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IJA 2778

Iraqi Citizenship Laws and Court Cases; Correspondence from the President of the Baghdadi Jewish Community

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Description

These documents pertain to Iraqi citizenship laws and court cases regarding the implementation of those laws. There are printed copies of Al-Waqā’i‘ Al-‘Irāqiyah, the official government newspaper for publishing legislation, containing Law 5/1951 on monitoring and managing the assets of Jews who have abrogated their Iraqi citizenship; Law 12/1951, appendix to 5/1951; Law 64/1967, amendment to the appendix of 12/1951; Law 125/1967, amending the end of 12/1951; Law 1/1964, amending the instructions to 1/1963 on Iraqi Jews traveling outside of Iraq; Law 161/1963, amending the fourth regulation of 12/1951; Law 54/1962, amending 12/1951; Law 14/1963, cancelling 11/1960; Law 11/1960, amending 12/1951; and Law 1/1950, amending 62/1933. There are also court cases and correspondence from the President of the Baghdadi Jewish Community discussing loyalty of the Iraqi Jews.

Metadata

Archive Reference
IJA 2778
Item Number
16225
Date
Approx. January 1, 1941 to December 31, 1950
Languages
Arabic
Keywords
Legal Document, Ministry of Justice, File Folder, Typed, Citizenship Laws, Iraqi Government, Baghdadi Jewish Community, Sun Crest, Newspapers, Al-Waqā’i‘ Al-‘Irāqiyah, Head of the Court of Cassation (Supreme Court) – Iraq, Legal, Hakham Sassoon Khedouri, Ink Stamps, First Court of Baghdad, Court of Personal Property, President of the Jewish Community, Ministry of Health, Correspondence, Eagle Crest, Annotation, Handwritten, Revenue Stamps

AI en Translation, Pages 26-50

Page 27

Iraqi Gazette No. 1477          2          1967/9/25
Written in Baghdad on the eighteenth day of the month of Jumada al-Akhirah for the year 1387, corresponding to the twenty-third day of the month of September for the year 1967.
Lieutenant General
Abdul Rahman Muhammad Arif
President of the Republic
Ahmed Al-Haboubi
Minister of Labor and Affairs
Social
and Acting Minister of Planning | Abdul Rahman Al-Qaisi
Minister of Education | Muslih Al-Naqshbandi
Minister of Justice | Tahir Yahya
Prime Minister
and Acting Minister of Foreign Affairs
and Defense
Shamil Al-Samarrai
Minister of Unity
and Acting Minister of Interior | Abdul Sattar Ali Al-Hussein
Minister of Oil | Adib Al-Jader
Minister of Economy
and Acting Minister of Finance
and Industry | Abdul Majid Al-Jumaili
Minister of Communications
and Acting Minister of Reform
Agrarian and Agriculture
Abdul Razzaq Muhyiddin
Minister of State
and Acting Minister of Health | Ihsan Shirzad
Minister of Municipalities and Works | Abdul Fattah Al-Shali
Minister of Northern Affairs | Abdul Hadi Al-Rawi
Minister of Youth Welfare
Explanatory Statement
It has been observed that some Jews acquired foreign nationality before the enforcement of Law No. (5) of 1951 and continued to pretend to enjoy Iraqi nationality after its enforcement by means of fraud and circumvention of the competent authorities. Therefore, it was necessary to apply the provisions of paragraph (1) of Article Eight of Law No. (12) of 1951 against them by freezing their assets to prevent any disposal thereof by them. To ensure this, this law was enacted.
Republic of Iraq - Government Press

