas between the two States in

accordancewiththe principles and rules of intentionallaw applicablein

our tirnes. Bahrain's objective in citing the evidence above is to

emphasisethat al1ofthe maritimefeatures lyingbetweenthe main island

of Bahrain and the peninsula of Qatar are subject to Bahrain's

sovereignty, and that the maritime delimitation should be effected

accordingly.

590. The only maritime features that Qatar has specifically put in

issue in this case by clairning "sovereign rights" over them are "Dibal

and Qit'atJaradah shoals".

591. By reference ta the considerations of law set out in Chapter 4

above, there is no basis on which such a claim can be sustained. At no

time, with the exception of the 1986 incident described in

paragraphs488 and 489, has Qatar ever exercised any form of

jurisdiction or authority over these features. When in 1947 Qatar wasinvitedby Britainto statthe basisof its claimto these featuresit relied

only on the concept of proximity and the need to be compensated for

what it saw as a past injustice suffered by it in relation to the Hawar

Islands. The latterisclearly irrelevant as a legal argumentAs to the

argumentof proximity it cannotbe supportedwhenthe feature is almost

as close to Bahrain as it is to Qatand, moreover, as indicated,Qatar

ha never performedany actsof sovereigntyin relationto it. By contrast,

as shown above, Bahrain fias conducted surveys and granted oil

concessions covering the features; has granted licences in respect of

permanent fish traps; carried out salvage operations; and placed swey

markers and navigationalbeaconson thern.

592.
The 1986 episode in which Qatar armed forces landed on Fasht
adDibal and forcedthebulldozinginto the sea of the constructionwhich

Bahrain had begunthere cannotsupport Qatar's claim;nor can Bahrain's

agreement to terminate the construction work there be seen as in any

way amounting to acquiescence by Bahrain in Qatar's claim or

renunciation by Bahrain of its own claim. Bahrain'srestraint must be

viewed within the bework of the Mediation Processthen (and still)

underway and as a contribution to that process intended to promote

peacefulrelationsbetween theParties.

(ii) Contemporary socio-economic links between Bahrain'smain

island and the maritime features between it and the Qatar

peninsula

593. Bahrain has in Chapter 3 demonstrated the close social and

economicinterrelationshipwhichbas alwaysexistedbetweenthe Hawar

Islands andthemainBahrainisland.594. To this daythe fisheriesaroundthe HawarIslandsremainvital to

Bahrain. In 1993, some 75 boats and 198 fishennen operated in the

watersoffthe Ifawar Islands, exercisingtraditionaltechniques offishing

involving nets, lines and portable fish traps. The boats come from

fishingvillageson the main Bahrainisland and the islandsof Shah and

Al Muharraq.No fishing boatsfiom Qatarwork the fisheriesaroundthe

Hawar Islands.

595. But the Hawar fisherydoes not exist in isolation. The entireaea

between Bahrain's main island and the Qatar coast is an area of

traditional Bahrain fishing. The fishing grounds located in this area

provide the livelihood fo2,208 fishermen, or 83%of the total number

of people engaged in the fishing industry. In 1993, these grounds

produced 3,802 tonnes of fish, about half of the entire catch by the

traditional sector of Bahmin'sfishing industry, andsome 37% of the

overall fish consurnption in Bahrain. The most important fishing

grounds, othar than the Hawar fishery referred to above, are the areas

surroundingFasht al'h, Qit'atJaradah and Fasht ad Dibal. Again, no

fishingboats fiom Qatar workthese areas.

596. The Fashtal'Am areais alsoa major shrimping ground, yielding

between 500 and 1200 tonnes per annum. It is also a rich breeding

ground for other species. In 1993, 398 vessels worked the area,

employing 1,239 men. The system of barrier nets and traps used for

shrimping is controlled by licences granted by Bahrain'sDirectorate of

Fisheries.

597. The areas around Qit'atJaradah and Fasht ad Dibal are worked

by 160 boats employing 507 men to produce an annual catch of 400

tonnes.598. A significantpolitical linkwith Bahrain,which continues to the

present day, is Bahrain's consistent practice ofmaintaining coast guard

patrols throughout the area occupied by the insular and other legally

relevant maritime featwes inquestion.

599. Map 7 inVolume 7 shows, in red,the normalpatrol limits ofthe

Bahrain coast guard. It may be seen that there is no direct relationship

between these patrol limits and the main navigation routes (indicatedin

black and blue). It follows that Bahrain's coast guard patrols are a

continuingand unchallengedmanifestation ofgeneralsovereigntyrather

than of specific concem for navigationalsafety. Bahrain also maintains

buoys and beacons in the maritime areasin question, which likewise

represent a continuing and unchallenged manifestation of gsneral

sovereignty.

600. Bahrain submitsthat the evidenceit has marshalledwith respect

to its contemporary as well as historical manifestation of sovereignty

over the maritime areas amply sustains its title. Indeed, the evidence

rnaywell exceedthe internationallegal evidentiary requirementin these

matters. The Court will recall the discussion in Section4.1, starting at

paragraph 506 to the effect that the international law requirement of a

continuous and peaceful display of State functions varies in content

according to the nature of the territory in question. For example, the

degreeof State activityrequiredis smâller in the case of an uninhabited

islandthan in that of a populatedand economicallyexploited island.

601. Accordingto MaxHuber'sawardin the IslandofPalmas case: "As regards groups of islands, it is possible that a group may
under certain conditions be regarded as in law a unit and that the

fate of theprincipalpart may involve the re~t."~"

Thus, in the case of Minauiersand Ecrehos,the Court did not consider it

necessary to make a pronouncement about each islet and rock

individually but decided the issue of sovereignty over each group of

islands as awhole and wascontent.686

602. Finally, fewer and less significant acts of sovereignty over an

island or group of islands willbe required of one party to a dispute if the

other party cannot establish any act ofjmisdiction than if there are two

cornpetingseriesof actsof jurisdictior~.~~~

603. These principles must be kept in rnindwhen assessing the acts of

sovereignty carried out by Bahrain over the features in question. In the

present case many of the islands and other maritime features to which

international law assigns relevance in maritimeboundary delimitation do

not lend themselves to human habitation, and insofar as they lend

themselves to a certain fom of human activit~, it is onlv from Bahrain

and by the inhabitants of Bahrain that such activity has ever been

performed.

604. Qatar, as has been shown, has no title or demonstrations of

peaceful and continucius contra1 that can match those of Bahrain. In

diplornatic exchanges, Qatar has referred ta contiguity or proximity as

the foundation of its claim. The answer to that daim is that the title of

685 U.N.Reportsof InternationalArbitAwards ,ol. II,p. 1at p.855.

686 Minquiersand EcrehoçJud~rnent.I.C.J.Report1953,p.53.

687
Cf,deVisscher,Leseffectivitésen droitinternational pub(1967)p. 106,
Fitrmaurice,p.cit.p.304et seq.contiguity, understood as a basis of territorial sovereignty, has no

foundation in international law. In the absence of a cogent contrary

claim, contiguity rnay in certain circumstances create a presumption of

title, but this is a mere presurnption which is always displaced by

evidence of anactual adverse display of sovereignty by a competing

State.

605. Furthemore, the argument related to contiguity loses al1

relevance where the maritime features in question are also situated

within the territorial sea breadth of another State's coast (or more

generally within the territorial sea breadth of a basepoint or baseline

used lawfully by the other State for defining its territorial sea), as is true

for nearly al1ofthemaritime featuresinissue inthe present case.

(iii) The unique characterof the area to be delimited

606. To describethe present deiimitation as adelimitation betweenthe

coasts of two mainlands between which insular and other legally

relevant maritime features are scatteredwould be seriously to distort the

political and geogaphical relationship between the two countries. The

reality is quite different. While Qatar is without any doubt a continental

mainland State, Bahrain is an ensemble consisting of the main Bahrain

island, the islands immediately adjacent to it (Sitrah and Al Muharraq),

the Hawar Islands and al1the other insular and other legally relevant

maritime features, together with the continental Zubarah region. Bahrain

is not a mainland with some off-lying islands, islets and rocks; it is an

insular and archipelagicensemble,together withthe continental territory

of Zubarah,

607. A paralle1may be drawn with Judge Bedjaoui's description, in

his opinion in the Case conceming the determination of the maritimeSeneaal, [a Case con ce min^ the arbitral award of 31 July 19891of the

relationshipbetween the continentalandinsular parts of Guinea-Bissau:

"Dans la présente affaire, il s'avèremanifeste que le facteur

géographiquele plus caractéristique estla présence d'un large
boucIier d'îles en Guinée-Bissau.Celle-ci s'est définiecomme
semi-insulaire, ou même commeamphibie, en raison de la
remarquable intimitéexistant entre la terre et Ia mer dans ce
pays.... Ces îles ... sont en fait déterminantes ... pour

l'appréciation dela nature du littoral de la Guinée-Bissauet de la
configuration générale deses cdtes. La Guinée-Bissaune serait
pas cequ'elleest sans les Bijagos....[Ill convient de tenir compte
de ce trait essentiel de la façade maritime de la Guinée-Bissau
constituée par la présencede ces îles et par leurlien étroitavec le

continent...".

"In the present case, rnanifestly the most characteristic
geographical factor is the presence of a large bulwark of islands
in Guinea-Bissau. That country has described itself as semi-
insular, or even as amphibious, because of the striking intirnacy
existing between the land and the sea in Guinea-Bissau ....These

islands ...are in fact a decisive factor..for assessing the nature
of the coastline of Guinea-Bissau and the general configuration
of itscoasts. Guinea-Bissau would not be what it is without the
Bijagos....[DJueregard must be had for this essential feature of
the coastal fiont of Guinea-Bissau constituted by the presence of

these islands andtheir close connectionwiththe continent

The present case is even more striking: the situation is not one of a

continental territory with off-lying islands, but one of a group of

territories which are al1 islands, with the exception of Zubarah. The

expressions "bulwarkof islands" and "arnphibious" are even more

appropriate in the present case than in that in which Judge Bedjaoui

employed them.

UN ~iportç of InternationalArbitral Awards Vol. XX, p. 204, para. 134; 83
ILR 109. The English translation was prepared by the Regisby of the
International Court of Justice on the basis of the authoritatitext.ench
Judge Bedjaoui'sopinion addressedthe question of the maritime boundary
which,intheview ofthe Court,didnot requirean answer.608. It would, therefore,be wholly inappropriateto draw a "mainland-

to-mainland" median line and then to distribute the insular and other

legally relevantfeatures according to whether they were situated othe

Bahraini or the Qatari sideof the line (Le. according to whether they

were geographically closer to the main Bahrain island or to the Qatar

peninsula). The appropriate delimitation is a delimitation between the

coasts of the Bahraini ensemble, on one hand, and Qatar, on the other

hand.

B. The maritime boundary inthe southern sector

609. As seen above, the delimitation to the south of the line from

Fasht ad DibaI toRa'sR&an is governed by the principles and mles of

customary international law which, as is generally accepted, are those

expressed in Article 15of the 1982Convention. The maritime boundary

between Babrain and Qatar in this sector, therefore, should be, in

accordance withthe customaryrule expressed in Article 15,

"...the rnedian line every point of which is equidistant fiom the
nearest point on the baselines fiom which the breadth of the

territorial seas of eachof the two Statesismeasured."

Article 15goeson to providethat

"The above provision does not apply, however, where it is
necessary, by reason of historic title or other special
circumstances,to delimitthe tenitorial seas of the two States in a
way which isat variance therewith."

610. Except for the reference to historic title, this mle, which was

taken, word for word, £romArticle 12 of the 1958 Geneva Convention

on the Territorial Sea and the Contiguous Zone, is identical to the

"equidistance-speciaIcircurnstances"mle set out in Article 6 ofth1958

Geneva Convention on the Continental Shelf, in relation to which the

Courtrecently declaredthat "itmust be difficu1.to find anymaterial difference - at any rate in
regard to delimitation between opposite coasts - between the
effect of Article 6 andthe effect of the custornaryrule which also

requiresadelimitation based on equitable principles. "689

611. There exists, therefore, an identity between, first, the

equidistance-specialcircumstancesnile governingthe delimitation of the

territorial sea under Article 12of the 1958Convention on the Territorial

Sea and Article 15 of the 1982 Convention; second, the equidistance-

special circumstancesmle governing the delimitation of the continental

shelf under Article 6 of the 1958 Convention on the Continental Shelf;

and, third, the custornary rule of delimitation according to equitable

principles governing al1 delimitations not governed by one of these

conventions. The same mle, therefore, applies in substance to al1

maritime delimitations, whether of the territorial sea, the continental

shelf, the exclusive economic zone, or "all-purpose"6gQ delimitations,

and whether governed by international conventions or by customary

international law. In relation to delimitationsother than of the territorial

sea (i.e., continental shelf, exclusive economic zone, or single maritime

boundary delimitations), the Court has stated that this rule applies "at

any rate between opposite coasts", but this does not imply that the nile

does apply as between adjacent coasts. In the case of a territorial sea

delimitation,in any event,the customary rule expressed in Article 15 of

the 1982Convention doesnot distinguish between opposite and adjacent

coasts; Article 15 in fact provides explicitly that the "equidistance-

special circunistances"mle applies "whether the coasts of tvlroStates are

e Delimitationin the Area between Greenland and Jan Maven,
JudgmentI..C.3.Report1493,p. 58,para.46.

690 Ibid,p.62,para.56.opposite or adjacent to each other", that is to Say in al1 possible

geographicalsituations.

612. In the Maritime Delimitationin theArea between Greenland and

Jan Mayen case, the Court explained the modus operandi of the

"equidistance-specialcircurnstances"rule in continentalshelf, exclusive

economic zone and single maritime boundary delimitations between

opposite coasts. To give effectto Article 15, the same modus operandi

shouldbe appliedto territorialseadelimitations.

613. It followsthat,to delimitthe southem sectorin the present case,

"... it is appropriate tobegin by taking provisionally the median
line between the territorial sea baselines, and then enquiring
whether 'specialcircumstances'requireanotherboundaryline." 69

614. As seen above, the rule expressed in Article 15 expressly

requires, "whether the coastsof two States are opposite or adjacentto

each other", that the starting point be "the median line every point of

which is equidistantfrom the nearest point on the baselines from which

the breadthof the territorialseas of each of the two States is measured."

In a second phase, it is appropriateto enquirewhether "it is necessary,

by reason of historic titleor other special circumstances,"to adjust or

displacethe medianline in orderto arriveat an equitableresuIt.

(i) Determiningthepointsthat generate themedianline

615. In relation to the delimitation of the continental shelf between

opposite coasts, the Court has characterised the initial phase as the

691
Maritime Delirnjtation the Area between Greenland and Jan Mayen,
Judpment.I.C.J.Report1993,pp. 59to60,para.49.drawing of "the median line between the territorial sea baseline~."~~~

This applies a fortiorito the delimitation of the territorial sea itself.

Once the baselines of the two countries' coasts are defined, the

determination of the median line becomes a relatively straightforward

technicalmatter.

616. As regards these parts of the coast of the Qatar peninsula that

appertainto Qatar, the appropriatebaseline, according tothe customary

mle expxessedin Article 5 of the 1982 Convention, is "the low-water

line along the coast as marked on large-scalecharts officiallyrecognised

bythe coastal State."

617. The same rule applies to the coasts of the ensembIeconstituting

Bahrain.

618. Onthe coastline of the Zubarah region, therefore, the low-water

lineis the appropriatebaseline.

619. Under the customary principle expressed in Article 121 of the

1982 Convention, each of the islands constituting the State of Bahrain

generatesits ownterritorialsea.Paragraph 1ofArticle 121provides:

"An island is a naturally formed area of land, surrounded by
water, whichis abovewaterathigh tide."

Paragraph 3 of Article 121,which relatesto "rockswhich cannotsustain

human habitation or econornic life of their own", applies only to the

continental shelfand the excIusiveeconomic zone, not to the territorial

692 6,
Jud9.ment. p.60,para.49.sea.693It foilowsthat al1of the maritime features which are "abovewater

at high tide" are to be taken into account in defining Bahain's temtorial

sea.In addition to the main Bahrain island and the islands of Sitrah and

Al Muharraq, these maritime features include the Hawar Islands, Rabad

a1 Gharbiyah, Rabad ash Sharqiyah, Jazirat Ajirah,AI Mu'tarid,Jazirat

Mashtan, Jabbari,UmmJalid and Qit'atJaradah.

620. The appropriate baseline for Sitrah Island is also its low-water

line, which is constituted by the low-water line around Fasht d'Am,

which foms an integral part of Sitrah Island. The only discontinuity

between Sitrah Islandand Fasht d'Am is a narrow artificial channel, 3

rnetres deep, which was dredged in 1982in order to facilitate navigation

between the Mina SuIman harbour and the east coast of the main

Bahrainisland. Bahmin submits that, by analogywith Article 60 (8) of

the 1982Convention (which provides that artificial islands, installations

and structures shall not affect the delimitation of maritime boundaries),

the existence of this artificial channel should not affect the definition of

"the low-waterline alongthe coast" forthe purposes of Article 5.

62 1. In respect of the HawarIslands,the baseline consists of the low-

water lines of Janan, Suwad al Janubiyah, Suwad ash Sharnaliyah and

Jazirat Ajirah. Thearea of sea to the Westof the Hawar Islands, between

these islands and the main Bahrain island, is comprised of interna1

waters of Bahrain.

622. The status of Qit'at Jaradah merits special attention. Although

there is some evidence that Qit'atJaradah was for some periods prior to

1947 a low-tide elevation rather than an island, its size and height

693
Indeed, even with respect to delimitatirhe continental shelf and the
exclusiveeconomiczone, it is doubtful whetherthis limitation fofs part
customaryinternationalIaw.increased as a result of natural accretion during the 1950s and

subsequently.Thereisno doubtthatby 1986it had becomean island.

623. On 26 April 1986,Qatarperpetrated an armed invasion of Fasht

ad Dibalandother actsof med aggression.Inthe course of subsequent

negotiations underthe auspicesof SaudiArabia, when Qatari bulldozers

removed that part of Qit'atJaradah which was exposed at high tide,

Bahrain emphasised that this was without prejudice to its rights of

sovereignty over Qit'atJaradah or the geographical status of this

maritime feature. Bahrain also stated at this time to Saudi Arabia that

Qit'atJaradahwould almostcertainIyrevert to being an island by means

of naturalaccretionoverthe course of time.

624. It is Bahrain's positionthat Qit'atJaradah shouldbe treated as an

island for the purposes of determining the single maritime boundary.

First, Qit'aJaradah has undeniablybeen an island in the past and would

still beo todayif it hadnot been forQatar'sarmed interventionin 1986.

It would be offensive to any notion of law or equity to allow Qatar to

benefit from this intentionally unlahl act. As Qatar's intervention

occurred afier the dispute between Bahrain and Qatar had arisen, and

with the manifest intention of changing the facts to the prejudice of

Bahrain's rights, the Court should in accord with international law

determine the maritimeboundary as if Qatar's interventionhad never

taken place. In addition, Qit'at Jaradah is today in the process of

revertingto its formerisland statusby means of an inexorable processof

natural accretion.

