Capitulation and Breach of National Sovereignty: A Comparative Study of Amir Kabir, Mosadeq and Imam Khomeini's Political Approaches

Capitulation (relinquishing jurisdiction within a state’s borders over the subjects of a foreign state) means immunity of foreigners from prosecution according to the law of the host country. The imposition of this legal regime is an indication of the surrender of the weak state to the foreign powers. After the second round of Iran-Russia wars, the conclusion of the Treaty of Turkmenchay paved the ground for formation of a particular definition of capitulation in Qajar-era practical politics in Iran. The implementation of this legal regime caused various adverse political, social and cultural consequences for the country. The significance of capitulation in Iranian political structure lies in breach of the country’s national sovereignty. Two preconditions were required for a foreign national residing in Iran to enjoy this immunity in the host country: 1- Law and sanctions; 2- The existence of a power based on which the national rights would be accepted by the beneficiary states. With respect to the impact of capitulation on understanding of the foreign nationals of the judiciary structure, sovereignty and political power of the host country, the statesmen provided a clear-cut definition of national sovereignty and embarked on determination of the limits of codified laws to defend the law against abuse by foreign nationals, who were believed to undermine the authority of the sovereign state and ignore national independence. To that end, and to understand about political understandings of capitulation, this paper has paid attention to the reactions by three political personalities in different situations to capitulation: Amir Kabir the chancellor of Naseraddin Shah of Qajar Dynasty, Mosadeq prime minister during the period marked for nationalization of Iranian oil industry, and Imam Khomeini an outstanding opponent to and critic of granting the right of capitulation as a government bill in the course of Shah's so-called The White Revolution. This paper has been developed based on a comparative study in such a way that ideas and perspectives of the three personalities namely Amir Kabir, Mosadeq and Imam Khomeini as well as their understanding of capitulation have been analyzed. This paper poses a central question: In view of the three personalities, how do capitulation and breach of the national sovereignty affect Iran's political position and its foreign relations with other countries?