Revisiting Imam Khomeini’s Declaration Against Capitulation – In the National Archives of Iran

On the occasion of 13 Aban (November 4th), marking the anniversary of Imam Khomeini’s exile to Turkey, the 17th issue of the series “In the Frame of a Document” is dedicated to a historical record titled: “Imam Khomeini’s Declaration to the Iranian Nation Opposing Capitulation and Calling Scholars and the People to Uprising.”

According to the Public Relations Department of the National Library and Archives of Iran, the “In the Frame of a Document” series is designed to introduce and reevaluate significant or often overlooked documents from the archival treasures of the organization. Each issue highlights a historic, cultural, or social document preserved in the National Archives of Iran.

In this issue, coinciding with 13 Aban—the anniversary of Imam Khomeini’s exile to Turkey—a document titled “Imam Khomeini’s Declaration to the Iranian Nation in Opposition to Capitulation” is introduced. This document is dated Aban 4, 1343 SH (October 26, 1964) and is considered one of the most important documents connected to the Islamic movement in Iran.

Capitulation, or the granting of judicial immunity to foreign advisors, was one of the controversial decisions of the Pahlavi regime in 1964. Following an agreement with the United States and its ratification in both the Senate and National Assembly, American advisors and their families were granted special legal privileges. In response, Imam Khomeini referred to this law as a “document of Iran’s slavery” and issued a historic declaration, calling upon scholars, university students, clerics, and the general public to rise in protest.

In this declaration, he cited the Qur’anic verse: “God will never allow the unbelievers to have authority over the believers” (Surah An-Nisa, 4:141) to argue that granting legal immunity to foreigners was a sign of subjugation and humiliation for the Iranian nation, and he warned of the political and economic consequences of such a move.

Following the release of this declaration and Imam Khomeini’s revealing speeches, the Pahlavi regime arrested him on 13 Aban 1343 SH (November 4, 1964) and exiled him to Turkey — an event that is considered the starting point of the Islamic Revolution in modern Iranian history.

This particular document is part of the collection donated by Mohammad Hojjat and is archived under registration number 998-710 in the National Archives of Iran.

In the Name of God, the Most Gracious, the Most Merciful
“Never will Allah grant the disbelievers a way over the believers.” (Qur’an 4:141)

Does the Iranian nation know what transpired in parliament these past days? Do they know that, without their knowledge and in secret, a great betrayal occurred? Do they know that the parliament, upon the proposal of the government, signed the document of Iran’s enslavement and effectively acknowledged that Iran is a colony? That they handed the United States a certificate declaring the Muslim nation to be barbaric? That they took a black pen to all of our Islamic and national honours and wrote them off? That they erased with a red line all the pompous claims of the ruling elite over the past years? That they degraded Iran below the status of the most backward countries in the world? That they insulted the noble Iranian military, its commanders, and its officers? That they trampled the dignity of our judicial system? That they ratified—under the current government and with no public knowledge—one of the most disgraceful decrees from the previous administration, after only a few hours of secret discussion? That they subjected the Iranian people to the domination of the Americans?

Now, American military and non-military advisers, along with all their family members and servants, cooks, bakers, janitors, and the like, have complete freedom to commit any crime or treason in Iran. The Iranian police are not allowed to arrest them, and Iranian courts have no authority to prosecute them. Why? Because America is the land of dollars, and the Iranian government is desperate for them!

According to this shameful decision, if an American adviser or even one of their servants insults a Marja‘, a respected Iranian citizen, or a high-ranking officer, or commits any betrayal, the Iranian police cannot detain him, and our courts have no jurisdiction. But if someone touches one of their dogs, the police must intervene, and the courts must investigate!

Today, when one colonized country after another is courageously and bravely breaking free from the chains of colonialism, the “progressive” Iranian parliament, with all its boasts of a 2500-year-old civilization and claims of parity with developed nations, votes for the most disgraceful and humiliating decree of the most discredited governments, and introduces the noble people of Iran as among the most degraded and backward of the nations. And with utmost arrogance, the government defends this erroneous decree, and the parliament approves it.

According to reliable sources, this scandalous law was proposed to Pakistan, Indonesia, Turkey, and West Germany, but none of them accepted such humiliation. Only the Iranian government dares to play with the dignity of its people and the essence of Islam like this, destroying it all.