625. Article 13ofthe 1982Conventionprovides:

"Where a low-tide elevation is situated wholly or partly at a
distancenot exceeding thebreadth of the .territorialsea fiom the

mainland or an island, the low-water line on that elevation may be usedasthe baseline formeasuringthe breadthofthe territorial
sea."

Article 13 definesa low-tide elevation as "a naturally formed area of

landwhich is surroundedby and abovewater at low tide but submerged

athigh tide."

626. Several low-tide elevations fulfil the condition stipulated by

Article 13, and their low-waterlines are therefore availableto Bahrain

foruse as baselines. Thisis the casein respectof:

Fasht Bu Thw whichis closerthan 12nautical rniIesto the mainBahrain island

and several other islands (Al Mu'tarid, Mashtan,Jazirat Wawar,

Rabadal Gharbiyah,Rabadash Sharqiyah, and Ajirah);

Qita'ael Erge which is closerthan 12ilauticalmilesto the mainBahrain island

andseverd other isiands (Al Mu'tarid,Mashtan, Jazirat Hawar,

Rabad al Gharbiyah,Rabad ash Sharqiyah,Ajirah, Umm Jalid)

andto Zubarah;

Fasht al'h which (shouldthe Court.decline to recogniseit to be anintegral

part of SitrahIsland) is in any case closerthan 12nautical miles

to the mainBahrain island,to Sitrahand to Umm Jalid;

Qit'atash Shajarah whichis closerthan 12 nauticalmilesto UmmJalid;and

(A1Khujayjirah)

Fashtad Dibal which is closer than 12 nautical miles to Fasht allAm (Le., to

Sirrah)andto Qit'atJaradah.

627. Afterthe baselines of Bahrain and Qatarhave thus been defined,

the line "everypoint of which is equidistant from the nearest point on

the baselinesfromwhichthe breadthof the territorialseas of each of thetwo States is measured" can be precisely determined by the two States'

technical experts. This line, which in fact consists of two separate lin-s

one running southwards fiom the southem limit of the Zubarah coast

(Point X), the other ming northwards from the northern limit of this

coast (Point Y) - is shown for illustrative purposes, with the basepoints

fiom which it is determined,onMap8in Volume 7.

628. It should be noted that the southernmost point of the maritime

boundary cannot be defined precisely atthis time. South of Janan, the

boundaryruns towards the sea area appertainingto Saudi Arabia. Point 1

of the BahraidSaudi Arabia maritime boundary defined by the

agreement dated 22 February 1958between SaudiArabia and ~ahrain~'~

is irrelevant in this respect; it was never intended to be a

BahraidQatariSaudi Arabia tripoint, as both its definition and its

geographical location clearly show. The question of this tripoint will

require future negotiation arnong Bahrain,Qatar and Saudi Arabia. For

this reason, the median line on Maps 3 and 4 teminates south of Janan

in an arrow indicating a directional bearing, rather than in a precise

point.

The resultant median Iine requires neither adjustrnent nor
(ii)
shiftingin order taarriveat an equitableresult

629. According to the principle laid down by the Court in relation to

the delimitation of the continental shelf, of the exclusiveeconomiczone

or of a single maritime boundary between opposite coasts, which is

equally applicable to territorial sea delimitations, the median line

between the respective States' baselinesis "aprovisional line that may

694 J. Charneyand L.Alexander(Eds.)InternarionalMaritime Boundaries
(19331,op.citVol.II,p.1489.be adjusted or shifted in orderto ensurean equitable res~lt."~~t follows

that it is necessary "to examine every particular factor of the case which

might support an adjustment or shifiing of the median line provisionally

drawn", as "[tlhe aim in each and every situation must be toachieve an

'equitableres~lt'."~~~

630. Where the delimitation is between opposite coasts (i.e., in the

present case, tothe south of the pointX and to the north of the point Y),

the median line enjoys a presumption of equity, and produces, in most

geographical circumstances, an equitableresult. In relation to continental

sheIf, exclusive economic zone and single maritime boundary

delimitations, thisview has been clearlyupheld by the Court:

"...in the case of opposite coasts ...the tendency of customary

law ... has been to postulate the median line as leading prima
facie to anequitablere~ult."~'~

"Prima facie, a median line between opposite coasts results in

general in an equitabie solution, particularly if the coasts in
questionare nearlyparallel. "698

"The application of that method [Le.the equidistance method] to
delimitations between opposite coasts produces, in most

geographicalcircumstances,anequitableres~lt."~~~

Thepresumption of equity in favour ofthe median line appliesaforriori

in relation to territorial seadelimitations, because, as the Court has held,

"owing to the very close proximity of such waters to the coasts

695 Maritime Delimitation itheArea betweeriGreenlan and Jan Mayen,
Judyrnent.I.C.J. 1993,p.60,para. 50.

696 lbid, p.62,para54.

699'
Maritime Dalimitationin the Area between Greenland and Jan Mayen,
Jud~ment.I.C.J1993,p.67,para65.concerned", "the distorting effects" of equidistance lines "under certain

conditions" are "cornparatively small within the limits of territorial

waters."700Hence only truly exceptional circumstmces would justify

deviating, in these delimitations, from the median line between opposite

coasts.

631. In the present case, no exceptional circumstances - historical or

of any other nature -justifi modifying the median line in the southern

sector, either as between opposite or as between adjacent coasts. In

particular, there is no "disparity or disproportion between the coastal

lengths" such as was taken into account by the Court in the Jan Mayen

case.70'The two States'coastlines have similar characteristics, and to a

significant extent are virtually parallel.

632. To conclude,the singlemaritime boundary between the maritime

territories ofBa.hrainand Qatar in the southern sector (i.e., south of the

line from Fasht ad Dibal and Ra'sRakan)should be the equidistant line

between the baselines of Qatarandthose of Bahrain.

SECTION6.2 The northernsector

633. The northern sector, asdefined above, lies to the north of the line

from Fasht ad Dibal to Ra's Rakan (at the northern extremityof Qatar).

A. Characteristics

634. To the north of the line from Fasht ad Dibal and Ra'sRakan, as

Bahrain has already shown, the geographical situation and the legal

700 North Sea Continental Shelf case, Jud~menT.C.J Reports 1969,p. 18,
para.8,andp. 37,para59.

70' M ri e Delimitation in th
Judoment., QQ.65 etseq.paras.61etseq.nature of the delimitationtobe effected differ from those of the southern

sector.

635. First, the delimitation in this sector is a delimitation between

adjacent,rather than opposite,coasts.

636. Second, except for that partof the northern sectorwhich is closer

than 12 nautical miles to the coasts of Fasht ad Dibal and the Qatar

peninsula, the boundary to be defined is a single maritime boundary

between the continental shelves and exclusive economic zones of

Bahrainand Qatar (seeparagraph 650).

637. Third, the delimitation must be effected in the context of the

existingagreements between Iran and Bahrain (signed on 17June 1971)

andbetween Iran and Qatar(signed on 20 September 1969).'02

638. Finally, although the northern sector does not, unlike the

southem sector, contain nurnerous insular and other legally relevant

maritime features, it contains a signifiant number of pearling banks

which have appertainedto Bahrain sincetime inmernorial, andof which

an all-purpose delimitation must take account. Bahrain'shistoric rights

over these banks are relevant to the determination of the maritime

boundary in accordance with equitable grinciples and cannot be ignored

in carryingout the delimitation.

B. Bahrain'spearliny banks

639. The pearling banks appertaining to Bahrain in this sector

constitute one of the oldest, and richest, pearl fisheries in the world. In

1915,Lorimerwas able to referto peari fishingas "thepremier industry"

'O2 InternationalMaritime Boundaries,cit.Vol. IIpp.1481 and 1511.See
para. 65tnfa.of the Persian ~ulf,~'~and the Bahrain banks were pre-eminent. As

Lorimer states:

"The largesr and most productive of ail the banks are situated on
the Arabian side of the Gulf and are fished annually, the richest
being those to the north and east of Bahrain ...'O4

640. Lorimer provides statistics to show that in 1905-6, the value of

pearls exported from Bahrain was Rs. 1,26,03,000, nearly twice the

value of pearl exports fromthe whole of the Trucial States,and ten times

the value ofpearl exports from ~uwait.~'~InBahrain,in 1907,sorne 917

boats and 17,633 men were engaged in the fisl~er~.~'B ~ut the Bahrain

pearling fleet had been even larger. Streeter, in a work published in

1886, refers to 3,500 boats fiom ~ahrain.~'~WhiIst the number of

vessels declined from the mid-nineteenth Century, the pearling fieet

remainedactive at least until 1954, and long after Bahmin'scontinental.

shelf rights hadvested.

i The natureofthe Ruler of Bahrain'srights

641. Prior to the evolution of the contemporary continental shelf

doctrine, the general view was that the adjacent sovereign could, upon

proof of long-established "occupation" of the beds or banks, assert

ownership of the seabedand exclusiveright to the "fï-u~tus".~~~

'O3 LorimerVol. 1op. cit2220,Ann.83, Vol.3, p. 502.

7"
Ibid. p. 2221, Ann.83,Vol.3, p. 503.
705
Ibid, p. 225Ann. 83Vol.3,p. 508.

706 fbidp. 2258, Ann.83, Vol.p. 509.

?O7 E.W. Streeter, Pearls and Pearline Life, (Lon1886), pp.213 ta 221,
Ann.320,Vol.6, p. 1425.

'O8
Sir CecilHurst,"Whoseisthe Bedof thSea?"in Collected Papers,p. 58 and
B.Y.B.T.L. (1923-24), pp.34 to 43. Foreign Office Minutes including642. There is little doubt thatBahrainhas occupiedthe pearling banks

in this sense. The powers asserted by Bahrain over the pearling banks,

which are discussed in more detail in paragraphs 643 to 645., included a

power to tax and to legislate,which in turn assume both property in the

pearls and sovereignty over the Banks. It is clear that the British

Governrnentrecognised Bahrain'srights, for in 1905 the Law Officers of

the Crown so ad~ised,~'~and in 19 11 the British Government advised

the Ruler not to grant any concessions over the pearling banks to

foreignerswithout prior consultation with the British ~overnrnent.'~~

(ii) The exercise of jurisdiction and control over the pearling

banksby Bahrain

643. Under the traditional, customary law of the Gulf, neighbouring

tribes apparently had the ieightto fish for pearls, if their own Ruler was

on terms of amity with the Ruler whose banksthey were, but strangers

or foreigners were excluded unless granted concessir~ns.~'~ In practice,

few non-Bahraini boats fished Bahrain's pearling bank~,~'*and

vessels, irrespective of nationality or place of registration, were subject

to the jurisdiction of Baluain whilst on the Banks. Traditionally the

comments by 1.M.Sinclair, 13 October 1955,Ann.351, Vol. 6, pp. 1517to
1520.
709
Reportby the LawOfficers, Finlay and Carson, 11 Februa1905, Ann.321,
Vol.6,pp. 1431,1432.

'1° See letter from Lt. Col, Cox, British Political Resident, to British Political
Agent, 11July 1911, Ann. 322, Vol. 6, pp. 1434 and 1435. See also letter

from H.R.Ballantyne to Chartes Belgrave, Adviser to Govt. of Bahrain,
14 November 1949,Ann. 347, Vol.6, pp. 1490to1498.
71'
SeeExtractsfromLorimer Vol. II,op.cd, pp. 2241to 2242, Ann.83, Vol. 3,
pp. 506to507.

712 Testimonyof Jabor MusaIlam,Pearl Merchant, 26 October 1950, Ann. 349,
Vol. 6,p.1503, and of Dr. A.S. Bhandarkar, Medical Officer, Bahrain 17
October 1950,Ann. 348,Vol. 6,p. 1500.Ruler's jurisdiction was customary. Local, special tribunals called

"Diving Courts" (Salifat-al-Ghaws) enforced the rules and settled

disputes,principally about debts betweendivers andboat-~wners.~'~ The

Ruler of Bahrain levieda taxon vesselsfishing for pearls fromthe early

19th Century, justified by the need to maintain armed vessels on the

pearlingbanksta protectthe vesselsfishingthere.7'4

644. Subsequently,specificlegislation was enacted. In1924new laws

were enacted, providing quite comprehensive laws for the pearling

industry, and jurisdiction over disputes was transfmed from the old

diving courts to the ordinary courts. The year 1924 saw another clear

exampleof an assertion of sovereigntyby the Ruler of Bahrain overthe

banks. In order to punish some members of the Dawasir tribe,

traditionally loyal to the Rulerof Bahrain, who had quarrelled with the

Ruler and left Bahrain to settlein Saudi Arabia, the Ruler ordainedthat

various measures should be taken against those Dawasir, including

banning them from diving on the Balxain pearling banks. The British

warship "Cyclamen"was used to put tl-iisorder into effe~t.~'~ Later the

Governmentof Bahrainissued a Proclamationrequiring al1boat-owners

and individual divers to maintain a book of acc~unts.~'~The

7'3 Lorimer,op.cil.pp.2233to 2234, Ann. 83,Vol. 3, pp. 50505.

'14
Xbid,p.2241, Ann,83,Vol. 3, P506.
715
Sec Memorandurnfrom British Political Agent,to British Political Resident,
24 May 1924,Ann.325,Vol.6, pp. 1439to 1441,also Telegramçexchanged
between H.M.S. Cyclamen and British Political Resident 19120June 1924,
Ann.326, vol.6,p. 1442.

'16
Crovt.of Bahrain Proclamation,20.10 AH 1349 (1930). This followed an
earlierNotice of 8February 1926.It may be notthat thQatar Rejoinderin
the course of the 1938-39Britishadjudication (inthe ofa letter from the
Ruler of Qatar to British Political Agent30 March 1939, para. IO)
cornmented on Bahrain's claim to Hawar, adrnitted that any Qatari boats
diving on the Bahrain banks wûuld cany diving books issued by Bahrain,
Ann. 329, Vol.6,p. 1445.Govemrnent of Bahrain issued formal Notices fixing the dates for the

pearling season,setting fees for divingboats and enforcingsuchNotices

by confiscationof boatsm717

645. It must be added that Babrain's control was not simply

legislative, butlso administrative and judicial. In view of the health

risks attached to diving, it was the practice for Bahrain to provide

medical services onthe PearlingBanks.Regulartrips to the Banks were

made by a Governmentof Bahrainhospital boat,carrying a Government

physician and a licensing inspecter, and rendering assistance to al1

vessels. Dr. Bhandarker, who was employed by the Govemment of

Bahrain as a physician fromMay 1925until October 1950,testifiedin a

statement dated 12 October 1950 that the Government of Bahrain

hospital boats made regular trips to al1 of theprincipal pearl fishing

banks used by pearling fleets from ~ahrain.~'~ As Dr. Bhandarker

testified:

"Amongthe pearlingbanks we visited regularly were Shiggatah,
Shitaiyah (Shithyya),Miyyaneh, Bu Hagul, Bu Ja'al,Ai Ashira,
Bu Amanah, Abu Lathama, Bu Suwar, Mashbak,Al Asira and

Khababan.Normally we left Manama and went slightly east of
northto the Shitaiyahbanks, which areperhaps the largestof the
pearlingbanks.We coveredanareaas far east as Bu Suwatnorth

and west through Abu Latharna, Bu Arnanah, Al Asira and
Khababan. For shelter we some times went to Fasht al Dibal,
Fasht Jarim, Khor Fasht and sometimes to Ras Tua and
Dahrein.Wetook waterfromspringsat Khor~asht."~'~

Dr. Bhandarker stated that over 90% of the vessels operating in the

relevant pearling banks wereBahraini. He made a pointof visitingal1of

717 For anexampleseeGovt.ofBahrainNotice,15ApriI1939,Ann.338,Vol.6,
p. 1466.

71\~stimony of Dr. A.S. Bhandarkar, edicalOfficer,12 October 1950,
Ann.348,Vol.6, pp.1499to 1501.
719
Ibid Ann.348, Vol6, p. 1499.the Bahraini pearling vessels, but would also provide medical assistance

to other pearling vesselsfrequested. His testimony continues:

"Al1Bahrain pearling vesseis were required to be licensed. The
Bahrain Government inspector who accompanied me checkedthe
licenses of dl of the vessels visited and his clerk recorded the

names of the nakhudas and the numbers of divers on each
vessel....

...The pearlers frequently told me that before my time nakhudas
were practicdly despots aboard their vessels and would starve

men who did not strictly obey their instructions. This situation
did not exist during my time, however, because the Bahrain
Government was then active and any man could cornplainto the
Government and secure redress for wrongs dune to him while he

was on a pearling expedition. If a man should die aboard a
pearling vessel his body is brought toBahrain, the Government
notified and a medical examination made before the body is
buried.No bodies areburied at ~ea."'~~

646. Bahrain's claim to sovereignty is also supported by the

staternentsof contemporarywitnesseswhoarestillliving today, many of

whom participated in the pearl diving industry and had first-hand

knowledge of Bahrain'sadministrationboth of thepearl banks and of the

smaller islands and low-tide elevations situated between Bahrain and

Qatar.Nasr bin Makki bin Ali al Dosari, for example, states that he and

his fellow Hawar Islanders "used to dive at Bu1Thama, Bu Amarna,Al

Mashubach, Shtayya, Hoora, and Bal Kharab. These pearling banks

were al1in the territory of Bahrain.There was also a water wel1in Dibal

which belonged to ~ahrain."~~'Later, states the witness, "we continued

to corne back ... to tend the fish traps of Al Mu'tarid, Hanan, Umm

Beitkha, and Al Bateen near ~awad."'~~Hamoud bin Muhanna bin

720
Testirnony of Dr. A.S. Bhandarkar, MedicalOfficer, 12 October 1950,
Ann.348, Vol.6,pp.1500 and1501.

72' Statemenrof Naçrbin Makkibin Ali al Dosari, 16September1996, para. 22,
Ann.3 14a,Vol.6, p1384.Hamad al Dosari statesthat "AlDibal is apearling site and alsoa shelter

for Bahraini dhowswhen it is windy. The Goverrunentof Bahrain dug a

well there for the Bahraini dho~s."~~~ Salman bin Isa bin Ahmad bin

Saad al Dosari states that "When we returned to Zellaq in the summer

for the pearling season,the Dowasirwould dive off the Bahrainpearling

banks such as Bu1Thama, Shtayya, Al Mayna and Dibal. Dibal also

provided ashelter when it was windy. Al1of these pearling banks were

part of Bahrain - althoughthey were open to everyonethey were always

refened to as the 'Bahrain pearling banks. ttg724Mohammed bin

Mohammedbin TheyabAINaimi, who lived in the Zubarahregion from

his birth in approximately 1920 until Qatar's invasion of 1937, states

"We used to dive in Al Dibal, Shtayya, Al Mayana, Bu Amama, Bu1

Thama and other nearby places.Al1of thesepearling banks belonged ta

Bahrain. The Al Diba1pearling banks used to be called Hair Al Utub

afterthe Al-Khalifa who are ofthe Al-Utubt~-ibe."'~~

(iii) The location of Bahrain'spearlingbanks

647. Bah.rainlsprincipal pearlingbanks are shown in red on Map 9 in

Volume 7. Theyare:

Fasht Naywah (AlArnari)

Abu Al Kharb

Hayr AbuAl Ja'al

723
Translation of staterofnHamoud bin Muhanna bin Hamad al Dosari,
7 September1996,para.27, Ann.13aVol.6, p.1369.

724 Translation of staternentof Salman bin Isa bin Ahmad bialSDosari,
16September1996,para. 11,Ann.315,Vol. 6, 1395.

725 Translation of staternent of Mohammed bin Mohammed bin Theyab Al

Naimi,6 September1996,para.9, Ann.233aVol4, p1015. Bin Zayaan

Bu Sawr

Naywah Al Rumayhi

Naywah Al Ma'awdah

Naywah Abdul Qadr

UmmAl Arshan

KhraisAl Thayr

UmmAl Qars

Naywah Walid Ramadhan

648. TheBanks coincidewith areasof relatively shallowwater,notso

much because pearls did notoccur at greater depths but more because

traditional diving techniques only permitted harvesting in shailow

waters.