Page 28

Iraqi Gazette Issue 972
18
8/7/1964
Instructions
Number (1) for the year 1964
Amending Instructions No. (1) for the year 1963 regarding
the travel of Iraqi Jews outside of Iraq
Based on the provisions of Paragraph (B) of Article Five added to Law No. (12) for the year 1951 by Law No. (14) for the year 1963, we have issued the following instructions: -
1 - The first case and the second case mentioned in Section (First) of the instructions for the travel of Iraqi Jews outside of Iraq No. (1) for the year 1963 are abolished and replaced by the following: -
First Case (Medical Treatment)
1 - The illness must be confirmed by a medical report issued by a special official medical body in Iraq, stating that medical necessity requires treatment outside Iraq.
2 - The patient is allowed to stay outside Iraq for the duration specified in the medical report, plus an additional thirty days for emergencies.
3 - The patient may be accompanied by another person from their ascendants or descendants, or the husband or wife, to care for them throughout the period the patient is allowed to stay, if the report states that the patient's condition requires it.
4 - The Iraqi mission may accept the medical report granted by a recognized medical body outside Iraq to an Iraqi Jew residing there for the purpose of treatment after its certification by the aforementioned mission, stating that the patient's health condition requires staying abroad for another period, provided that its duration does not exceed four months. However, if the duration of the report exceeds that, or if the Jew submits another report before the end of the period granted to them involving an extension of their stay abroad, the mission must in both cases send the report to the Directorate of General Security to present it to the medical committee mentioned in Paragraph (1) to confirm that the illness requires treatment outside Iraq and that the duration stated in the report requires the patient to remain abroad for treatment.
5 - A sick Jew may not stay outside Iraq by virtue of medical reports for a period exceeding one year in all cases, and if they require another period for treatment, they must return to Iraq to present themselves to the special official medical body.
Second Case (Higher Education)
1 - The Ministry of Education must confirm the admission of the Jewish student to the educational institute in which they intend to pursue higher studies outside Iraq, stating the prescribed duration of study.
2 - A Jewish student who has not exceeded the age of twenty-seven is allowed to stay outside Iraq for the duration of study prescribed by the Ministry of Education, plus three months for the duration of travel to and from, joining the institute, and emergencies.
3 - The Jewish student must approach the Iraqi mission abroad to extend their passport annually after submitting official documents proving their continuation of study, the type of study, and the stage reached, provided that these documents are certified by the cultural attaché. After the Iraqi mission verifies these documents and ensures that the situation of the Jewish student indicates that they truly intend to study seriously and are continuing to do so, it shall decide, after observing what was mentioned in Paragraph (2), to extend their passport and notify the Directorate of General Security of the extension and provide it with the mentioned documents.
4 - A Jewish student who intends to change their field of study must submit the necessary documents for that from the educational institute certified by the cultural attaché, and after approval by the Iraqi mission, it shall be sent to the Directorate of General Security for approval.
2 - Upon the publication of these instructions, an Iraqi Jew residing abroad for the purpose of treatment by virtue of a medical report accepted by the competent authorities shall be allowed to stay there for the period specified therein. This period may be extended in accordance with the provisions of these instructions, provided that the previously granted period and the extension period do not exceed one year.
3 - Jewish students who have completed twenty-seven years of age at the time of publication of these instructions must return to Iraq within one month of completing their academic year in the institutes where they are studying.
4 - These instructions shall be implemented from the date of their publication in the Official Gazette.
Brigadier
Rashid Muslih
Minister of Interior
Decision
Based on the requirements of the administrative interest and based on the authority vested in us under Article Five of the Provinces Administration Law No. 16 of 1945, we have decided to detach the numbered sectors (8) Al-Aswad Al-Mahmoudiyah lands, (12) Al-Aswad Orchards, and (23) Al-Aswad Orchards from Hibhib Sub-district and attach them to the center of Khalis District.
30-6-1964
Brigadier
Rashid Muslih
Minister of Interior

Page 30

Continuation - 2
Written in Baghdad on the twenty-third day of the month of Rajab for the year 1383, corresponding to the
eighth day of the month of December for the year 1963.
President of the Republic
Ministers
Explanatory Grounds
It appeared during the application of the laws for the revocation of <del>Iraqi</del> nationality and freezing that there are a number of Iraqi Jews
who revoked their Iraqi nationality under names other than their known names under which their properties
were registered in the Land Registry (Tapu) offices, and that there are others for whom no record appeared in the records of
revocation of Iraqi nationality nor in the records of those who retained it, and that there is another group of Iraqi Jews
property owners who died before the issuance of the freezing laws and left heirs among the Iraqi Jews for whom it was difficult
for the competent authorities after the issuance of the freezing laws to determine their nationality due to the unknown nature of their
place of residence and the lack of records for them in the registers related to the revocation or retention of nationality, and there
is also a number of Iraqi Jews who left Iraq a long time ago and acquired foreign nationalities without
the Iraqi authorities being aware of it, so their funds in Iraq remained a matter of doubt because the date
on which they acquired foreign nationality was not determined, as this is of utmost importance regarding the periods specified by
the legislator in the laws for the revocation of Iraqi nationality, as such persons might be subject to the provisions of
revocation of Iraqi nationality from them before their acquisition of foreign nationality. For the purpose of establishing legal solutions for the
aforementioned problems and their like, a paragraph has been added to Article 5 of Law 12 of 1951 to address
this.
Published in the Official Gazette No. 896 and dated 12 / 28 / 1963