C. The maritime boundaryin the northern secfor

649. As has been explained above, the delimitation ithe northern

sector is primarily a delimitation of a single maritime boundary between

Bahrain's and Qatar's continental shelves and exclusive economic

zones,726and is governed bythe mles of customary international law.

650. The Court has held, particularly in Jan Mayen case, that the

same prînciples and rules apply in substance to continental shelf

delimitations, exclusive economic zone delimitations and "all-purpose

726 See,however,para.651,infra.boundary" delimitations, whether an international agreement or

customary international law is app~icable.72A 7s the Court emphasised on

several occasions in its judgment in that case,728the fundamental

principle is that of the search for an equitable result. Although the

delirnitation in the northern sector is one between adjacent rather than

opposite coastç, it is also appropriate to take an equidistance line as a

starting point, andthereafterto ascertain whether it is necessary to adjust

or shiftthe equidistanceline so as to take into account al1of the relevant

circumstances and to reach an equitable result. In the same decision,the

Court observedthat "thereis inevitably a tendency towards assimilation"

between the "special circumstances" referred to in Article 6 of the 1958

Geneva Convention on the Continental Shelf (and, for that matter, in

Article 15 of the 1982 Convention), and the "relevant circumstances"

which customary international law requires to be taken into account in

al1maritime delirnitati~ns.~~'

651. Thesouthemost point ofthe maritime boundary in the northern

sector is the point equidistant from Fasht ad Dibal and the Qatar Coast.

This point, marked O on Map 10 in Volume 7, is naturaliy also the

northernmost point of the median iine in the southern sector. From this

point northwards, the provisional boundary which should be initially

taken into consideration is the equidistance line between the closest

points on the coasts of Bahrain and Qatar respectively. It is immediately

apparent, however,that this provisional boundary requires adjustmentby

727 Maritime Delimitaiton in the Area between Greenland and Jan Mayen,
Judgment.I.C.J.Reports1993,p. 58,para.46, and p. 62,para. 56.

728
See, in particular,MaritimeDelimitaiton in the Area between Greenlandand
Jan Mayen. Jud~ment. T.C.J.Reports 1993, p. 59, para.4p.62, para. 54;
p. 69, para.70.
'*'
Maritime Delimitaitonin the Area between Greenland and Jan Mayen,
Judement. I.C.J.Reports1993,p. 62,par55.reason of two circumstances pertaining to the areas of the continental

shclf and exclusive economiczone. The first such circurnstanceis the

existence of Bahrain'shistoric rights to the pearling banks. The second

special circumstanceis the existence of the Bahrain/Iran and IrdQatar

Agreements of 17 June 1971 and 20 September 1969 respectively.

Neither of these agreements purports to detennine a single

BahraidIradQatar tripoint; the point of termination of the maritime

boundaryin eachof these ag~eementsis determinedonly by referenceto

an azimuth. Moreover, the agreements purport only to effect a

continental shelf delimitation, and expressly provide that they do not

"affectthe status ofthe superjacent waters."Nevertheless,the provisions

of these agreements are obviously relevant to the delimitation of the

maritime boundary inthe northern~ector.~~'

652. Bahrain's proposedsingle maritime boundary is shown, together

with the location of the pearling banks, on Map 10. The maritime

boundary consistsof a seriesof straightIinesjoining the points 0, Q, R,

S, T, U, and terminating at the point Z. Point O, as explained above, is

equidistant fiom Fasht ad Dibal and the Qatar coast. Point Q is afso

equidistant from Fashtad Dibal and the Qatar coast and is exactly 12

nautical miles fiom each of thern. The part of the single maritime

boundary corresponding to the line OQ is therefore a territorial sea

boundary.

730
In its Judgment itheContinentalShelF(TunisiaILibvanArabJamahiriyal
CaseJudgment. I.C,J, Repor1982, pp64, 65, para. 81, the Court cited "the
existenceand interestsof other Statesin the area,andthe existingor potential
delimitations between each of the Parties and such States" as relevant
circumstancesto be taken into account by the Court. The Court is also
referredoP. Weil,ne Lawof Maritime Delimitatio- Refiections,(1989),
p. 254 etseq.653. Northwards of point Q, the circurnstancesreferred to above cal1

for two modifications of the equidistance line. The first modification,

which is in Bahrain'sfavour, is justified by the existence of Bahrain's

rights in respect ofthe maritimeareas wherethe Bahrainipearling banks

are located. Bahrain requests that the single maritime boundary be

delimited fiom point Q through points R, S, Tand U. The three latter

points are situatedtthe easternlimits of the three eastemmostpearling

banks appertaining to Bahrain. This is the minimum deviation to the

equidistanceIinenecessaryto ensurethat Bahrain'shistoric rights tothe

pearlingbanksarepreserved.

654. As may be seen from an exarnination of Map 10, a boundary

drawn directly from pointQ to point S would cut acrossthe 12-nautical

mile territorial sea to which Qatar is entitled. PRinis situated onan

extension of the line OQ, in the southernmost possible position

consistentwith preservingthe integrityof Qatar'sterritorial sea. As Map

10shows,the lineRS istangentialto Qatar'sterritorialseaboundary.

655. The second modification, whichis in Qatar'sfavour, is proposed

in order to accommodate the provisions of the BahraidIran and

IrdQatar Agreements.Although(i) each ofthese agreementsis binding

only as between its parties, and consequentlyneither Bahrainnor Qatar

enjoys any rights as against the other on the basis of its own or the

other'sagreement with Iran, and (ii) any adjustmentof Qatar'smaritime

areas south of the Iran-Qatar boundary line would in no way prejudice

Iran, Bahrain nevertheless proposes that the Court, to the extent

reasonably possible, effectthe maritime delimibtion so as to arrive at a

northern termination point consistent withthe provisions of both

agreements with Iran. The point 2, which Bahrain suggests as the

appropriate northem temination point of the Bahrain/Qatar singlemaritime boundary, is Point 2 of the IraniQatar Agreement. Thispoint is

situated tothe west of the point where a BahraidQatar equidistance line

would intersect the boundary with Iran. The delimitation of the maritime

boundary ffom point U to point Z thus represents the minimum

westward deviation in Qatar'sfavour necessary to take into account the

provisions ofthe existing agreementswith Iran.

656. The maritimeboundary proposed by Bahrain in both the southern

and the northem sectors is shown for illustrative purposes on Map 11in

Volume 7.

SECTION6.3 Bahrain's alternative claim

657. There are variousways of characterisingBahrain, including:

(1) as a continental and multiple island State, if the Zubarah

region isdeemedto appertain to Bahrain;

as an archipelago, in theinternational Iegal denotation of
(2)
this term,if the Zubarahregion is not deemedto appertain

to Bahrain but the insular and other legally relevant

features of Bahrain are deemed to fulfilthe relevant

requirementsof the 1982Convention;

(3) as a multiple isiand State, if the Zubarah region is not

deemed to appertain to Bahrain and Bahrain is not

recognised as an ar~hi~ela~o.~~"

731
Even in the event thatthe Zubarahregion waç deemed to appertain to
Bahrain,as it tnustinthe view of Bahrain,the conceptof anarchipelagicState
might still be applied to characterisStateof Bahrain. Since the result
wouldnot substantiallydifferfromthe maritimeline propointhe previous
section,his alternatisnot examinedhere ingreatedetail.658. Each of these factual characterisations necessarily irnports

differentlegai features,such as baselines, and differentunified boundary

lines.

659. It is Bahrain's position that the Zubarah region appertains to

Bahrain and this position is argued fully elsewhere inthis Mernorial.But

Bahrain appreciates that the disposition by the Court of some distinct

items in issue,e.g. title to the Zubarah region, or the archipelagicstatus

of Bahrain, will put some rnatters into issue while rendering others

moot. Bahrain considers it appropriate to inform the Court of its views

ofthe law and boundaries under each of the possible characterisations.

660. A decision that Bahrain is not entitled to sovereignty over any

part of the Zubarah region would not affect the status of the maritime

features situated between the main Bahrain island and the Qatar

peninsula, which would remain under Bahraini sovereignty and whose

low-water lines would therefore continue to be available to Bahrain as

baseIines.Bahrain wiIlhereafterjusti@ its right to archipelagicbaselines

on the basis of these and other maritime features and requests that the

Court dclimit the maritime boundary using the equidistance-special

circumstances method with the archipelagic baselines claimed by

Bahrain. If, however,the Court were to take the view that Bahrain is not

entitled to archipelagic baselines, then a substantially sirnilar maritime

boundary would result from the use of the equidistance-special

circumstances method with, on the Bahraini side,the low-water lines of

the sarne maritime features as normal baselines, together with a small

number of additional features which would not othenvise have been

relevant. While Bahrain asserts its right to archipelagic baselines,

therefore, Bahrain's alternativelaimis in fact forthe maritime boundary

resulting from the application of the equidistance-çpecial circumstancesrnethod to whichever of Bahrain's archipelagic or normal baselines the

Court sees fit to accept.

A. Archipelapicbaselines

661. The description of Bahrain as an archipelago - using that term in

a geographical sense - is long-established and well-documentecl. It was

Lorimer's term in his Gazetteer of the Persian Gulf, published in 1908.~~'

It was the term used in British governmental and other offi~ial~~~ and

unoffi~ial~~~ publications. The precise extent of the archipelago

necessarily depended upon a determination of the extent of the domain

over which the Rulerof Bahrain claimed, and asserted, sovereignty. But,

by 1937,in response to a British governmental inquiry on precisely this

point, the Government of Bahrain replied that thearchipelago comprised

Fasht Dibal, Qittat Jaradah, Fasht al Jarim, Khor Fasht, AI Benat, and

"the Hawar archipelago consisting of nine islands near the Qatar

~oast".~~~This clairn was re-iterated in 1947 when the Ruler of Bahrain,

writing to the Political Agent on 3 1 December 1947, stated that the seas

lying between our Eastern coast and the Western coast of the Qatar

732 torirner Vol.II,opcit.pp. 234to 235, Ann. 74,Vol.3, pp.373 and374.

733 See, for example, "Gazetteer of Arabia", published by the Govt. of India, at
p.329, IndiaOffice Records, Ann.323, Vol. 6, p. 1436; Military Report on

the Arabian Shoresof the PersianGulf, Kuwait, Bahrein, Hasa,Qatar, Trucial
Oman, Oman, 1933,p. 32,Ann. 330,Vol.6, p. 1447.

734 See, for example, Charles Belgrave, "Pearl Diving in Bahrain" Journal of
Roval Central Asia Society?Vol.XXI, July 1934, p.450, Ann. 331,Vol. 6,
p. 1449, Sir Rupert Hay, "The Persian Gulf States and their Boundary
Problems",in-TheGeogra~hicalJoumai, Vol.CXX Part4, Dec. 1954,p. 437,
Ann. 350,Vol.6, p. 1510

735
Mernorandurn from Charles Belgrave,Adviser to the Govt. of Bahrain, to
British PoliticalAgent, 14August 1937,Ann.334, Vol. 6, 1455. This was
in replytoa request initiated by Admiralty through the India Office; see
letterfromE.A. Seal, Military Branch Admiralto,Clauson, lndia Office,29
April 1937, Ann. 332, Vol. 6, pp. 1451to 1453, followedby the Political
agent'srequestfor information,5July 1937Ann.333,Vol. 6,p. 1454.peninsulahave been "(under our ownhands) and sovereignty and also al1

islands and shoals and seabed exposedat low ti~le".~~~

662. The translation of this claim, resting on both geography and

established dominion and control, into actual archipelagic base-lines

necessarily had to await the stage at which a clear international

consensus emerged over the whole concept of the archipelagic State.But

in the context of the negotiations during the Third Law of the Sea

Conference, Bahrain's claim was clearly expressed as early as 1974,

without objection from ~atar.~~~ Bahrain has never doubted its

entitlement to the status of an archipelagic State, with archipelagic

baselines, and it hasmade thispositionclearthroughout this dispute.

663. The archipelagicbaselines to which Bahrainis now entitled as an

archipelagic State, under conternporaryinternational law, are an element

of crucial importance in this case. They are illustrated on Map 12 in

Volume 7.

664. Since the Third Law of the Sea Conference was able to reach

agreement on a PartIV (ArchipelagicStates) incircumstanceswhich can

be said to reflect a general consensus, the provisions of Part IV can

properly be said to reflect the current, generally accepted rules of

international law on the matter. Accordingly, it is by reference to these

niles, in particular the rules contained in Articles 46 and 47, that the

legitimacy of Bahrain'sclaim must be tested.

736 Letter from Ruler of Bahrain to CI Pelly, British Political Agent,
31Decernber1947, Ann.345, Vol.6,pp. 1480to 1487.

737 Statement of M. Al-Nimer, Representativeof Bahrain,Third Law ofSeae

Conference, 37th Mtg., 11 Ju1974 (OfficialRecords, Vo1,1974, p. 174
para.30),Ann.352,Vol. 6,p. 1530. Bahrain is an archipelagic State
(i)

665. Article 46(a) providesthat:

"'ArchipelagicState'means a State constituted wholly by one or
more archipeIagosand may include other islands."

666. It is evident that Bahrain meets this criterion since, assurning the

occurrence of the contingency on which this part of the Mernorial is

based, the Court will have determined that Bahrain is composed wholly

of islands.

(ii) The islandscamprisingBahrain arean archipelago

667. Article 46(b)provides that:

"'Archipelago'means a group of islands, including parts of
islands, interconnecting waters and other natural features which
are so closely interrelated that such isIands, waters and other
natural features fonn an intrinsic geographical, economic and

political entity, or which historically have been regarded as
such."

668. It is apparentfiom the provision that the group of islands, waters

and natural featuresmust be shownto constitute anentity on the basis of

observable fact a (and this is an alternative rather than a cumulative

requirement) must histoncally have been regarded as such. Bahrain

submits that both alternativecriteria are in factfulfilled inowns case.

The historical data already rnarshalled demonstrate that Bahrain was, in

fact and with amplejustification, historically regardedas an archipelago;

the geographical and social data demonstrate the inextricable

relationship betweenthe islands inte srand the sea.

(iii) TheBahrainarchipelagois an.intrinsic geographicalentity

669. The maritime features enclosed within Bahrain's archipelagic

baselines consist of the main Bahrain island, the immediately adjacentislands of Sitrah and Al Muharraq, approximately 50 other islands

(includingthe HawarIslands) and 22 low-tide elevations.The total land

area exposed atmean high water springs is approximately 701kmz;the

total land area exposed at lowest astronomical tide is approximately

1,020 km2.The total area (land and sea combined) enclosed within the

archipelagicbaselinesreferredto above is approximately4,500km2. The

ratio of sea to Iand is thus approximately 5.3:l or 3.4lt mean high

water springsandlowest astronomicaltiderespectively.

670. The archipelagic baselinesjoin the ten outermost islands and

drying reefs of the Bahrain archipelago.These islands and drying reefs

are Fasht al Jarim, Fasht ad Dibal, three of the islands of the Hawar

group, the Al Hu1 reef atthe southerntip of the main Bahrain island,a

permanently dry rock to the south-west of the main Bahrain island,Al

Baynahas Saghirah,adrying reefto the north of Al Baynahas Saghirah,

and KhawrFasht.

671. The distancebetween the two maritime features constituting the

Bahrain archipelagowhich are the furthest apart, Fasht al Jarim (to the

north of the main Bahrain island) and Janan (in the Hawar group),

measured fromthe northemost point of the formerto the southemost

point of the latter, is just under 60 nautical miles. This maximum

geographical separationis not large by the standards of either the 1982

Convention,whichauthorisesindividualbaselines of upto 125nautical

miles in length,or Statepractice,whichoffersthe examplesof Indonesia

(with a maximumgeographicd separation of 2,161 nautical miles) and

the Philippines (with a maximum geographical separation of 1,034

nautical miles).

672. The maritime features whose geographical unity with the

remainder of the Bahrain archipelago are of most direct concem to amaritime boundary delimitationwith Qatar are the islandsof the Hawar

group, and Fasht ad Dibal. Rayad al. Gharbihyah, the northemmost

island of the Hawar group, is situated only 11 nautical rniIes fiom the

southern tip ofBahrain'smain island at Ra's alBarr T.he intervening

waters contain several other islands (Halat Noon, Qasar Noon, Jazirat

Mashtan,and Al Mu'tarid)distributedeveniybetweenthe main Bahrain

island and the Hawar group. The intervening waters are moreover very

shallow; the depthrarely exceeds 9 metres and is mostly less than 6

metres.Largeareasare so shallowas to be quite unnavigable.Proximity

and shallowness of depth, along with the intense patterns of social

exchangedescribedabove, reinforcethe geographica1unity which exists

betweentheHawar groupand the remainderof the Bahrain archipelago.

673. In additionto the geographicalunity ofthe maritimefeatures,the

baselines connecting them arewell within the internationalnom. Once

again, a cornparison with State practice supports Bahrain's position:

Indonesia maintains archipelagic baselines around the Anambas, an

island group between 180 and 235 nautical miles northwest of Borneo

and only 90 nautical miles east of Malaysia, and around Palmas

(Miangas)Island,245 nauticd miles north of the main island of Celebes

and only 45 nautical miles from the south coast of the Philippines. For

theix part, the archipelagic baselines of the Philippines encompass the

islands ofY'Ami,situated 154nautical miles hm the island of Luzon

and only 78 nautical miles from the mainland of Taiwan, and Sibutu,

situated 193 nautical miles from the island of Mindanao and only19

nautical miles fiom Indonesian Bomeo. Components of archipelagos

may be close to other states, without minimising their archipelagic

status,asthe aboveexarnplesdemonstrate.674. The low-tide elevation Fasht ad Dibal sirnilarly forms partof the

intrinsic geographical entity constituted by the Bahrain archipelago.

Fastit ad Dibal is situated only 14 nautical miles from the island of

Muharraq; it is only 10 nautical miles from the low-water line around

Fasht allAzmand Qit'atAl Khujayjirah, which, as Bahrain has shown

above, should be considered aspart of the island of Sitrah; and it is only

2.5nautical miles fiom Qit'atJaradah.

675. To sumarise, the entire area between the main Bahrainisland,

the Hawar Islands and Fasht ad Dibal is filled with various maritime

features,including, inadditionto those alreadymentioned,the islands of

(Jazirat) Ajirah, Jabbari, Tighaylib and Umm Jalid, and the low-tide

elevations of FashtBuThoor and Qita'ael Erge. The combined effect of

al1these maritime features is to keep commercial shipping to the east of

the line from theHawar Islands to Fasht ad Dibal;the waters to the West

of this line are used only by srnaIl,shallow-draft Bahraini vesselswhich

are engaged mainly in fishing. The islands and other maritime features

making up the Bahrain archipelago, therefore, clearly constitute an

intrinsic geographical entity.

(iv) TheBahrainarchipelagoisan intrinsiceconomic entity

676. Bahrâin has demonstrated that the Hawar Islands are and

historically have been entirely economically dependent on and

economically integrated with Bahrain (sec paragraphs 418 to 419 and

paragraph438 et seq). Balvain has also demonstrated the economic

significance of the fishing activities carried on in the area enclosed by

Bahrain'sarchipelagic baselines to the inhabitants of the main Balnrain

island, SitrahandAl Muharraq(seeparagraphs 595to 597).677. Takinginto accountthe large-scaleBahraini fisheriesthroughout

the area enclosed by Bahrain's archipelagic baselines,the extensive oil

exploration conducted over this area since 1938 under Bahrain's

authority, and Bahrain's continuous activities in surveying, charting,

buoying and marking the area, it is clear that the Bahrain archipelago

constitutesanintrinsiceconomicentity.

(v) The Bahrain archipelago isan intrinsicpoliticalentity

678. Bakrain'sclaims to sovereigntyoverthe HawarIslands, and over

Fasht ad Dibal and Qit'at Jaradah, have been discussed above (see

Chapter 3 in relatioto the Hawar Islands and paragraphs569 to 592 in

relationto Fasht adDibaland Qit'atJaradah).

679. Bahrain has already referred to its consistent practice of

maintaining coast guard patrols throughout the area occupied by the

insukir and other legally relevant maritime features between themain

island of Bahrain and the Qatar peninsula (see paragraphs598 to 599).

Map 7 in Volume 7 shows, in red, the normal patrol limits of the

Bahrain coast guard.As Bahrain has pointed out, there is no direct

relationship between these patrol limits and the main navigation routes

(indicated in black and blue). On the other hand, the area patrolled by

the Bahrain coast guard encompasses al1of the area enclosed within

Bahrain's archipelagicbaselines. It follows that Bahrain's coastguard

patrols are a manifestationf general sovereigntyrather than of specific

concern for navigational safety, and a demonstration of the intrinsic

politicaiunityof the Bahrainarchipelago.(vi) Historical evidence of the existence of the Bahrain

archipelago as an intrinsic geographical, economic and

political entity

680. lt is important to emphasise that, providedthere is historical

evidence of such links between Bahrain's main island and the outlying

islands or features of the ar~hi~ela~o,~~ t~ere does not need ta be

historical evidence that the entire group was considered to be an

archipelago.The reason for this is abvious enough. As has been show,

the regime of the archipelagic State,as a legal regirne,achieved forma1

recognition in the 1982 Convention. Prior to the Third Conference on

the Law of the Sea, the concept was, as an international legal concept,

controversialand the geographical extentof a legal archipelagowas not

defined. It could not be expected, therefore, that in 1939 the British

Govenunent would recognise that the Hawargroup of islands fonned

part of the Bahrainarchipelago.Forin 1939such a concepthad not been

established. Thus what has to be established is that there are such

geographical, economicor political links, or that suchlink have been

historically recognised:but the legal clairnto archipelagicstatus can be

quite newandin Bahrain'scase couldnothavebeenreasonably expected

prior to the 1982 Convention. Theformal promulgationof such a claim

has been delayed even further because of Bahrain'scornmitmentunder

the principles of mediation of 1982-83 "not to change the current

situation in respect of the disputed issue". But,facto, Bahrain & an

archipelago and, de jure, it has an existing legal entitlement to

promulgatesuchbaselinesas it is entitledto by law.

738 That thereis such evidenceis clear. See Lorimer Vocit.pp.234 to
235,Ann. 74, Vol.3,pp.37to 374. The ratio of the area of water to the area of land falls
(vii)
between 1 :1 and 9:1

681. As noted above, the ratio is in fact 5.3:1 or 3.4:1 at mean high

watersprings and lowestastronomicaltide respectively.

(viii) The baselines da not depart to any appreciable extent from

the generalconfiguration ofthe archipelago

682. The criterionof what is, or is not, an "appreciableextent.",within

the meaning of Article 47(3) can only be determined by reference to

Statepractice. The distances fromBahrain'smain islandare very modest

by any standard of State practice: they are 18 nautical miles (Pasht al

Jarim), 14 nautical miles (Fashtad Dibal) and 11 nautical miles (the

Hawar Islands). State practiceaccepts distancesof 100 - 200 nautical

miles.

683. Itmight, of course,be saidthat distancealone is not decisive,and

that the significanceof any departure is a question of scale. But if one

bears in mind the sizeof the main island, in relation to the location of

the outlying parts of the archipelago, and their distance fiom the main

island,it cm be seenthat there is no significantdeparture.This is al1the

more evidentwhen one considers thesize and configuration ofthe main

island by reference to its own offshore reefs and low-tide elevations.

For, even by reference to the normal rules governing baselines and

without contemplating the outlying parts of the archipelago, Bahrain's

main island must be deemed to iinclude an extensive area of fringing

reefs, and manylow-tide elevations.It is thereforenot simply the shape

and size of the area of dry land which counts. The main island of

Bahrain has to be regardedasthat area which wouldbe embraced within

normal baselines, evenif no questionof archipelagicstatusarose.(ix) No baseline exceeds 100miles

684. The maximum length is in fact 38 nautical miles from Dibal to

Hawar.

(x) The baselines do not cut off the territorial sea of Qatar from

the High Seas or the Exclusive Economic Zone

685. In relation tothe area of Qatari territorialseato the south-westof

the Qatar peninsula, access from thistenito~ialsea to Qatar'sexclusive

economic zone and the high seas is possible via the band of Qatari

territorial sea situated between the Hawar Islands and the Qatar

peninsula.

686. In addition,ascm be seenfrom anymap, Qataras awhole is left

with open access to the high seas by virtue of its extensive east-facing

coastline,alongwhichvirtuaIlyits entirepopulationlives.

(xi) Any legitimate and traditional rights of passage exercisedby

Qatar between the coasts of Qatar south of Bahrain's

archipelagicwaters and the Gulfwill continue

687. Bahrain acceptsthe obligations statedin Articles 5and 52 ofthe

1982 Convention. Thus, Bahrain accepts the obligation to enter into a

bilateral agreementwith Qatarto preserve within Bahrain'sarchipelagic

waters any "traditional fishing rights and other legitimate activities"

which Qatar may show to have existed within certain areas of these

archipelagicwaters.Moreover,a right of innocentpassage is accordedto

Qatar by virtue of Article 52, in accordance with the tems of

paragraph 1of that~rticle.~~'

739 Historicaltherehasnever beeanysignificantmaritimetrafic betweenthe
QatarCoasttothe southof the HawarIslandsand the high seas of the GulfB. Normal baseline~

688. Bahrain considers it appropriate, as has been explained in

paragraphs 657 to 660 above, to inform the Court of the maritime

boundarywhichwould, in Bahrain'sview, result fiom a decisionto treat

the coastlines of Bahrain's insular and otherlegalIy relevant maritime

features, excluding the Zubarah region, as normal baselines. Bahrain

would respectfùlly remind the Court,however, that this treatrnent does

not correspond toBahrain'sview of its own geographicalstatus.Bahrain

continues to maintain both its claim to sovereignty over the Zubarah

regionand its position that, shouldthe Zubarahregion be deemednot to

appertain to Bahrain, the insular and other Iegally relevantfeatures of

Bahrain constitute an archipelago within the meaning of the 1982

Convention.

689. Bahrain'snormal baselines, in the event that the Court does not,

withinthe context of Bahrain'salternativeclaim, accept Bahrain's claim

to archipelagic baselines, are exactly the baselines which Bahrain

claimed in the context of its principal claim, with the exception of the

Zubarah c~astline.~~~ Among these baselines, the low-water line

surrounding Qit'at ash Shajarah, owing to its geographical situation,

assumes greaterrelevancein connectionwith Bahrain'salternative claim

thanit possessesin connectionwithBahrain'sprincipalclaim.

itself (witheexceptionof the old routefrom Sitrahto Zekrit). The oil.fields
inQatarat Jebel Dukhanpipe the oil acrossthepeninsulUmmo Saidon the
east coasofQatar.Qatar'sfishinisalso locaton theeastcoast.

740
For a discussionof thesebasepoints,see Section6.1, statparagraph564
and Section6.2, startingat paragraph633.C. Thealternative maritime boundary

(i) The southernsector

690. As in the case of Bahrain's main claim, the single maritime

boundary which Bahrain requests the Court to delimit in this sector is in
fact aterritorial.sea boundary.The geographicalrelationship betweenthe

respective coasts of Bahrain and Qatar, however, differs fiom the

correspondingrelationship in the case of Bahrain'sprincipal claim. As a

result of the removal of the Zubarah Coastfrom Bahrain's baseline, the

delimitation under this contingency would be between opposite coasts

over the entirety of the southern sector.

691. The appropriate rnethod of delimitation in the context of

Bahrain's alternativeclaimis, Bahrain submits, the sameas for Bahrain's

main claim: the Court should take as a starting point "the median line

every point of which is equidistant fiom the nearest point on the

baselines fromwhich the breadth ofthe territorial seas of each of the two

States is measured." Subsequently, the Court should enquire whether "it

is necessary, by reason of historic title or other special circumstances,"

to adjust or displace the median line in order to arrive at an equitable

result.

692. As alreadystated,therefore, the appropriate baselines for Bahrain

are the archipelagicbaselines illustrated on Map 12in VoIurne7. Should

the Court:not accept Bahrain'sclaim to archipelagic baselines, however,

the appropriatebaselines for Bahrainare the normal baselines referred to

in paragraphs 688 and 689. Afier the baselines of Bahrain and Qatar

have thus been defined, the Iine "every point of which is equidistant

fi-omthe nearest point on the baselines from which the breadth of the

territorial seas of each of thtwo States is measured" can be preciselydetemined by the two States' technical experts. Map 13 in Volume 7

shows, for illustrative purposes, Bahrain's archipelagic baselines in

purple, and the equidistance line between Bahrain's archipelagic

baselines and Qatar's baselinesin red. Map 14 in Volume 7 shows the

equidistance line between Bahrain's normal baselines and Qatar's

baselines as a blue dotted line. Map 15 in Volume 7 shows the two

equidistance lines in the southern sector: the equidistance line using

Bahrain's archipelagic baselines is shown as a red solid line, and the

equidistance line using Bahrain's normal baselinesis shown as a blue

dotted line.

693. As in the case of Bahrain's principal claim, the southernmost

point of the maritime boundary cannot be definedprecisely at this time.

For this reason, the median lines on Maps 13, 14and 15terminate south

of Janan in an arrow indicating a directional bearing, rather than in a

precisepoint.

694. After the median line has been determined, the Court has to

consider whether any particular aspect of the delimitation requires the

adjustment or shifting of the median line in order to arrive at an

equitable resultAs Bahrainhas pointed out (see paragraphs 690to 694),

where the delimitation is between opposite coasts (as is the entire

delimitation in the context of Bahrain's alternative claim), the median

line enjoys a presurnption of equity; and in the circumstances of the

present case no adjustment or shifting is called for. The median line

deterrnined by the Court should, throughout this sector, be regarded as

definitive.(ii) The northern sector

695. The single maritime boundary requested by Bahrain in the

northern sector, in the contextof Bahrain'salternative claim,is identical

to the single maritime boundary requested by Bahrain in the northern
sector in the context of Bahrain'sprincipal claim (see paragraphs649 to

655). This boundary is shown on Map 10 in Volume 7 for illustrative

purposes. 301

SUBMTSSIONS

In view ofthe factsand argumentssetforthin this Mernorial;

May ir please the Court, rejecting dl contraryclaims and subrnissions,
to adjudgeand declarethat:

2. Bahrain is sovereign over the Hawar IsIands, including

Jananand HaddJanan.

3. In view of Bahrain'ssovereignty overal1the insular and

other feahres, including Fasht ad Dibal and Qit'at

Jaradah, comprising the Bahraini archipelago, the

maritime boundary between Bahrain and Qatar is as

describedin ParTwo of this Mernorial.

Bahrainreservesthe righttosupplementor modi& the preceding
submissions.

(Sig&)

JawadSaIim Al Arayed

Ministerof StateandAgent ofthe Stateof Bahrain APPENDICES

1. LISTOF PEOPLEREFERRE DO INMEMORIA (with reference

to paragraphsnwhichthey are mentioned)

1 Bahrain

(II) Qatar

3. BFUTIS POLITICA LESIDENTAND AGENT INTHE GULFOF
ARABIA

(1) Political Residents,Bushire 1822-1960

(II) Political Agents, Bahrain1900-1960

(III) PoliticalAgentslOfficersQatar1949-1960

(1) Ottoman Empire

British Empireadministrationin BahraidQatar
(11)
Peninsulauntilindependenceof India, 1947

(III)BritishEmpire administrationin BahrainiQatar
Peninsula after indepenofIndia, 1947

5. CHRONOLO GYTHEBNTISH 1938-1939ADJUDICATION

6. LISOF HISTORIC AAPSINTHE MEMOTUAL1. LIST OF PEOPLE REFERRE TDO INMEMORIAL
(withreferences toparagraphsin which theyare mentioned)

Ahmad, Sharafbin. (paragraphs434,435)
Qadi(seniorreligiousjudge) of ShariaCourt in Muhmaq.

Andrew, R.M. (paragraph316)
BritishPoliticalAgent,Bahrai(1950-1952).

Ballantyne, H.K.(paragraphs101,228,239,3 12,642)
London Solicitorto BAPCOandto the Ruler ofBhain. Wasappointed
asthe Ruler's London legalrepresentatin May 1949.

Beaumont, Richard. Cparagraph332, 501,502)
BritishForeignOffice Official,London(early 1960s).

Belgrave, Sir Charles Dalrymple(paragraphs 87, 101, 228, 277, 282,
283, 287, 293, 296, 312, 316, 317, 393, 439, 457, 458, 459, 466, 472,
473,479,481,483, 573,579, 581, 583,584,586,642,661)
Adviserto the Governent ofBahrain(frorn 1927to 1957).

Bhandarker,Dr(paragraphs643,645)

MedicalOfficer,Bahrainhospitalboats.

Bevin,Emest (paragraphs313,314)
BritishSecretaryof Statefor ForeignAffairs(1945-1951).

Black, S.Siparagraph245)
BAPCOChiefLocalRepresentative,Bahrain(1938-1939).

Brown, R.M. (paragraphs129,492)

BAPCO ChiefLocalRepresentative,Bahrain(late 1940s).

Bmcks, CaptainGeorge(paragraphs116,117,120,415,416)
Captainin Britain'sIndianNavy.Responsiblefor the first ArabianCoast
Survey (1821-1829)which included the Hawar Islands (then known as
Warden'sIslands).

Burrows, SirBernard(paragraphs322,323,324,327,334)
SeniorForeign OfficeCivil Servant (1949-). Political Resident,Bahrain
(1953-1958).

Caroe, SirOlaf (paragraphs252,294)
Government of India Official (up to 1936). Acting British Political

Resident,Bushire(Aug.-Nov.1937).

Carson,E. (paragraph642)
LawOfficer to theCrown (1905).Clauson, M.J. (paragraph661)
India OfficeCivilServant, London (mid 1930s).

Cox, Sir Percy (paragraphs27, 192, 193, 215, 222,232, 410, 413, 424,
426,427,436,642)
British Political Resident, Bushire(1904-1914).

Daly, Major Clive(paragraphs53,368)

British Political Agent, Bahrainan.1921-Sept.1926).

Dickson, Major Harold(paragraph225)
British Politicalent, Bahrain(Nov.1919-Nov.1920).

Dosari, Salmanbin Isaal Cparagraphs67,405,443,454,482)
Formerinhabitant of HawarIslands.

Dosari, Nasr bin MakkiAli al (paragraphs67, 351, 405, 440,442, 444,
449,456,471,487, 646)
Former inhabitantof HawarIslands.

Dosari, Hamoud bin Muhanna bin Harnad al Dosari (paragraphs 67,
351,444,485,646)

FormerinhabitantofHawarislands

Fowle, Sir Trenchard (paragraphs86, 87, 94, 96, 229, 241, 242, 245,
255, 256, 261, 262, 263, 269, 270, 272, 273, 274, 275, 276, 280, 286,
287, 290, 297, 299, 301, 354, 356, 357, 373, 381, 383, 385, 387, 389,
391,392,401,403,473,549,551,552,572)

British PoliticalResident,Bushire(1936to 1940).

Galloway, Lieutenant-Colonel Arnold (paragraphs 89, 98, 300, 305,
309,310)
BritishPoliticalAgent,Bahrain(1945-1947).

Gaskin, J.C.baragraphs 27, 152,154)

Political Assistant of the Bushire Residency, based in Bahrain
(1900-1914). Mr.Gaskinwas the firstBritish official to be permanently
basedin Bahrain.

Gault,CharlesA.(paragraphs324, 325,326)
PoliticalAgent,Bahrain (1954-1959).

Ghattam,Ibrahim bin Salman Ali (paragraphs 52, 67, 347, 405, 440,
442,445,448,454,462,472,475)
Formerinhabitantof HawarIslands.

Grant,MajorCharles (paragraphs77,82,206)
AssistantPolitical Resident,Bahrain(1873).Hasen, Abdullabin
British'NewsAgent'Dohah(1937).

Haworth,Lt. Col.L.B.(paragraph235)
British Political Resident,Bushire(Jan. 1927-Nov.1928).

Hay, Lieutenant-Colonel Rupert (paragraphs305, 309, 314, 315, 216,

318,368, 661)
British Political Resident,Bahrain (1946-1953).

Hickinbotham, Major T. (paragraphs85, 87, 95,96, 97, 252, 255, 256,
258, 259, 269, 270, 277, 278, 281, 285, 287, 289, 292, 293, 294, 299,
300,301,304,305,306,307,308,309,312,472)
British PoliticalAgent,Bahrain(1937-1944).

Holmes, MajorFrank
Oil Concession entrepreneurin the MiddleEast hm early 1920s.Acted
for Easternand General Syndicateand later for Petroleurn Concessions
Limited as negotiatorforBahrain Additional Area, 1938.

Izzet, (paragraphs21, 162,163,425)

Captainin the Imperia1OttomanArmy(Circa 1878).

Jabur,Nasserbin
Tribal Leader ofNaim atZubarah (1930s).