Page 32

In the name of ⟦...⟧
On plain paper 7
Cases in which Iraqi citizenship is revoked by a decision of the Council of Ministers
Citizenship Revocation Law No. 1 of 1950 issued in the Al-Waqai'
Al-Iraqiya No. 2816 on 3/9/1950
Article 1 - The Council of Ministers may decide to revoke the Iraqi citizenship of
the Iraqi Jew who desires by his choice to leave
Iraq permanently after signing a special form
before the official appointed by the Minister of Interior
Article 2 - An Iraqi Jew who leaves Iraq or attempts
to leave illegally shall have his Iraqi citizenship revoked
by a decision of the Council of Ministers
Law No. 12 of 1951, Law amending the Law on the Control and Management of Property of Jews whose
Iraqi citizenship has been revoked No. 5 of 1951 issued in
Al-Waqai' Al-Iraqiya No. 2947 on 3/22/1951
Article 5 (A) The Iraqi Jew who left Iraq after the expiration of the rule of Law
No. 1 of 1950 or who leaves Iraq or attempts to leave it in an illegal
manner after the enforcement of this law, his Iraqi citizenship shall be revoked by a proposal from the Minister
and a decision of the Council of Ministers
Article 5 (B) Every Iraqi Jew who left Iraq with a Lebanese passport ⟦under⟧
the law and did not return within the period specified in his passport, his Iraqi citizenship shall be revoked by a proposal
from the Minister and a decision of the Council of Ministers

Page 33

⟦A⟧
2/22/65
Second
Law No. 54 of 1962 (Published in the Iraqi Gazette Issue 684 on 6/11/1962)
The Iraqi Jew who left Iraq during the period from 1/1/1960
until 3/30/1962 must return within six months
and if he does not return, the Council of Ministers, based on the Minister's proposal, may
decide to revoke his Iraqi citizenship

Page 34

Cases under which Iraqi citizenship is dropped without
a decision from the Council of Ministers
Citizenship Revocation Law No. 1 of 1950 published in the Iraqi Waqayi' issue 2816
dated 3 / 9 / 1950
Article 3 - The Iraqi Jew who previously left Iraq illegally is considered to have
left Iraq permanently if he does not return to it within a period of two months from the entry into force of this law
and Iraqi citizenship shall be dropped from him from the date of the end of this period.
Law No. 12 of 1951 - Law Supplementing the Law for the Control and Management of the Property of Jews Stripped
of Iraqi Citizenship No. 5 of 1951
Article 2 - The Iraqi Jew who left Iraq with a passport as of the ⟦first⟧ day of the year
1948 must return to Iraq within two months from the date of the statement issued, and if
he does not return, he is considered to have left Iraq permanently and Iraqi citizenship shall be dropped from him
as of the date of the end of that period - if he does not have an excuse.
Article 3 - (C) - If the excuse is removed and he does not return to Iraq within one month from the date
the excuse was removed, he is considered to have left Iraq permanently and Iraqi citizenship shall be dropped from him
Article 4 - The Iraqi Jew who left Iraq with a passport before the first day of the year 1948
and was not habitually resident and did not return
Law No. 54 of 1962 published in the Iraqi Waqayi' issue 821 and dated 6 / 25 / 1963
Article - 2A - Every Iraqi Jew who acquired foreign citizenship from the date of entry into force of Law No. 5
of 1951 shall be stripped of Iraqi citizenship as of the date of his acquisition of foreign
citizenship.
Article - 2B - Paragraph (1) includes the Iraqi Jew who acquires foreign citizenship after
the entry into force of this law.

Page 35

Cases in which Iraqi citizenship is revoked without a decision from the Council of Ministers
Citizenship Revocation Law No. 1 of 1950 published in the Iraqi Waqayi No.
2816 on 3/4/1950
Article 3: An Iraqi Jew who has previously left Iraq
illegally is considered to have left Iraq permanently
if he does not return to it within a period of two months from the entry into force of
this law, and Iraqi citizenship is revoked from him as of the date of
the expiration of this period.
Law No. 12 of 1951 - Law Supplementing the Law for the Supervision and Administration of the Property of Jews
Whose Iraqi Citizenship has been Revoked No. 5 of 1951
Article 2: An Iraqi Jew who left Iraq with a passport starting
from day 1 of the year 1948 must return to Iraq within two months
from the date of the issued statement; if he does not return, he is considered to have left Iraq permanently
and his Iraqi citizenship is revoked as of the date of the expiration of that period - if he
does not have an excuse.
Article 3 (c): If the excuse ceases and he does not return to Iraq within one month from
the date the excuse ceased, he is considered to have left Iraq permanently and his Iraqi citizenship is revoked
⟦1948⟧
Article 4: An Iraqi Jew who left Iraq with a passport before 1/1/1948
and was not a habitual resident and did not return.