Kemball, Colonel(paragraphs117, 132, 153, 155,183)
BritishPoliticalResident,Bushire (1898-1904).

Keyes, CaptainTerenceH.K.lparagraph2 15)
British PoliticalAgent,Bahrain(1914-1916).

Al-Khalifa family,Ruling family of Bahrain. See Appendix 20) for a
listof the Rulorsof Bahrain.

Knox,S.G.(paragraphs53,222,436)
British Political Resident, Bushire (Mar. 1914-Nov. 1914). Jan.

1915-Apr.1915(on specialduty).Apr. 1923-0ct. 1923(Acting).

Laver, W.S. (paragraphs316,317)
PoliticalAgent, Bahrain(1952-1953).

Little,J. (paragraphs321,493,642)
PoliticalAgent, Bahrain(1953-1954).

Loch, Lieutenant-ColonelGordon (paragraphs 94, 241,254, 255, 260,
261,262,267,373,479)
PoliticalAgent,Bahrain(1932-1932).Longrigg, S.H.(paragraph75)
Anglo-PersianOil Company/PCLRepresentativefrom 1930s.

Lorimer,J.G. (paragraphs25,27, 58, 75, 84,93,96, 100, 119,120, 125,
126, 128, 131, 132, 141, 170,207, 208, 210, 299, 417, 422, 423, 437,
639,640,643,661,680)
India Civil Service, early 1900s. British Political Resident, Bushire

(Dec. 1913-Feb.1914).

Man,Morgan (paragraphs328, 329,330, 501)
British Political Resident,Bahrain(1959-961).

Mana, Salehal. (paragraph388)
Secretaryto the Rulerof Qatar(1930s).

Middleton, Sir George(paragraph 331)
BritishPoliticalResident,Bahrain(1958-1961).

Moberly, John C.(paragraph330)
BritishPoliticalAgent,Doha(1958-1961).

Mohammed,Khalifabin (paragraphs456,472)

Head ofBahrainpolice(1940s).

Musallam, Jabor,
Pearl Merchant.

Naimi, Mohammed bin MohammedAl. (paragraphs96, 257, 266, 277,
284,289,290,3 16)

Former inhabitant ofZubarah.

Naimi, Saleh bin MuharnmedAli Al - (paragraphs92, 256, 257, 266,
277,283,289,290)-
Former inhabitantof Zubarah.

Packer, E. (paragraphs439,458,469)
Manager and Senior Local Representative of Petroleum Concessions

Limited(1935-1947).

Pelly, Lieutenant ColonelLewis(paragraphs 124to 129, 139,222)
BritishPolitical Resident, Bushire1867-9).

Pelly, C.J.(paragraphs99,3 11,3 14,316,569)

British Political Agent,Bahrain(1947-1950). The architect of the 1950
"verbalagreement"overZubarah.

Pelly,J.H. Captain(paragraphs179 - 181,225)
CommanderandSeniorNaval Off~cer,Gulf(1890s)Prideaux, F.B. Captain(paragraphs27, 82, 84, 410, 413, 424, 426, 427,
43O)
British PoliticalAgent,Bahrain (1904-1909)and later PoliticaiResident
(1924-1927).

Prior, SirGeoffiey(paragraphs232,290,307, 552)

British PoliticalAgent, Bahrain1929-1932).British Political Resident,
Bushire (1941-1945).

Ross, Lieutenant-ColonelEdward C. (paragraphs80, 81, 133, 139, 146,
159, 160, 161, 170, 174, 176, 178, 196,198, 200, 201, 202, 203, 204,
205,211)
BritishPoliticalResident,Bushire (1872-1891).

Saud,AbdulAzizIbnbaragraphs 63,225,230,232,297)
FirstRuler ofthe modernKingdomof SaudiArabia.

Skinner, E.A. (paragraph239)
BAPCOChiefLocalRepresentative(1930s).

Skliros,J. karagraph 376)

PCLLondonExecutive(1936onward).

Smith,Captain
2nd AssistanttoPoliticalResident(1869).

Starling,F.C.
PetroleumDepartment,Whitehall(1933).

Steineke,Max(paragraph492)

Aramcogeologist,

Talbot,Lieutenant-ColonelAdelbertC. Cparagraphs147,163,209)
BritishPoliticalResident,Bushire(1891-1893).

Tomlinson, B.L.
AssistantBritishPoliticalAgent,Bahrain(1937).

Tripp, J. Peter
BritishPoliticalgent, Bahrain(1965).

Trevor, Lt. Col.A.P.(paragraph225)
British Political Resident, Bushirev. 1919-Oct.1920)and fomerly
British PoliticalAgent,BahrainWov 1912-May1914).

Wakefield, E.B.(paragraphs290,293)
British PoliticalAgent,Bahrain(Jan. 1942-0ct. 1943).

Wall (paragraph320)
ActingBritishPolitical Agent,Bahrain(1954).Walton, J.C. (paragraphs250,376)
India Office,Civil Servant(1936-1.

Weightman, Sir Hugh (paragraphs245, 254, 303, 354, 356, 372, 378,
379, 383, 384, 385, 387, 389, 390, 391, 392, 393, 395, 400, 413, 432,
440, 441, 444, 445, 447, 452, 455, 457, 459,460, 468, 469, 472, 474,

477,481,547,548,552)
BritishPoIiticalAgent (1937-1940).

Williamson,Haji Abdullah(paragraph233)
Anglo-PersianRepresentativein Persian Gulf.

Wilson, Lt.Col.F.A.(paragraph78)

BritishPoliticalResident,Bushire (Oct. 1920-Apr.1924).

Wilson,Col.F.S. (paragraphs179, 180,212)
BritishPolitical Resident, Bushire(Jan. 1894-Jun.1897).

Wiltshire,Edward P. (paragraph333)

BritishPoliticalAgent, Bahrain(1959-1961).(1) RULER SF BAHRAIN

H.H.SheikhAhmed Al-FatihAl Khalifa

H.H.SheikhAbdullah bin AhmedAl ~halifa'

H.H. SheikhSalmanbin AhmedAl Khalifa

H.H. SheikhKhaIifabin Sdman Al Khalifa

H.H. SheikhMohammedbin KhalifaAl Khalifa

H.H. SheikhAli bin KhalifaAl-Khalifa

H.H. SheikhMohammedbin AbdullahAl Khlifa

H.H. SheikhIsa binAli Al-Khalifa

W.H. SheikhHamadbin AliAl-Khalifa

H.H. SheikhSalmanbin Hamad Al-Khalifa

H.H. SheikhIsabin SaimanAl-Khalifa

1
SheikhsAbdullahand Salmanruled jofromytheir father'sdeath in 1796.
When Sheikh Salrnandied, his son, Sheikh Khalifasucceededas joint mler.
On SheikhKhalifa'sdeath in 1834,SheikhAbdullahcontruleassole
mleruntil 1843.{II) CHIEF S FDOHA /RULER OSF QATAR

SheikhMohammedbin Thani(Chiefof BiddaDoha) -1876~

Sheikh Jasimbin MohammedAl Thani(Chiefof Doha) 1876-1913

SheikhAbdullahbin lasim AIThani (Chiefof DohaJRulerof ~atar~ ) 1913-1948

SheikhAli binAbdullahAlThani 1948-1960

SheikhAhmedbin AIiAl-Thani 1960-1972

SheikhKhalifabin Harnad Al-Thani 1972-1995

SheikhHamad bin KhalifaAl-Thani 1995-

2 Sheikh Mohammedbin Thaniremainedthe nominal Chiefof Dohauntil 1876
when he retired fiom public life. He died in 1878. His son, Sheikh Jasirn,
became dfactoChief of Doha following the establishment of the Ottoman
garrison inDoha1871and formallysucceededin 1876.

3
ln 1916, Britain signed a treaty wichthe Chief of Doha, caIling him the
"ShedcofQatar". (See Section2.IOstatpara. 215)3. BRITISH POLITICA RESIDENT SND AGENTS INTHE ARABIAN
GULF

Cpt.John MacLeod Dec. 1822-Sept18234
Cpt.Henry Hardy Oct. 1823-Dec.1823

Col.Ephraim GerrishStannus Dec. 1823-Jan.1827
Cpt.David Wilson Jan.1827-Mar1831
Dr.John MacNeil Dec. 1830-Dec. 1831
Lt, SamuelHennell Mar. 1831-Jan. 1832(ilc)
DavidAnderson Blane Jan. 1832-June1834

Lt. SamuelHennell June 1834-c.July 1835(acting)
SurgeonThomas Mackenzie c. July 1835-
Major James Morison Oct. 1835-0ct. 1837
SurgeonThomasMackenzie Oct. 1837-Apr.1838(iic)
Lt. Samuel Hennell [May] 1838-Mar. 1852

Col.HenryDundas Robertson Jan. 1842-Apr.1843(officiating)
Lt.Arnold BurrowesKemball Apr. 1843-Dec. 1843(offg)
Cpt. Arnold BurrowesKemball Mar. 1852-July1855
Mar. 1852-July 1855
Cpt.James FelixJones Oct. 1855-Apr. 1962(offgto July 1856)
Cpt. Herbert Frederick Disbrowe Apr. 1862-Nov.1862(offg)

Lt.-Col.LewisPelly NOV.1862-Ott. 1872
(actingto Mar. 1863;offtoApr. 1864)
Lt.-Col.EdwardCharles Ross Oct. 1872-Mar. 1891(actinguntil 1877)
Et.-Col.WilliamFrancis Prideaux May 1876-1877 (acting)
Lt.-Col. SamuelBarrettMiles 1885-0ct. 1886(acting)

Lt.-Col.Adelbert Cecil Talbot 1891-May1893(offgto Sept 1 891)
Cpt. StuartHill Godfrey May 1893-June 1893(i/c)
Maj.James Bayes Sadler June 1893-July 1893 (acting)
JamesAdair Crawford July 1893-Dec.1893(i/c)
Maj .JamesHayes Sadler Dec. 1893-Jan.1894 (acting)

Col.Frederick AlexanderWiIson Jan.1894-June 1897
Lt.-Col.MalcolmJohn Meade June 1897-Apr.1900(offgto Mar. 1898)
Lt.-Col.CharlesArnold Kemball Apr. 1900-Apr. 1904(acting)
Maj .PercyZachariahCox Apr. 1904-Dec.1913(offgto Oct. 1905);
substantive,tempto May 1909)

Maj.Arthur PrescottTrevor Aug. 1909-Mar.1910(i/c)
John Gordon Lorimer Dec. 1913-Feb. 1914
Cpt.Richard LockingtonBirdwood Feb. 1914-Mar. 1914(i/c)

4 Appointmentnot takenupandsubsequentlycancelled.Maj. Stuart:GeorgeKnox Mar. 1914-Nov. 1914(i/c)
Maj.PercyZachariahCox Nov. 1914-0ct. 1920'
Maj. StuartGeorgeKnox Jan. 1915-Apr.1915

(officer on speciaduty)
Maj .ArthurPrescottTrevor Apr. 1915-Nov. 1917 (DepiityPR)
John HugoHepburnBill Dec. 1917-Sept1919(DeputyPR)
Maj.Cecil HamiltonGabriel Sept 1919-Nov. 1919(DeputyPR)
Lt.-Col.Arthur Prescott Trevor Nov. 1919-0ct. 1920(Deputy PR)

Lt.-Col. SirArnold TalbotWilson Oct. 1920-Nov.1920(offg)
Lt.-Col.Arthur PrescottTrevor Nov. 1920-Apr. 1924
Lt.-Col. Stuart GeorgeKnox Apr. 1923-0ct. 1923(acting)
Lt.-Col.Francis BevillePrideaux Apr. 1924-Jan. 1927

Lt.-Col.ChariesGilbertCrosthwaite June 1925-Oct.1925(acting)
Lt.-Col. SirLionelBerkeleyHaworth Jan. 1927-NOV1 .928
Sir Frederick WilliamJohnston Nov. 1928-Apr.1929
Lt.-Col.Cyril CharlesJohnsonBarrett Apr.1929-Nov.1929

Lt.-Col.HughVincentBiscoe Nov. 1929-Juiy1932
Lt.-Col.TrenchardCravenFowle May 1931-0ct. 1931(acting)
Lt.-Col.TrenchardCravenFowle July 1932-Aug.1939
(actingto Sept 1932)

Lt.-Col.PercyGordonLoch Apr. 1933-May 1933
July 1933-Oct.1933
July1934-Oct.1934
July 1935-Oct.1935

July 1936-Oct.1936(acting)
Olaf KirkpatrickCaroe Aug. 1937-Nov.1937(acting)
Hugh Weightman Aug. 1938-Sept1938(acting)
Lt.-Col. CharlesGeoffieyPrior Sept 1939-May 1946

Lt.-Col.WilliamRupertHay Oct. 1941-Sept 1942(offg)
LI.-Col.Arnold CrawshawGalioway May 1945-Nov.1945
Lt.-Col.WilliamRupertHay May 1946-1953

5
Cox was titularuntiOctober1920althoughabsentin Baghdad. His duties
wereperformed in his absence by an "OfonSpecial Duty"whose title
was laterchanged to "Deputy PR. On Cox's appointmenas Chargé
d'Affaires athran in Mach 1918, A.T. Wilson took oveasabsentee
Residentin Baghdaduntil October 1920.John Calcott Gaskin Feb. 1900-0ct. 1904
(PoliticalAssistanti/c)
Cpt. Francis Beville Prideaux Qct. 1904-May1909
Cpt. CharlesFraserMackenzie May 1909-Nov.1920
Ma.. StuartGeorge Knox Nov. 1910-Apr.1911

Cpt.David LockhartRobertsonLorimer Apr. 1911-Nov.1912
Maj .ArthurPrescottTrevor Nov. 1912-May 1914
Cpt.TerenceHumphreyKeyes May 1914-Mar. 1916
Maj. Hugh Stewart Mar. 1916-May 1916
J.M.Da Costa May 1916-June1916
(Head Clerkin charge)

Cpt.TrenchardCraven Fowle July 1916-Nov.1916(acting)
Cpt. PercyGordonLoch Nov. 1916-Feb.1918
GeorgeAlexanderMungavin Mar. 1918-Dec. 1918
Cpt.NormanNapierEvelynBray Dec. 1918-June1919
Saiyid SiddiqHasan June 1919-Nov.191 9
(IndianAssistantilc)

Maj.HaroldRichardPatrick Dickson NOV.1919-Nov. 1920
Saiyid SiddiqHasan Nov. 1920-Jan.1921[ilc)
MajorCliveKirkpatrickDaly Jan. 1921-Sept1926
Cpt.GeorgeLeslieMallam May 1925-Nov. 1925 (acting)
Maj.Cyril CharlesJohnsonBarrett Sept 1926-Apr.1929

Cpt. Reginald GeorgeEvelinAlban Apr. 1927-Nov.1927
Cpt. CharlesGeoffreyPrior Apr. 1929-Nov.1932
Lt.-Col.Percy Gordon Loch Nov. 1932-Apr.1937
KahnBahadurAbdulHaiyal-Hashimi Apr. 1933-May1933[offg)
Cpt. Everard HuddlestonGastrell JU~Y1933-Nov.1933(offg)
MeredithWorth July 1934-Oct.1934[offg)

Cpt. GeorgeAshrneadCole Mar. 1935-Oct.1935joffg)
Cpt.Tom Hickinbotham Apr.1937-Oct.1937
Hugh Weightman Oct. 1837-0ct. 1940
Cpt.John Baron Howes Aug. 193%Sept1 :938 (acting)
Maj .Reginald GeorgeEvelinAlban Oct. 1940-Jan.1942
EdwardBirkbeckWakefield Jan. 1942-0ct. 1943

Cpt. MichaelGreyDixon Aug. 1943-0ct. 1943 (acting)
Maj .Tom Hickinbotham Oct.1943-Mar.1945
CorneliusJames Pelly Mar. 1945-0ct. 1945
Lt.-Col.Arnold CrawshawGalloway Oct. 1945-Mar.1947
Cpt.Hugh DunstanRance July 1946-Nov. 1946(acting)

CorneliusJames Pelly Mar. 1947-1951
Cpt.Hu& DunstanRance July 1947-Aug.1947
GordonNoel Jackson Aug. 1947-Nov,1947
Lt.-Col.Arnold CrawshawGalloway June 1947-Qct.1947 (offg)BernardA.B.Burrows July1953-NO 1V.58
George H.Middleton NOV. 1958-1961
CharlesAlexanderGault Dec. 1954
EdwardParrWiltshire May 1959

ArthurJohn Wilton Aug. 1949
WilliamBannettJohnston April 1953
Derek CharlesCarden Mar. 1955
John SpenserDuncan Jan. 1958
John CampbellMoberly July1959 OttomanEmpire -Sultan

GrandVizierate -GrandVizier

Vilayet(region) -Beylerbyi(RegionalGovernor)

SanjaklSancak(province) -Sancakbeyi {ProvinciaGlovernor)

KitalKaza(district- Kadi(Magistrate)/KaimMakam(AssistantGovernor)

NahiyelNahilze(Sub-district)-NaiplMudir(11) BRITISH EMPIRE ADMINISTRATION IN BAHRAIN/QATAR

PEN~NSUL UNTILINDEPENDEN CEINDIA1,947

ForeignOffice(London)
L

lndia Office(London)

Governmentof lndia (Bombay)

PoliticalResident(PersianGulf)

PoliticalAgent (Bahrain)(111) BRITISH EMPIRE ADMINISTRATION XN BAHRAINIQATAR

PENINSUL AFTERINDEPENDENCE OF INDIA, 1947

Foreignand
Communwealth Office
(London)

SecretarofState for

CommonwealthAffairs (London)

PoliticalResident(PersianGulf)

PoliticalAgent (Bahr-iPoliticalAgent (Qatar)(from 1949)5. CHRONQLCJ OGFY HE BRITIS H938-1939ADJUDICATION

The Political Agent, the official charged with conducting the on-site

assessrnent for the British Government, invited Qatar and Babrain to

submit what he called "claim" and "counter-claim," respectively. Either

Party could have chosen to produce as elaborate pleadings as they

wisl-ied.The Parties choseto expresstheir legal arguments inthe formof

letters to the Political AgentThe expressions used by the Politicd

Agent to refer to these communications, adopted in this Memorial,

including the word "rejoinder" to describe the reply to Bahrain's

Counter-claim which the Ruler of Qatar successfulty insisted on

submitting, confirm theexplicit adjudicativenatureofthe proceedings,

27 May 1938 Qatar'sclairn6

30May 1938 The British Political Agent meets theer of Qatar

to discuss his clairn7

14August 1938 Qatar'sClaimis forwarded to~ahrain'

8November 1938 The Political Agent reminds Bahrain to submit its

~ounter-claim9

22 December 1938 Bahrain'scornter-claim"

6 QatarCIaim(inthefonnof two lettersfrom Rulerof Qatarto BritishPolitical
Agent,10 Mayand 27 May 1938), 10 May 1938,Ann. 256, Vol. 5, p. IO94
and27 May 1938,Ann.260, Vol. 5,p.1102.

7
Letterhm Hugh Weightrnan,British Political Agent, to Lt. Col. Fowle,
BritishPoliticalResideJune1938,Ann.262,Vol.5,p. 112.
8
Letter from Capt. Howes, Acting British Political Agent, to the Acting
Adviserto Govt. of Bahrain,14August1Ann.270,Vol. 5,p. 1125.

9 Letter fiorn Hugh Weightman,British PoliticalAgent, to tto theiser
Govt. of Bahrain, British Political Resident, 8 November 1938, Ann.272,
Vol.5, p. 1127.5 January 1939 Bahrain'sCounter-claimis fonvardedto ~atar"

30 March 1939 Qatar's~ejoinder'~

22 April 1939 The PoliticaIAgent cornmicates the record of the

proceedings and his analysis to the Politicai

~esident'~

29April 1939 The Political Resident forwards the Political

Agent's record and analysis to the British

Governmentin g on don'^

13 June 1939 The British Govemment decides in favour of

Bahrain's claim to sovereignty over the Hawar

Islands, subject to the assent of the British

Governmentof 1ndia15

1 July 1939 The British Govenunent of Zndia"concurs" in the

decisionof HisMajesty's~ovemment'~

l0
BahrainCounter-daim (inthe formofa letterfromCharlesBelgrave,Adviser
to the Govt. of Bahrain to Hugh Weighîman, British Political Agent),
22 December1938, Ann. 274, Vol. 5,p1129.

II Letter frorn Hugh Weightman, British PoliticalAgent,to Ruler of Qatar, 5
January 1939,Ann.276, Vol.5,p.1141.

l2
Qatar Rejoinder (in the form of a lemer kom Rulerof Qatar to Hugh
Weightman, British Political Agent), 30 March 1939, Ann.278, Vol. 5,
p. 1144.

l3 Weightman Report, Ann.281, Vol. 5,p. 1165.

l4 LetterfrornLt. Col.Fowle,BritishPoliticalResident,to Secretaryof State for

India,29 April1939,Ann.282,Vol.5, p. 1173.
l5
LetterfromForeignOffice (London) toIndiaOffice(London),13June 1939,
Ann.284(a),Vol. 5, p. 1176

l6 Letterhm Deputy Secretaryto the Govt.of lndia to Lt. Coi. Fowle, British
Political Agent,Lt. ColFowl1,July1939,Ann.286,Vol. 5,p. 1181.11 July 1939 Britain'sdecision is communicated tu Bahrain and

~atar'~

l7
Lerterfiom Lt. Col. Fowle, British Political ResitonRuler of Bahrain
and Rulerof Qatar, 11July 1939 Ann. 287, Vol. 5, p. 18and Ann. 288,
Vol. 5p.1183. 6. LISTOFHISTORIC ALAPSINTHE MEMORIAL

1. 1838 Extract from French map entitled Carte de la Turquie

d'asie. de la PedeeI'Af~hanistet de L'Arabie by

Colone1Lapie.

2. 1878 Extract fromOttomanmap entitled The Velavat:of Basra

by Captain Izzet of the Imperia1Armyof the Ottoman

Empire.

3. 1972 Extract from British map entitled H-6C. BahIrano

Qatar. Saudi Arabia'United Arab Emirates published by

the Directorof MilitarySurvey,Ministryof Defence.

4. 1991 Extract from National Geographic map entitled Middle

m.The Annexes tothe Stateof Bahrain'sMernorialare listed from 1to 352

seriatum. Thepages of the Annexesgofrom 1to 1530 seriatum.

ANNEXES1 TO 70

(ZUBARAHAND HISTORICALDOCUMENTS)

Annex PageNo.

No. Description

1. Preliminary Treaty between Britainand the Sheikhs of Bahrain, 1-2
5February 1820
(Aitchison's Treaties, Vol.XI,p. 233).

2. General Treaty with the Arab Tribes of the Persian Gulf, 3-8
23 February 1820(Aitchison's TreatieVol. XI,pp. 245-249).

3. Letter from Lt. Col. Hennell, British Political Resident, to 9-12
I.P.Willoughby, Secretary of the Govt. of Bombay,

11December 1838(Recordsof ~atar*Vol. 1,pp. 270-273).

4. Letter from Commodore Porter to Lt. Col. HennelI, British 13
Political Resident, 31July 1851(RecordofQatar,Vol. 7,p. 633).

5.
Extracts fiom FrancisWarden "Historical sketch of the Uttoobee14-77
Tribe of Arabs (1716-1853)" (Selections fiom Records of the
Bombay Go\%.,No XXIV, New Series, 1856, reproduced in
Recordsof ~ahrain*,Vol 1,pp. 19-83).

6. Extracts fiom Et. Kemball "Memoranda on the Resources, 78-91
Localities, and Relations of the Tribes Inhabiting the Arabian
Shores of the Persian Gulf' (Selections fi-orn Records of the
Bombay Govt., No XXIV, New Series, 1856, reproduced in
RecordsofQatar, Vol 1, pp. 87-100).

*
The 'Recordsof Bahrain'and 'Records of Qatar' consarchiv ald
documentarymaterialdrawnfrom British archives within the IndiaOffice
Recordsand the Public RecordsOfandpublishebyArchiveEditionin
1993and 1991respectively.Captain G. Brucks "MernoirDescriptive of the Navigation of the

Gulf of Persia, 1821-29" (Selection from Records of theBombay
Govt., NoXXIV, New Series 1856, reproduced in Records of
Bahrain,Vol 1,pp. 105-121).

Tem~s of Friendly Convention between Ruler of Bahrain and
British Govt.,31May 1861

(Aitchison's Treaties,Vol.XIpp. 234-236).

Letter from Capt. Jones, British Political Resident, to
RuIerof Wahabees,8 February 1862.

Letter fiom Lt. Col. Pelly, British Political Resident, to
HAnderson,ChiefSecretaryof Govt. of Bombay, 13April 1863.

Capt. Constable and Lt. Stiffe "The Persian Gulf Pilot"
(Admiralty HydrographieOffice, 1864,reproduced in Records of
Qatar,Vol.2 pp. 7-45).

Agreement of Chief of El-Kutr (Gutter) engaging not to commit
any breach of the maritime peace, 12September 1868,
(Aitchison's Treaties,Vol.I,pp. 183-184).

Agreement between Chiefs residing in the province of Qatar and
ChiefofBahrain,13September1868
(Aitchison's Treaties,Vol.,p. 193).

Agreement of the Aboo Dhebbee Chiefengaging not to commit
anybreach of the Maritime Peace, 16 September 1868(Aitchison's

Treaties,Vol XI,pp. 254-255)

Letter from Mohammed Bin Thani, Chief of Doha to Ruler of
Bahrain, 10 March 1870(IORW15/2/29).

(a) Translation of extract from Officia1 Ottoman Gazette
"TakvimiVekayi", 8 June 1871.

(b) ExtractÇorn OfficialOttoman Gazette
"TakvimiVekayi"8 June 1871(OttomanArchives)

Precis of conversation between Maj. Grant, British Political
Resident, and Ruler of Bahrain, 16August1873
(Recordsof Qatar,Vol 2; p. 519).

Precis of news received from Bahrain Agent in August 1873
(IORPf770).

Translated purport of Ruler of Bahrain's Statement,
2 September1873(Recordsof Qatar,Vol 2, p523).LetterfromLt. Col. Ross,BritishPoliticalResident,to Secretaryta
Govt.of Tndia,4 September 1873
Recordsof Qatar,Vol. 2,p.517).

LetterfromLt. Col. Ross,BritishPoliticalResident,to Secretaryto
Govt.of India, 12September1874(L/P&S/9/25).

Letter from Col. Pelly to Secretary to Govt. of India,
27 October1873(Recordsof Qatar,Vol2,p. 522).

Letter from News Agent to Lt. Col. Ross, British Political
Resident,28 October1874.

LetterfromLt. Col.Ross,BritishPoliticalResident,to Secretaryto

Govt.ofIndia, 10 November 1874
(Records of Qatar,Vol 2,pp. 556-557).

(a) LetterfromOfficiatingUnderSecretarytoGovt.of India,to
Lt.ColRoss,British Political Resident,10December1874.

(b) Transcript of letter fiom Officiating Under Secretary to
Govt. of India, to British PoliticaI Resident,
10 December1874.

Letter from Ruler of Bahrain to Lt. Col. Ross, British Political
Resident,1 7 December1874.

Letter from Lt. Fraser, Officiating2nd Assistant Resident, to Lt.
Col.Ross,BritishPolitical Resident,18December 1874.

Translatedpurport of a letter fiom News Agent toLt. Col. Ross,
BritishPolitical Resident,February 1875 (IOR Pl775).

Letter from Ruler of Bahrain to Lt. Col. Ross, British Political

Resident,4 March 1875.

Letter from Ruler of Bahrain to Lt. Col.Ross, British Political
Resident,7 Mach 1875.

Letterfrom Secretarytothe Govt. of India to Lt. Col. Ross, British
Political Resident,10May 1875.

Letter fiom Col. Ross, British Political Resident, to Ruler of
Bahrain,31May 1875.

Letter from Ruler of Bahrain to Lt. Col.Ross, British Political
Resident, 14June 1875.

Letter from Sheikh Ahmed bin Ali Al Khalifah to Lt. Col. Ross,
BritishPolitical Resident,2 June 1875(IORPl776).Letter from Capt. Prideaux, British PoliticalResident,to Secretary

to Govt.of India,7 October1876.

Letter from Maj. Grant, British Political Resident, to Ruler of
Bahrain, 17 September1877(IOR Pl1036).

Govt. of India Foreign Dept.MemorandumNo. 127,22May 1879
(RecordsofQatar,Vol.3, pp. 31-38).

Agreement signed by the Chief of Bahrain, 22December 1880
(Aitchison'sTreaties,Vol.XI, p.237).

Letter from Sheikh Jasim bin Thani, Chief of Doha Town, tu Lt.
Col.Ross, BritishPoliticalResident,9March 1881.

Modern translation of a report from Council of State
(a) Departmentof InternaiAffairs, 18January 1887.

{b) Report from Ottoman Council of State Department of
Interna1Affairs, 18January 1887(OttomanArchives).

Telegramfiom Lt. Col. Ross,BritishPoliticalResident,to Foreign
Dept.,Govt.of India, 12March 1888(IORPl3276).

Correspondencebetween Col.Ross, British Political Resident,and

Secretaryto Govt. ofIndia, 17March1888(IORP/3276).

(a) Modern translation ofOttoman Arabic letter from the Vali
ofBasratoHead Clerkof the Padishah,12April 1888.

(b) Ottoman Arabicletterfromthe Vali of Basrato Head Clerk
ofthe Padishah, 12April 1888(OttomanArchives).

Letter from British Political Agent, to Lt. Col. Ross,
BritishPolitical Resident,7June 1888(IORP/3276).

(a) Modem translation of Ottoman Arabic report from
Governor of of Nejd to Minister of Interior, including
recommendationsfor refoms inNejd, 9 October1889.

(b) Ottoman Arabic report from Governor of of Nejd to
Minister of Interior,includingrecommendationsfor reforms
inNejd, 9 October1889(OttomanArchives).

(a) Modern translation of Ottoman Arabic Cabinet Minutes,
27 November1889.

(b) Ottoman Arabic Cabinet Minutes, 27November 1889
(OttomanArchives).Letter from Ruler of Bahrain to Cal. Ross, British Political
Resident,1 1February 1891.

(a) Modern translationof Report fiom the Office of Assistant
to the Govemor ofKatar, 7Novernber 1891.

Report from the Office Assistantto the Governorof Katar,
(b
7 November 189 1(OttomanArchives).

(a) Modem translation of Ottoman Report from the office of
the ChiefSecretary,YildizPalace 1891-2.

(b) Ottoman Report from the office of the Chief Secretary,
YildizPalace 1891-2(OttomanArchives).

Exclusive Agreement of the Chief of Abu Dhabi with the British
Government, 6March 1892 (Aitchison's Treaties, Vol XI,
pp.256-7).

Letter fiom Lt. Col. Talbot, British PoliticalResidtotSecretary

to Govt.ofIndia, 7May 1893(IORIP&S/7/70).

(a) Modem translation of Ottoman Report on Katar,
Septernber1893.

(b) Ottoman Report on Katar, September 1893
(OttomanArchives).

Letter from Lt. Fraser, Acting 2nd Assistant Resident to Lt.
Col.Ross, British Politicalsident,8 March 1895.

Letter fiom Col. Wilson to Chief of Doha, 22 April 1895
(Recordsof Qatar,Vol3,p. 583).

Letter from Col. Wilson to Chief of Ali bin Ali,22 April 1895,

(Records of Qatar,Vol 3,p.584).

LetterfiomCol. Wilson, British Political ResidenttoSecretary to
Govt of India,24 May 1895(TORRI1 5/1/314).

Memo fiom Col. Wilson, British Political Resident, 5 July 1895

(IOR W15/1/314).

Copyof the letter from Capt. Pelly,Commanderand SeniorNaval
Officer, to Col. Wilson, British Political Resident9 July 1895
(IORR/15/1/314).

Letter hm Capt. Pelly, Commanderand SeniorNaval Officer, to

MahamedEffendi atZubarah,23 July 1895
(IORRI1 5/1/314).Letter from Capt. Pelly, Commanderand Senior Naval Officer, to 266
Col. Wilson, British Political Resident, 7 September 1895
(IORR/15/1/314).

Letter from Capt. Pelly,Commanderand Senior Naval Officer,to 267
Chief ofDoha, 7 September1895
(Recordsof Qatar,Vol. 3,p. 619).

Letter fiom Col. Wilson,British Political Resident,to Secretor268
Govt.ofIndia, 13September 1895(IORRI15/1/314).

(a) Modern translationof Ottoman Arabic Reporton Zubarah 269
Affair,3 May 1897.

Ottoman Arabic Report on Zubarah Affair, 3 May 1897 270-272
(b)
(OttomanArchives).

(a) Translationf Ottoman "Report on Bahrein" fiom Council 273-274
Chamber,22 April 1900.

(b) Ottoman "Report on Bahrein" from Council Chamber, 275-276
22April 1900(OttomanArchives)

(a) Modern translation of mernorandurn from Ottoman Chief 277

Clerk'sOffice30 March1902.

{b) Memorandum hm Ottoman Chief Clerk's Ofice, 278
30March 1902(Ottoman Archives)

(a) Modem translation of Ietter hm Ottoman Minister of 279
Interiorto GrandVezir,6 April 1902.

(b) Letter from Ottoman Miriister of InteriorGrand Vezix, 280
6 April 1902(OttomanArchives).

Letterfiom Lt.Col. Kemball,British Political Resident,to Govt.of 281
India,23 March1903(FOL/P&S/l9).

Modern translationf OttomanArabicletter fiom Mudur of 282
(a)
Udaidto GrandVezir, 1April 1903.

(b) Ottoman Arabic letter from Mudur of Udaid to Grand 283
Vezir,1April 1903(OttomanArchives).

Letterfrom SirN O'Conorto theMarquess of Landsdowne,British 284
ForeignSecretary,13June 1903( IORL/P + Si19).

Extracts from JA Saldana's "Precis of Katar Affairs" 285-354
(Simla 1904,pp. 1-66). ANNEXES71 TO 134
(ZUBARAHANDHISTORICALDOCUMENTS)

Annex Description Page No.
No.

71. Letter fiom Capt. Prideaux to Maj. Cox, Officiating British 355-363
Political Resident, 16 July 1905, attached to a despatch from
Maj.Coxto Sec.to Govt.ofIndia(IORR/15/2/26).

72. (a) Modem translation of Ottoman Arabic report by Governor 364
of Akka,24 December 1907.

(b) OttomanArabicreportby Governorof Akka, 365-367

4 December1907(OttomanArchives).

73. (a) Modem translation of Ottoman Arabic telegram sent by 368-369
MuharramPasha,Vali of Basra, 5December1908.

(b) OttomanArabic telegrarn sentby MuharramPasha, Valiof 370
Basra,5Decernber1908(OttomanArchives).

74. Extracts from Lorimer "Gazetteerof the Persian Gulf, Oman, and 371-400
Central Arabia", VolII (19081,(pp.233-236, 249-25 1,389-404,
1301-1306,1952,1512-1513,1516).

75. (a) Modern translation of original Ottoman Arabic report 401-403
expressing the opinion of the Foreign Minister that the
places situated on the Nejd Coast belong to Ottoman

Lands,27 January 1909.

(b) Ottoman Arabic - report expressing the opinion of the 404-408
ForeignMinister thatthe placessituated otheNejd Coast
belong to OttomanLands, 27January 1909
Ottoman Archives).

76. (a) Modemtranslation of OttomanArabic reportfiom Province 409
of Basrato Ministryof Interior,25 September1909.

(b) Ottoman Arabic -report from Province of Basra to the 410
Ministry of Interio25 September1909
(OttomanArchives).

77. Report of the Standing Sub-Cornittee of the Cornmittee of 411-412
Imperia1Defence, 14July 1911.Drafi memorandurn to Turkish Arnbassador, JuIy 1911 413-4 15
(FO371112341.

(a) Translation of letter from Ottoman Ministryof the Interior 416
to Basra ProvinceconcemingZubarah, 30Novernber 191 1.

(b) Ottoman Arabic letter f?om Ottoman Ministry of the 417-423
Interior to Basra Province conceming Zubarah,

30November 1911(OttomanArchives).

Note by Sir Percy Cox, BritishPoliticalResident, entitled "Shaikh 424
of Bahrain'sclaimto tributefi-omQatar"(IORR/15/2/30).

Convention between United Kingdom and Turkey regarding the 425-435
Persian Gulfandadjacentterilitories,29 July 1913.

Letter fiom Maj. Keyes, British Political Agent,to Lt. Col. Percy 436-438
Cox, British Political Resident, 23 August 191 5
(IOR W15/2130).

Extracts from Lorimer "Gazetteerof the Persian Gulf, Oman,and 439-511
Central Arabia" Vol 1 (9 15), @p.787-840, 906-913, 2220-2221,

2233-2234,2241-2242,2253,2258,2288-2289).

Treaty between the British Govt. and Ruler of Qatar, 5 12-5t6
3 November 1916(Aitchison'sTreaties,Vol.XI, pp.258-261).

Memorandum from India Office to Govt. of India, 517
16September 1919(L/P&S110/850).

Memo from Maj.Dickson, British Pokitical Agent, to British 518-521
DeputyPoliticalResident,6December 1919(IORL/P&S/10/850).

Memo ftom Maj.Dickson, British Political Agent, to British 522-524
DeputyPoliticalResident, 17January 1920
(IORL/P+S/10/850).

Letter Maj.Daly, British Political Agent,to Lt Col Knox, British 525-526
PoliticalResident, 17October 1923(R/15/1/338).

C.K.Daly'sAdministrationReport of the BahrainPolitical Agency 527-528
forthe year 1923(IORFU1 5/1/71314).

BahrainOilConcession 1925(RI15111649). 529-547

Letter from Ruler of Qatar to Mr Lees and Haji Williamson, 548
10March1926.