Page 36

7/25/62
Y-
Law No. 54 of 1962 issued in the Iraqi Gazette No. 680 dated
Article (2) Every Iraqi Jew who acquired foreign nationality on
the date of entry into force of Law No. 5 of 1951, shall lose
Iraqi citizenship as of the date of acquiring the foreign
nationality.
Article (3) Paragraph (1) includes the Iraqi Jew who
acquires foreign nationality after the entry into force of this law
No. 1 - 10 - 1962 in Iraqi Gazette 733
No. ⟦...⟧ Abdullah Abdul Masih with imprisonment ⟦...⟧
No. ⟦...⟧ Fahd Faisal ⟦...⟧
O Habib

Page 37

10 April 1924
To the Directorate of General Administration
Secretary to the Government of Maharashtra
Signature
Official Seal
I certify the authenticity of the signature of A. S. Pranhim, Registrar and Presidency Magistrate of Bombay
⟦line⟧
Bombay
Registrar and Presidency Magistrate - Esplanade
Signature A. S. Pranhim Seal of the Presidency Magistrate of Bombay

Page 38

Law No. 54 of 1962
Amendment to the Appendix of the Law on Control and Administration of Property of Jews
Who Have Forfeited Iraqi Nationality No. 12 of 1951
Published in Al-Waqai' Issue 821 on 25 / 6 / 1963
Article - 2 - (a) - Every Jew who acquired foreign nationality from the date
of the entry into force of Law No. 5 of 1951 shall forfeit Iraqi nationality as of
the date of acquiring foreign nationality (without a decree)
2 - The provision of paragraph (1) shall include Jews who acquire foreign nationality
after the entry into force of this law.
Cases in which Iraqi nationality is forfeited without a decree
from the Council of Ministers
1 - A Jew who left Iraq ⟦legally⟧ and did not return within a period of two months from the date
of the entry into force of Law No. 1 of 1950. Article 3 of Law No. 1 of 1950
2 - A Jew who acquired foreign nationality from the date of the entry into force of Law No. 5 of 1951
Cases in which nationality is forfeited by a decree from the Council of Ministers
1 - A Jew who voluntarily wishes to leave Iraq permanently - Law No. 1 of 1950 Article 1
2 - A Jew who left Iraq illegally
3 - A Jew who left Iraq or attempted to leave it illegally (Article 2 of Law No. 12 of 1950)
4 - A Jew ⟦traveling⟧ with a passport and did not return within the period indicated on their passport
5 - A Jew who left Iraq during the period from 2/5/1962 until 17/7/1962
and did not return during the one-year period that ended as of 25 / 6 / 1963

Page 41

No. (14) of the year 1963
Law
Repeal of Law No. (11) of the year 1960
In the name of the people
Presidency of the Republic
Based on Proclamation No. (15) of 1963 issued by the National Council of the Revolutionary Command, and based
on what was presented by the Minister of Justice and approved by the Council of Ministers and ratified by the National Council of the Revolutionary Command,
the following law has been ratified:-
Article One - Law No. (11) of 1960 is repealed.
Article Two - The following paragraph is added to Article Five of the Law Supplementing the Law for the Supervision and Administration
of Property of Jews whose Iraqi Nationality has been Forfeited, No. (12) of 1951, to be paragraph (b) thereof:-
b - Every Jew who left Iraq with a passport after the enforcement of this law must return to Iraq within
the period indicated in his passport. If he does not return at the end of the period, the Council of Ministers, based on
the Minister's proposal, may decide to forfeit his Iraqi nationality, and his property shall be disposed of according to Law
No. (5) of 1951 and the regulations issued or to be issued thereunder. The Minister may issue
instructions determining the periods for the purpose of applying this article.
Article Three - This law shall be effective from the date of its publication in the Official Gazette.
Article Four - The Ministers shall implement this law.
Written in Baghdad on the twenty-sixth day of the month of Shawwal for the year 1382, corresponding to the twenty-first
day of the month of March for the year 1963.
President of the Republic - Ministers
Explanatory Grounds
For the Law Repealing Law No. (11) of 1960
Whereas the reasons for which Law No. (12) of 1951 was enacted still exist, given
the departure of a large number of Iraqi Jews abroad without <del>returning</del> coming back, and that the forfeiture of Iraqi
nationality for them is carried out because of their failure to return and the proof of their lack of loyalty to Iraq and the departure of some of them to
Israel, which necessitates freezing their assets. And since the national interest requires keeping the text of paragraph
(b) of Article Five of Law No. (12) of 1951 in force, this law was therefore enacted for that purpose.
Published in the Official Gazette No. 787 dated 31 / 3 / 1963