Letterfrom Lt,Col. Prideaux,British PoliticalResident, to Foreign 549
Secretaryofthe Govt.of India, 10 July 1926(IOR Rf15111626).Note by Maj. Barrett, British Political Agent, 1January 1927
(FU15121119).

Letter from British Political Resident in the Persian Gtofthe
Secretaryof Stateforthe Colonies, London, April1928.

Telegram fiom Secretary of State for India to Viceroy,

15August 1929.

Indenture between Ruler of Bahrain and E&G, by which the
Bahrain Concession was assigned to BAPCO, 12 June 1930
(IORFUI 5/1/650).

Letter from Capt.Prior, British Political Agent, to Lt.Col. Biscoe,
BritishPoliticalResident,2 Augus1930 (FO37111 4483).

Letterfrom Lt. Col. Biscoe, British Political Resident, to Foreign
Secretaryto Gavt.ofIndia, 18August 1930(FO 371/14483).

Memorandum by Lt. Col. Loch, British Political Agent,
13June 1933(IOR R/15/2/10123).

Mernorandun from Lt. Col. Loch, British Political Agent, ta

Lt. Col. Fowle, British Political Resident, 25 June 1933
(RI15111626).

A.F.Williamson's report entitled "Notes on Qatar",
14January1934(pp. 131-135).

Lease between Ruler of Bahrain and BAPCO,
29 December 1934(IOR RI1 5111661).

Letter fiom Lt. Col. Fowle, British Politicai Resident,to Rofer
Qatar, 11May1935.

Qataroilconcession, 17May 1935@ORR/15/1/633).

Map accompanyingQatarOil Agreement 1935 (IORFU1 5/1/631).

Political Agreement between His MajestyfsGovt. and the Anglo

PersianOilCompany,5 June 1935(IORFU15111633).

Letter from Lt. Col. Fowle, British Political Resident, toRuler of
Qatar,21 September1936.

Letter from K Skinner, BAPCO, to H Ballantyne, BAPCO
5December1936.

Note of Lt. Col. Loch, British Political Agent, 13 March 1937
(IORR15/2/202).Translationof letterfromRuler ofBahrainto Lt. Col.Loch, British

PoliticalAgent, 14March 1937(IORRI15I21202).

Memorandum of Lt. Col. Loch, British Political Agent,
16March 1937(IORRi15/2/202).

Telegram from Lt. Col. Fowle, British Political Resident to
Lt. Col. Loch, British Political Agent, 25 March 1937

(IORRI15/2/2021.

Telegram from Lt. Col. Loch, British Political AgenttoLt, Col.
Fowle, British Political Resident, 30March 1937
(IORRI15121202).

Note of BritishPoliticalAgent12 April 1937(IORR/15/2/202).

Letter from Ruler of Bahrain to British Political Agent,
14April 1937(IORW15/2/202).

Letter from Rashid bin MohomedAI Jabor, headman ofthe Naim,
to Ruler of Bahrain, 3 Safar 1356, (15 April 1937)
(IORRI15/2/202).

Translation of letter fiom Acting Superintendent of Land

Department,Bahrain,22 April 1937.

Request for registrationof property in Zubarah region in Bahraini
Land Registration Directorate,23 April 1937.

Telegrarn from British Political Agent to Lt. Col. Fowle, British
Politicalesident, 23 April 1937(RI1512/202).

Letter from Chief of Naim tribe to Ruler of Bahrain,
12Safar 1356(24April 1937).

Letter fiom Chief of Naim tribe to Ruler of Bahrain,
13Safar1356(25April 1937).

TelegramfromBritishPoliticalAgent,to British PoliticalResident,

26 April 1937(IORR/15/2/202).

Memorandum by Weightman, British Political Agent,
28April 1937(IORW15/2/202).

Telegramfrom Capt. Hickinbotham,British Political Agent, to Lt.
Col. Fowle, British Political Resident, 30April 1937

(IORR115/1/309).

Letter fiom Rder of Qatar to Rashid bin Mohomed Al Jabor,
April 1937(IORRf15/2/202).Letter from Capt. Hickinbotham, British PoliticaI Agent
(IOR W15/1/309), to Lt. Col. Fowle, British Political Resident,
enclosing report entitled"ZubarahIncident" (IORW15111309) and
memorandum entitled "Possible Basis for Compromise"
(IORR/15/2/202), 3May 1937.

Memorandum from Lt. Col. FowIe, British Political Resident, to
Secretaryof StateforIndia,5 May 1937(IORR/1512/202).

Noteby Capt. Hickinbotharn,29 May 1937(IORR/l5/1/369).

Letter from Ruler of Qatar to Lt. Col. Trenchard Fowle, British
Political Resident,9June 1937(IORW15111369).

(a) Letter fiom C. Belgrave, Adviser to Govt. of Bahrain, to
Capt.Hickinbotharn,BritishPoliticalAgent,20 June 1937.

(b) Transcript of letter from C. Belgrave, Adviser to Govt. of
Bahrain, tn Capt. Hickinbotharn, British Political Agent,

20 June 1937.

Report by Abdullah bin Hasan, Messenger of Rulerof Bahrain,
22 June 1937(IORR/15/2/203).

Telegram from Lt. Col. Fowle, British Political Resident, to
Secretaq of Statefor India,23June 1937 (IOR W15/1/370).

Telegram from Lt. Col. Fowle, British Political Resident, to
Secretaryof Statefor India,23 June 1937(IORW15/2/203).

ForeignOfficeMinutes entitled "Easternand SouthernFrontiers of
Arabia",25 June 1937(FO371130777XCl132657).

Letterfiom Representativesof Ruler of Bahrainto Representatives

ofRulerof Qatar,June 1937(R/15/1/370). ANNEXES 135 TO 234

(ZUBARAHAND HISTOIUCALDOCUMENTS)

Annex Description Page Na.
No.

135.
Letter fiom Ruler of Bahrain to Capt. Hickinbotharn, British 691 -692
Political Agent,1July 1937(TORlU1.5121203).

136. Note by Capt. Hickinbotham,British Political Agent, ofinterview 693-694
with C. Belgrave, Adviser to Govt. of Bahrain, 1July 1937
(IORR/15/2/203).

137. Telegram fiom Capt. Hickinbotham,British Political Agent,to Lt. 695

Col. Fowle, British Political Resident, 2 July 1937
(IOR RI15/1/370).

138. Telegram from Lt. Col. Fowle, British Political Resident, to India 696-697
Office, London,2 July 1937(IOR RI15/2/203).

139. Letter fiom C.Belgrave, to Capt. Hickinbotham, British Political 698

Agent,2 July 1937(IORR/15/1/370).

140. Telegram fi-ornLt. Col. Fowle, British Political Resident to 699-700
Secretaryof Statefor India,4 July 1937(IORW15/1/370).

141. Letter fromCapt.Hickinbotharn,BritishPoliticalAgent,to Lt.Col. 701-702
Fowle, British Political Resident,ly 1937(IORR/15/1/370).

142. Telegram from Capt.Hickinbotham, British Political Agent, to 703
Senior Naval Officer, Persian Gulf Division, 5 July 1937
(IOR RI1512/203).

143. (a) LetterfromRuIerof Bahrainto Capt.Hickinbotham,British 704-705
Political Agent, July 1937.

(b) Transcript of letter fiorn Riiler of Bahrain to Capt. 706
T. Hickinbotham, BritishPoIiticalAgent, 6July 1937.

144. Letter from Ruler of Bahrain to Câpt. Hickinbotham, British 707
PoliticalAgent,6 July 1937(RI15121203).

145. Letter from C.Belgrave, Adviser to Govt.of Bahrain, to British 708
PoliticalAgent,6 July 1937 (IORRi15121203).TelegrarnfrornGovt.ofIndia to Secretaryof Statefor India and Lt. 709
Col. Fowle, British Political Resident, 6July1937
(IORRI15/1/370).

Telegram from Lt. Col. Fowle, British Political Resident, to 710
Secretary of State for India and Govt. of India External Affairs

Department, 9 July 1937(IOR RI15121203).

Dr& Telegram under cover of Ietter fiom India Office to 711-713
T.V.Brenan,IOJuly 1937(FO371/20783XC/132657).

LetterfromRuler of Qatarto Capt.Hickinbotham, British Political 714-715
Agent, 11 July 1937(IOR RI1 5/2/203).

Statement by Shaikh Rashid bin Muharnmed, 13 July 1937 716-717

(10RRI15/1/370)

Letter frorn Capt. Hickinbotham,British Political Agent, to Ruler 718
of Qatar,14July 1937(IORRI15/2/203).

India OfficeMemorandum, 14 July 1937(FO371120783). 719-721

Letter from Rulerof Qatar, to O.KirkpatricCaroe,British Political 722-723

Resident,17July 1937(IORR/15/21203).

Telegram from Lt. Col. Fowle, British Political Resident, to 724
Secretaryof StateforIndia, 24 July 1937(IORRI15/2/204).

Letter from Capt.Hickinbotham, British Political Agent, to 725
Lt.Col.Fowle, British Political Resident, 30July1937

(IORRI15/2/204).

Letter fiom Lt. Col. Fowle, British Political Resident, to 726
Capt. Hickinbotham, British Political Agent, 12August 1937
(TORR/15/2/204).

Letter from S.H.Longrigg, PCL, to Wafton, India Office, 727-728
16August 1937.

Letter from C.Belgrave, Adviser to Govt. of Bahrain, to 729-730
Capt. Hickinbotham, British Political Agent, 19August 1937
(IOR RI15121204).

Letter fiom Capt. Hickinbotham, British Political Agent, to 73 1-732
Capt.Galloway, Secretary to British Political Resident,

16September1937(IORR/15/2/204).

Letter from Capt.Hickinbotham, British Political Agent, to 733-738
Lt. Col.Fowle, British Political Resident, 22 September 1937
(IORW15/2/437).Letter from J.S. Black,BAPCO, toH. Weightman,British Political

Agent, 8June 1938.

Letter from Rulerof Bahrain to Hugh Weightman,British Political
Agent, 26 April 1939.

India Office (PoliticalDepartment)minute byC.E.M. Hemingway
12 May 1939(IORL/P&S/12/3895).

Memorandum frorn Belgrave, Adviser to Govt. of Bahrain, to
Edward Wakefield, British Political Agent, 11 June 1942
(IORR/15/2/204).

Letter from Capt. Hickinbotham,British Political Agent, to Ruler
of Qatar,8Febnrary1944(IORRI15/2/2051.

Capt. Hickinbotham'sproposa1for the settlement of the Zubarah
dispute,February I944 (IORRI15/2/205).

(a) Agreement signed by Ruler of Qatar and Ruier of Bahrain
on 17June and 23June 1944 respectively
(IORRl15/2/205).

(b) Transcript of Agreement signedby Rulerof QatarandRuler
of Bahrain, 17$uneand23 June 1944.

Note of British Political Agent's meetingwith Ruler of Qatar,
18June 1944(IOM 15/2/205).

Letter frorn Maj. Hickinbotham, British Politicai Agent, to
Lt. Col.Prior, British Political Resident, 24June 1944

(IORR/15/2/205).

Letter fiom Ruler of Bahrain to Major Hickinbotham, British
PoliticalAgent, 14September1944.

(a) Translation of letter from Ruler of Bahrain to Major
Hickinbotham,BritishPoliticalAgent,3 October 1944.

(b) Transcript ofa translation of letter from Ruler of Bahrainto
Major Hickinbotham, British Political Agent,
3 October 1944.

(a) Letter from Maj. Hickinbotham, British PoliticalAgent to
Lt. Col.Prior, British Political Resident,4 October 1944.

(b) Transcriptletter fiom Maj. Hickinbotham, British Political
Agentto Lt. Col. Prior,British Political Resident,4 October
1944.(a) Letter fiom Maj. Hickinbotham, British Political Agent,to
Rulerof Bahraia, 1November 1944.

(b) Transcript of letter from Maj. Hickinbotham, British
PoliticalAgent,to Ruler ofBahrain, 1November1944.

Letter fiom Ruler of Bahrainto Ruler of Qatar, 24 January1945

(IORRi15/2/205).

Letter from Ruler of Qatar to Ruler of Bahrain,30 January 1945
(IORFU1 5/2/205).

Letter from Ruler of Qatarto Maj.Hickinbotham, British Political

Agent, 1February1945(IORR/15/2/205).

Letter fiom Ruler of Bahrain to Maj. Hickinbotharn, British
PoliticalAgent,3 February 1945 (IORR/15/2/205).

(a) Letter from Maj. Hickinbotham,British Political Agent, to
Rulerof Bahrain,6 March 1945.

(b) Transcript of letter from Maj. Hickinbotharn, British
PoliticalAgent,to RulerofBahrain,6 Mach 1945.

Letter from C.Belgrave, Adviser to Govt. of Bahrain, to
Lt. Col.Prior, British Political Resident, 11 April 1945
[IORRI15/2/205).

Letter fiom Lt. Col. Galloway, British PoliticalAgento Lt. Col.
Hay,BritishPolitical Resident,11June 1946(IORRI15/2/605).

Letter fiom Lt. Col. Hay, British Political Resident, to Lt. Col.
Galloway,British Political Agent15June 1946(IORR/15/1/371).

Note by Lt. Col. Galloway on his meeting with Ruler of
(a)
Bahrainon 2 November 1946(IORRI1 5/2/605).

(b) Transcriptof note by Lt. Col.Gallowayon his meeting with
Ruler of Bahrainon 2November 1946.

Letter from Ruler of Bahrain to British Political Agent,

5March 1947(IORRi15/2/6051.

Letter from Edward Wakefield, British PoliticalAgent, to Lt. Col.
Prior,British Political Resident, 11January 1948.

Reportentitled"Noteon Developmentsinthe ZubarahCase", 1948
(FO 371/68324).Letter fiom Ruler of Bahrain to C.J. Pelly,British Political Agent,
2 March 1948(FO 371/68324).

(a) LetterfromH.Ballantyne, BAPCO, toL. Pymanof Foreign
Office,2 June 1948.

(b) Transcript of letter frorn H.Ballantyne, BAPCO, to

L. Pymanof ForeignOfice, 2June 1948.

Letter ftom H. Bdlantyne, BAPCO, to C.Belgrave, Adviser to
Govt. of Bahrain,2 June1948.

Letter from Ruler of Bahrain to, Ernest Bevin, British Foreign
Secretary,24 June1948 (FO37116832496694).

Letter from Lt. Col. Hay, British Political Resident, to
ErnestBevin,MP, 14July 1948(FO 371/68324)

Foreign Office discussionpaper and draft letter attached thereto,
21 July 1948(FO 371168324).

Letter from C.Belgrave, Adviser to Govt. of Bahain, to
H. Ballantyne,BAPCO,9 October 1948.

Representationson Zubarahto ForeignOffice,4 August 1949.

Letter from Foreign Office to Lt. Col. Hay, British Political
Resident,3 September 1949(FO371/7497196754).

Letter from Foreign Office to Lt. Col.Hay, British Political
Resident, 12October1949(FO37117497196754).

Letter fiom Lt. Col. Hay, British Political Resident to Foreign
Office,7February1950(PO37118209196754).

Letter fiom C.J.Pelly, British Political Agent to Sir Rupert Hay,

British Political Resident,20March 1950(FO 371/56091).

Letter from C.J.Pelly, British PoliticalAgent to Sir Rupert Hay,
British PoliticalResident,23 April 1950(FO 371182691).

Letter from C.Belgrave, Adviser to Govt. of Bahrain, to

R. Andrew,British PoliticalAgent,26 June 1950.

Letter £romC.Belgrave,Adviserto Govt.of Bahrain, to W. Laver,
British PoliticalAgent, 15April 1952.

Letter from W.S.Laver, British Political Agent, to C. Belgrave,
Adviserto Govt.of Babrain,19May 1952(FO 10 16 547).Letter from Rujer of Bahrain to Lt. Col. Hay, British Political
Resident, 18March 1953(FO 1016/266XC 148248).

Telegram fiom Lt. Col. Hay, British Political Resident,to Ewart
Biggs, British Political Agent, Doha, 17 April 1953,
(FO 1016t266XC 13549).

Minutes of meeting between Ruler of Bahrain and British
(a)
Minister of State,June 1953(FO371ACXL 273 96333).

(b) Transcriptof minutes of meeting betweenRuler of Baluain
and BritishMinisterof State 16June 1953.

Copy minutes by J. Wall, British Officiating Political Agent,
5November 1953(FO 1016/266 XL 148248).

Letter fiom J. Little, British Political Agent, to Rulerof Bahrain,
17January1954.

Letter hm Foreign Office to B. Burrows, British Political
Resident,29 April 1954(FO 371110781296853).

(a) Telegram fiom B. Burrows, British Political Resident, to
ForeignOffice,2 May 1954(FO37It107812 96853).

(b) Transcript of letter from B. Burrows, British Political
Resident,to Foreign Office, May 1954.

Letter fiom B. Burrows, British Political Resident, to Ruler of
Bahrain,5 May 1954.

Note by C.Gault, British Political Agent,tB. Burrows, British

PoliticalResident18 March 1957(FO 1016/586XC 14078).

Note by C.Gault, British Political Agent, 7 May 1957
(FO1016/586XC 14078).

Foreign Office minutes by C.Gault, British Political Agent,
entitled"ZubarahDispute", 13Sune1957

(FO371426435 XC 156317).

Letter fiom B. Burrows, British Political Resident, to Ruler of
Bahrain,10August 1957.

Foreign Off~ceminutes by M. Man, British Politicai Resident,
entitled"Zubarah" 1,June 1960.

Letter from British Political Agent to Foreign Office,

31 October1960.Letter from M.C.G. Man, British PoIitical Resident, to 908-909
J.C. MoberIy,British PoliticalAgent, 15November 1960.

Extracts fromC.Belgrave"Persona1Column"
London, 1960,p. 156).

Letter fiom Ruler of Bahrain to Sir George Middleton, British 912-921
Political Resident,8February 1961.

Foreign Office Arabian DepartmentMinutes by M.Man, British 922-924
Political Resident, entitled "Zubara", to R. Beaumont, Foreign
Office,21 February1961(FO371t15672126335).

Minute by F Burrows, Foreign Office Atabian Department, 925-926
2 May 1961(FO 371/15672126335).

Letter from Ruler of Bahrain to British Political Agent, 927
9 May 1961(FO 371/156721 26335).

Letter from British Political ResidetoR. Beaumont of Foreign 928-930
Office, 18May 1961(FO 371/15672126335).

Letter from E.Wiltshire, British Political Agent to Ruler of 931-934

3 ahrain,29July 1961.

Memorandum from Qatar delegation to XIV session of the 935-936
UNESCOGeneral Conference,31October 1966.

Peter Lienhardt, "The Authority ofShaykhsin the GulfAn Essay 937-945
in Nineteenth-CenturyHistory" in Arabian Studies, VoII (1975)

editedby SerjeantandBidwell,pp. 61-75.

R.S. Zahian"The Creationof Qatar" (London, 1979,pp. 13-15 80- 946-95Id
85).

Extract from Fuad 1.Khuri "Tnbe and State in Bahrain" 952-975
(Chicago, 1980,pp. 13-34,44).

Interview of Shaikh Jasim Bin Abdullah Bin Khalifa Bin 976-980

Muhammad Bin Ibrahim Aal Khalifa conducted by Dr Ali Aba
Hussein, 14December1980.

Anie Montigny-Kozlowska "Evolutiond'un groupe bedouin dans 981-983a
un pays producteur de petrole: les Al-Na'im de Qatar"
(Paris, 1985,pp.52-53).

Extracts from the thesis presented by IbrahimAli Abdel entit1ed 984-985
"British Policy towards Bahrein and Qatar 1871-1914"
(Lancaster,1988,p. 111). Angela Clarke "Bahrain Oil and Development 1429-1989" 986-101 1
(1991,pp. 62-87).

Extract from Klaus Ferdinand "Bedouins of Qatar" 1012-1013d
(London, 1993,pp. 41,44-47).

Translationof statementof Mohammedbin Mohammedbin 2014-1018
(a)
TheyabAl Naimi, 6 September1996.

(b) Statement of Mohammed bin Mohammedbin Theyab Al 1019-1024
Naimi, 6 September1996.

Translation of statementf Saleh bin MuharnmedAli bin 1025-1028
(a)
AlialNaimi, 14Septernber 1996.

(b) Statement of Salehbin Muhammed Ali bin Ali al Naimi, 1029-1033
14September1996.

ANNEXES 235 TO 304
(HAWARISLANDS)

Annex Description PageNo.
No.

Letter fiom Capt.Prideaux, British Political Agent, to 1034-1038

Maj.Cox, British Political Resident, 20March 1909
(Recordsof Bahrain,Vol.3, pp. 383-387).

Letter fiom Capt. Prideaux, BritishPolitical Agent, to British 1039-1043
Political Resident,4April1909(IORR/15/2/547).

AdministrationReportfor the BahrainPoliticalAgency forthe 1044-1048
year 1909 (The Persian Gulf Administration Reports, 1986,
Vol.VI, pp.69-73).

Judgement madeby Qadi of Shara Court, Bahrain in the year 1049
1327Hejrah(1909)(RecordsofBahrain,Vol. 5,p.244).

Judgementmade by Qadi of Shara Court, Bahrain in the year 1049a
1328Hejrah(1910) (IORR/15/2/547).

(a) Translation of Ietterfiom Ruler of Bahrain to 1050
Maj. Cox,British PoliticalAgent, 15January 1911.

(b) Letter from Ruler of Bahrain to Maj. Cox, 1051

BritishPolitical Agent, 15January 1911.Administration Report for Bahrain Political Agency for the
year 1911, (The Persian Gulf Administration Reports, 1986,
Vol. VI,pp. 98-99).

(a) Translation of resolutions approvedat the meeting of
the Ottoman Cabinet Council on 19April 1913

(OttomanArchives).

(b) Resolutions approved at the meeting of the Ottoman
Cabinet Councilon 19April 1913(OttomanArchives).

Secret Declatation annexed to Convention between United
Kingdom and Twkey regarding the Persian Gulf and adjacent

territories,29July 193.

Letter fiom Maj. Daly, British Political Agent, to
British Political Resident,30January 1922.

Particularsof caseno.26411351, 1932(IORRi15/2/5471.

Bahraincourt recordforcaseno.26411351, 1932.

(a) Transcript of translation of Bahrain Court Record for
case 611351(1932).

(b) Translation of Bahrain Corn Record for case 611351
(1932).

(c) BahrainCourt Record forcase 61135 1(1932).

Letter from Police Directorate to the Bahrain Corn,
14April 1936.

Letter from C. Belgrave, Adviser to the Govt. of Bahrain,to
Lt. Col. Loch, British Political Agent, 28 April 1936

(IORR/15/1/688).

Letter from Lt. Col.Loch, British Political Agent, to Lt. Col.
Fowle, British Political Resident, 6 May 1936
(IOR R/15111688].

Letter from J.C. Walton,India Office, to J. Skliros of PCL,

14May 1936(IORR/1511/688).

Letter from C. Belgrave, Adviser to Govt. of Bahrain, to
HeadNatur, 10November 1937.

Letter fromC. Belgrave,Adviser to Govt. of Brthrain,to E.V

Packer, PCL,31January 1938.Police Orders by C.Belgrave, Adviser to Govt. of Bahrain,

1February 1938.

Letter from E.V. Packer, Manager of PCL, to C.Belgrave,
Adviser to Bahrain Govt., 19 February 1938
(IORR/15/2/204).

AnnualReport of Govt.of Bahrain,

(March 1937-February1938,pp. 10-11, 16-17).

Note by Lt. Col.Fowle,5 April 1938(FO 371121822).

Letterhm T.V.Brenan,Foreign Office,to J.P.Gibson,India
Office,13April 1938(FO 37 1/2182297609).

QatarClaim in the form of two letters from Ruler of Qatar to
BritishPolitical Agent, 10May and 27 May 1938,(letter from

Ruler of Qatar to H. Weightrnan, British Political Agent,
10May 1938(IORR/15/1/690)).

Letter from H. Weightman, British Political Agent, to
Li. Col. Fowle British Political Resident, 15May 1938
(Records of Qatar, Vol.6pp. 19-22).

Letter fromH.Weightman,British Political Agent, to Ruler of
Qatar,20 May 1938(IORR/15/1/690).

Police Orders fromC.Belgrave, Adviser to Govt. of Bahrain,
24 May 1938.

QatarClaim in the forrn of two letters fromRuler of Qatar to

British PoliticalAgent, 10May and 27 May 1938(letter from
Ruler of Qatar,to H. Weightman, British Political Agent, 27
May 1938)(IORL/P+S/l2/3895).

Note by C. Belgrave, Adviser toGovt. of Bahrain, entitled
"TheHawarIslands",29 May 1938(IORRI15121547).

Letter fiom H. Weightrnan,British Political Agent to Col.
Fowle, British Political Resident, 3June 1938
(IORW15/2/547).

Letterfiom Ruler of Qatar,to H. Weightman, British Political
Agent, 15June 1938(TORRi15111690).

Letter from Lt. Col. Fowle, British Political Resident, to the

Secretary of State to the Govt. of India and copied to
H. Weightman, British Political Agent, 27 June 1938
(IOR R/1512/547).Letter from Ruler of Qatar to H. Weightinan,

BritishPoliticalAgent, 8July 1938.

Letterfrom Ruler of Qatar to H. Weightman,British Political
Agent, 12 July 1938(IORR/15/211858).

Letter from Acting Adviser to Govt. of Bahrain to
H.Weightman, British Political Agent, 17July 1938

(IORR/15/2/1858).

Letter from H. Weightman, British PoliticalAgent to Ruler of
Qatar, 19July 1938(IORRfI5/2/1858).

Letterfromthe Secretaryof Statefor India,to British Political
Resident,21 July 1938(IORR/15/1/691).

Letter from Capt. Howes, British Political Agent, to Acting

Adviser to Govt.ofBahrain, 14August 1938.

Letter Çom PCL to H. Weightman, British Political Agent,
27 September1938(IOWR/15/2/547).

L'etter from H. Weightman, British Political Agent, to
C. Belgrave,Adviser to Govt. ofBhain, 8Novernber 1938.

Letter fi-om H. Weightman, British Political Agent to
Galloway, British Political Resident, 15December 1938
(IORRI15/2/547).

Bahrain Counter-Clairn in the form of a letter from
C.Belgrave, Adviser to the Govt. of Bahrain to

H. Weightman, British Political Agent, 22 December 1938
(IORR/15/2/547).

British Military Report entitled "Appreciation of the situation
regardingthe Defenceof QatarPeninsular",January 1939.

Letterfrom H.Weightman,British Political Agent, to Ruler of

Qatar, 5January 1939(IORRI15/2/5471.

Letter fiom Ruler of Qatar to H.Weightman,
British PoliticalAgent, 19March 1939.

Translation of letter from Ruler of Qatar to H.Weightman,
British PoliticalAgent,30March 1939

(Recordsof Bahrain,Vol. 5,pp. 279-280),

Qatar Rejoinder(inthe form of a letter fromthe Ruler of Qatar
to the British Political Agent) 30March1939
(Recordsof Bahrain,Vol.5,pp. 281-295).Letter fiom C.Belgrave, Adviser to Goa. of Bahrain, to

H. Weightman,British PoliticalAgent,20 April 1939.

Report of H. Weightrnan, (in the fom of a letter from
B. Weightman, British Political Agent, to Lt. Col. Fowle,
BritishPoliticalResident)22 April 1939
(Recordsof Bahrain,Vol. 5,pp. 252-259).

Letter from Lt. Col. Fowle, British Political Resident, to
Secretaryof StateforIndia,29 April 1939
(Recordsof Bahrain, Vol.5,p. 300).

IndiaOfficeMinute, 7June 1939(F0/371/23185).

Letter fi-omC.Baxter, Foreign Office, to Secretary of
(a)
State,India Office, 13June 1939(IORR/15/2/547).

(b) Transcript of letter froC. Baxter, Foreign Office to
SecretaryofState,India Office, 13June 1939.

Letter from PCL to Under Secretary of State for India,
30 June 1939(TORR/15/2/547).

Letter from Deputy Secretary to Govt. of India to

Lt. Col. Fowle, British Political Resident, 1July 1939.
(Recordsof PoliticalDepartment,India Office).

Letkr fiom Lt. Col. Fowle, British PoliticalResident to Ruler
ofBahrain,11July 1939.

Letter fromLt. Col. FowIe,British Political Resident to Ruler

of Qatar, 11July 1939.

Letter from Ruler of Qatar to Lt. Col. Fowle,
BritishPoliticalResident,4 August 1939
(Recordsof Bahrain,Vol. 5,pp. 302-304).

Letterfiom J. Black, BAPCOto C.Belgrave,Adviserto Govt.

of Bahrain,8October 1939.

Letter from Ruler of Qatar to Lt. Col. Prior, British Political
Resident, 18Novernber1939(IORK/15/2/547).

Report entitled "Qatar"by H. Weightman, 5 December 1939
@p.432-433,435,438-441) (IORRI1 5/2/142).

Expenditure Summary for the Govt. of Bahrain for
1358H(1939)(RecordsofBahrain,Vol. 5).294. Letter from Ruler of Qatar H. Weightman, BritishPoIitical 1202-1203

Agent,7 June 1940(TORR/15/2/547).

295. Letter fi-oM. Fripp,BAPCQRepresentative,to C. Belgrave, 1204
Adviser to Govt. ofBahrain, 10August 1941.

296. Letter fi-om Lt. Col. Hay to Secretary to Govt. of India,1205-1207
19November 1941 (Reco~dsof Qatar,Vol.6,pp. 559-561).

297. Letter from British Political Agent, to Ruler of Qatar, 1208-1210
23December 1947(IORFU1 5/2/430).

298. Letterfrom R.M. Brown,BAPCO Chief LocalRepresentative, 1211
to Adviserto Govt.of Bahrain, 13July 1949.

299. Letter fiom M. Man, British Political Resident, to 1212-1213
R. Beaumont, Foreign Office, 21 February 1961
(FO371/156721 26335).

300/3OI. Qatar Diary No. 2 of 1961 -for the period 1214-1221

February2-March1,1961 (FO37111569749536).

302. Letter from W.Schmidt, BAPCO, to Secretary to 1222-1224
Govt.ofBahrain,28October 1961.

3031304. Letter from Ruler of Bahrain to W. Schmidt of BAPCO, 1225-1249
2 November 1961.

ANNEXES305 TO352
(HAWARISLANDS,APPLICABLELAW AND
MARITIME DELIMITATION)

Annex Description PageNo.
No.

305/306. Letterfi-omK.Khalifa,Headof Financeof Govt.of Bahrain to 1250-1282
E.Wiltshire,BritishPoliticalAgent, 5June 1966.

307. R-S.ZahIan"The Makingof the Modern Gulf States: Kuwait, 1283-1285
Bahrain, Qatar, the United Arab Emirates and Oman"
(London, 1989,pp. 140-141).

308/309. J. Crystal "Oil and Politics in the Gulf:Rulers and Merchants
1286-1328
inKuwaitand Qatar"(1990) (p.166).Archaeological Report on the Hawar Islands, by Professor
Paolo Costa, Universityof Bologna, 17anuary 1995.

Extract from Bahrain Telephone Directory 1996-97
@p. 77-80).

Advertisementof Gulf TourisrnCompany, 25 June 1996.

(a) Trandation of Statementof Hamoud bin Muhanna bin
Hamadal Dosari,7 September1996.

(b) Statement of Hamoud bin Muhanna bin Hamad
al Dosari,7 September 1996.

Translationof Statement ofNasr bin Makkibin Ali al
(a)
Dosari, 16Sepember 1996.

(b) Statement of Nasr bin Makki bin Ali al Dosari
16 September1996.

(a) Translation of Statementof Salman bin Isa bin Ahmad
bin SaadalDosari, 15September1996.

(b) Statement of Salman bin Isa bin Ahmad bin Saad
alDosari, 15Septernber1996.

(a) Translation of Ibrahim bin Salrnan bin Ahrned Al
Ghattam, 15September 1996.

(b) Statement of Ibrahim bin Salman bin Ahrned Al
Ghattam,15September 1996.

Agreement entered into by Ali bin Khuleefa, Sheikh of
Bahrain,6 September1868
(Aitchison'sTreaties,Vol. XI,pp. 236-237).

ExclusiveAgreementof the Shaikhof Bahrainwiththe British
Government,13 March 1892
(Aitchison'sTreaties,Vol.XI,p.238).

M.J. Mustill and S.C.Boyd "The Law and Practice of
CommercialArbitrationin England"(1989,p. 15).

E.W. Streeter"PearlsandPearlingLife"
(London,1886,pp. 213-221)

Report by the Law Officers, Finlay and Carson,
11February 1905(F0371/91288).Letter from Lt. Col. Cox, British PoliticalResident, to British

PoliticalAgent, 11July 1911(IOR/R/l5/2/14).

Govt. of India "Gazetteer of Arabia" India Office Records
@. 329)(IOR/LIMIL/17/16/2/i).

Bahrain Political Diary for month ending 31 January 1920
(L/P&S/11/170).

Memorandumfrom British Political Agent to British Political
Resident, 24May 1924.

TeIegramsexchanged between H.M.S. Cyclamen and British
Political Resident,19/20une 1924.

Letter from Director, Persian Gulf Section, Indo-European

Telegraph Department to BritishPoliticai Agent, 25 March
1927(R/15/2/1371).

Letter fiom Director of Customs to C. Belgrave, Adviser to
Govt.of Bahrain, 10May 1928(RI15/2/125).

GovernrnentofBahrain Proclamation dated
20.10AH 1349(1930).

Military Report on the Arabian Shores of the Persian Gulf,
Kuwait, Bahrain,Hasa, Qatar, TrucialOman and Oman, 1933
(L/NIL/I7/15/141).

C.Belgrave "Pearl Diving in Bahrain" Journal of Royal
CentralAsia Society,Vol. XXI,July 1934.

Letter fromE.A. Seal,MilitaryBranch Admiralty,to Clauson,
India Office,29 April 1937(IOR/Rf15/2/546).

Memorandum from British Political Agent, to C. Belgrave,
Adviserto Govt.of Bahrain,5July 1937(IORW15/2/546).

Memorandum fromC. Belgrave, Adviser to Govt.of Bahrain,

to BritishPoliticalAgent, 14August 1937(IOR/Rl15/2/546).

Memorandum fromC. Belgrave, Adviser to Govt. of Bahrain,
to British PoliticalAgent, 14August1937(IOR R/15/2/546).

List preparedby LandDepartment, Govt. of Bahrainof pillars
erected 1938-1939.

Letter from Symon, India Office, to Lt. Col. Fowle, British
Political Resident,28 April 1938,enclosingPCL draft Bahrain
leaseand two charts(IORR/15/1/689).Governmentof Bahrain Notice, 15April 1939.

Memorandurn from British Political Agent to C.Belgrave,
Adviserto Govt. of Bahrain,21 March 1940,with enclosures
(IORRi15/2/41 8).

Letter fiom C.Belgrave, Adviser to Govt. of Bahrain, to
BritishPoliticalAgent, 18June 1946.

Letter fiom the British Political Agent, to Ruler of Qatar,
9 July 1946(IOR W15/2/430).

Letter from C.Belgrave, Adviser to Govt. of Bahrain, to
BritishPolitical Agent10 JuIy 1946(IORRI 5/2/430).

Letter ffom Ruler of Qatar to British Political Agent,

18July 1946(IORRI15/2/430).

Letter from British Political Resident toH.M.'sSecretary of
StateforIndia, 18January 1947(IORL/P&S/12/3006/6).

Translationof letterfiom Ruler of Bahrain to Pelly, British
Political Agent, December 1947.

Letter from the Ruler of Bahrain to British Political Agent,

23 May 1949.

Letter from H.R. Ballantyneto C.Belgrave, Adviser to Govt.
of Bahrain, 14November 1949.

Testirnony of Dr. A.S. Bhmdarkar, Medical Officer,
12October 1950.

TestimonyofJabor Musallarn,Pearl Merchant,
26 October 1950.

Sir Rupert Hay "The Persian Gulf States and their Boundary
Problems" The Geographical Journal, Vol. CXX Part 4,
December1954(pp. 433-445).

Foreign Office Minutesincludingcomments by I.M. Sinclair,
13October 1955(F0371191288).

Statementof M. Al-Nimer, Representative of Bahrain, Third
Law of the Sea Conference, 37th Mtg., 1'1 July 1974
(OfficialRecords,Vol. 1,1974,p. 174para 30). -VOLUME 7-

LIST OFILLUSTRATIVEMAPS

MapNo. Description

Politicalap ofthe Gulf ofArabia

Bahrainand Qatar

Traditionalroutefrom the mainislandof Bahrainto theHawarIslands

TheHawar Island- locations

TheZubarahregion(withplacenames)

Bahrainiand Qatariterritories

Normal patrolIimitsonthe Bahraincoastguardand shippingroutes

Southernsector: equidistance linewith basepoints

Bahrain'spearlingbanks

Northernsector: equidistancelinewithbasepoints

Proposed maritimeboundary

Archipelagic baselines

Medianline (southemsector)using archipeia baselines

Medianline [southern sector)using normalbaselines

Medianlines(southern sector)using ârchipelagicandnormalbaselines

OxfordMap ofQaîar CERTIFICATION

1, the undersigned, Jawad Salim Al Arayed, Agent of the State of
Bahrain, hereby certitjr ththe copies of the documents attached as

documentary Annexes of the Memorial subrnitted by the State of
Bahrain in Volumes 2 to 6 are accurate copies of the documents

they purport to reproduce and that where a translation ofsuch a

document is attached that translation an accurace translationof the
document

This dayofSeptember1996

Jawad Salim Al Arayed
Minister of State and Agent of the Sate of Bahrain

Document Long Title

Memorial of the Government of the State of Bahrain

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