Page 42

Number (11) for the year 1960
Law
Amendment of Law No. (12) for the year 1951
In the name of the people
Sovereignty Council
After reviewing the interim constitution and based on what was presented by the Minister of Justice and approved by
the Council of Ministers -
The following law has been ratified: -
Article One - Paragraph (b) of Article Five of the law appended to the law for
Monitoring and Managing the Property of Jews whose Iraqi citizenship has been revoked, No. 12 of 1951, is hereby repealed.
Article Two - This law shall be implemented from the date of its publication in the Official Gazette.
Article Three - The Ministers shall implement this law.
Written in Baghdad on the fifteenth day of the month of Rajab in the year 1379, corresponding to the
thirteenth day of the month of January in the year 1960.
Sovereignty Council
The Ministers
Iraqi Jews residing in Iraq have been exposed to many difficulties as a result of -
the application of this paragraph against them, in addition to the fact that maintaining it contradicts the goals of the revolution and the interim
constitution, which stipulates equality among Iraqis in rights and duties, and that the principle of revoking
Iraqi citizenship contradicts the spirit of the constitution, considering that citizenship is a natural right for every citizen that cannot be
taken away from them simply because they delayed returning to Iraq within the period specified for them in the passport.
Their delay may be for unavoidable reasons such as trade or medical treatment, and the mentioned limitation is something that
obstructs the travel of individuals, as representatives of the countries to which the person travels often refrain from granting
the entry visa or the right of residency; for this, and since the reasons that necessitated the issuance of the mentioned legislation
have ceased to exist, this bill has been prepared.
Published in the Official Gazette (Al-Waqai' al-Iraqiya) Issue 292 - 20 / 1 / 1960

Page 43

Article - Five -
A - The Iraqi Jew who left Iraq after the expiration of the rule of Law No. 1 of 1950
or who leaves Iraq or attempts to leave it illegally after the entry into force of this law shall lose
Iraqi citizenship by a proposal from the Minister and a decision by the Council of Ministers.
B - Every Jew who left Iraq with a passport after the entry into force of this law must return to Iraq
within the period indicated in his passport; if he does not return at the end of the period, the Council of Ministers,
based on the Minister's proposal, may decide to revoke his Iraqi citizenship, and his property shall be handled according to Law
No. 5 of 1951 and the regulations issued or to be issued thereunder. The Minister may issue instructions
by which the periods are determined for the purpose of applying this article.

Page 44

Article - Five -
A - The Iraqi Jew who left Iraq after the expiration of the rule of Law No. 1 of 1950
or who leaves Iraq or attempts to leave it illegally after the effective date of this law, shall have
Iraqi citizenship dropped from him by a proposal from the Minister and a decision by the Council of Ministers.
B - Every Jew who left Iraq with a passport after the effective date of this law must return to Iraq
within the period indicated in his passport; if he does not return at the end of the period, the Council of Ministers,
based on the proposal of the Minister, may decide to drop Iraqi citizenship from him, and his property shall be disposed of according to Law
No. 5 of 1951 and the regulations issued or to be issued pursuant to it. The Minister may issue instructions
which designate the periods for the purpose of implementing this article.

Page 46

Issue (2949) Twenty-ninth Year
Al-Waqai' Al-Iraqiya
(The Official Gazette of the Iraqi Government) - Published by the General Directorate of Propaganda in Iraq
Registered at the Central Post Office in Baghdad under No. (4)
Annual subscription: Two Dinars in the capital and Two Dinars and five hundred Fils outside the capital
Price per single copy (20) Fils
Thursday - 14 Jumada al-Akhira 1370 and 22 March 1951
Number (12) of the year 1951
Law
Supplement to the Law of Control and Administration of Property of Jews from whom
Iraqi Nationality has been Revoked No. 5 of 1951
With the approval of the Senate and the Chamber of Deputies, we ordered the enactment of the following law:-
Article 1 - From the date of entry into force of this law, the funds of Iraqi Jews who left
Iraq with a passport shall be frozen, effective from the first day of the year 1948, and the
provisions of Law No. 5 of 1951 and the regulations issued or to be
issued under it shall apply to them.
Article 2 - A - Every Iraqi Jew covered by Article 1 must return to Iraq
within two months from the date of the statement issued according to the following paragraph.
B - Iraqi diplomatic and consular missions in foreign countries, or those
diplomatic or consular bodies that care for the rights of Iraqis therein, must
publish a statement in one of the newspapers of the capital of that kingdom requesting those
covered by the provisions of the previous paragraph to return to Iraq within two months
from the date of publication of that statement.