The scholars and religious leaders who call for the removal of military interference in national affairs, who say the people must choose parliamentarians, governments must be national, press censorship must end, and intelligence agencies should not monitor and suppress the voice of the people—they do so precisely to prevent such humiliations from being forced upon the nation and to avert disasters like this.

Why do the members of parliament—who according to human and national conscience should be one hundred percent opposed to such a colonial decree—not raise their voices? Except for two or three individuals who spoke anxiously, the rest remain silent. Why? Because they do not rely on the people. They are appointed, not elected. They have no power to resist. With a single gesture, they are removed and imprisoned.

Does the Iranian nation know that officers of the military no longer swear by the Qur’an, but by “a heavenly book in which they believe”? This is the very danger I have repeatedly warned about: a danger to the Qur’an, to noble Islam, to the Islamic nation, and to the independence of our country.

I do not understand what offence the oppressive regime has seen in the Qur’an or what harm they have faced from seeking refuge in Islam that they are so persistent in erasing its name. If they had taken refuge in the Qur’an and Islam, no foreign power would have dared to impose a document of enslavement on them. No one would have dared to trample your Islamic and national honours.

The disconnection of the people from the ruling apparatus, and the lack of support for the rulers from the masses, leads to these calamities.

I hereby declare: this disgraceful vote of the two parliaments is against Islam and the Qur’an; it has no legitimacy. It is against the will of the Muslim nation. The members of these parliaments are not representatives of the people – they are representatives of the bayonet! Their vote has no value in front of the people, Islam, or the Qur’an. And if foreign powers wish to exploit this filthy decree, the duty of the nation will become clear.

Let the world know that every calamity afflicting the Iranian nation and Muslim nations stems from foreign powers, especially America. The Muslim nations detest foreign domination, especially that of America. The misfortunes of Islamic states arise from foreign intervention in their affairs. It is foreign powers who have looted and continue to loot our underground treasures. It was the British who, for decades, plundered our black gold at negligible prices. It was foreigners who occupied our beloved land and attacked it from three directions without any justification, slaughtering our soldiers. Yesterday, Islamic countries were caught in the claws of Britain; today, they are trapped by America.

It is America that supports Israel and its allies. It is America that empowers Israel to displace the Muslim Arabs. It is America that directly or indirectly imposes representatives upon the Iranian nation. It is America that sees Islam and the Qur’an as obstacles and seeks to eliminate them. It is America that views our religious scholars as thorns in the path of colonialism, and thus, they must be imprisoned, tortured, and humiliated. It is America that pressures the Iranian parliament and government to pass and enforce this disgraceful decree, which crushes all our Islamic and national honours. America treats Muslim nations with barbarity, and worse.

It is upon the Iranian people to break these chains. It is upon the Iranian army not to allow such disgraceful acts to take place. It is upon those in higher ranks to tear up this colonial treaty by any means, to topple this government, and to expel the representatives who voted for this humiliation from parliament. It is upon the people to demand that their religious scholars not remain silent. It is upon the scholars to demand that the great religious authorities not ignore this matter. It is upon the students and teachers of religious seminaries to call upon the scholars to break the silence. It is upon university professors to inform the youth of what lies behind the curtain. It is upon the youth to voice their protest against this scandalous plan calmly and courageously and let the nations of the world hear the cry of Iran’s universities. It is upon religious preachers to awaken the unaware with powerful, fearless speech. It is upon political leaders to expose what was said behind closed doors in parliament.

Let everyone know: the goal of the Grand Maraji‘ and scholars is one, to protect the sacred religion of Islam and defend the Qur’an and Muslims. There is no disagreement among them in this sacred mission. Even if there are minor differences in jurisprudential opinions, these do not hinder their unity on fundamental issues. If government agencies believe they can distract us from our goals with slander and manipulation, they are mistaken. I, who consider myself a humble servant of the great scholars and the Muslim nation, in these critical times, am ready to show humility even to the smallest individuals, let alone the great scholars. Young students and newly enrolled seminarians must guard their tongues and pens and avoid anything that causes division. Our mission of reform and purification cannot proceed so long as we are constantly harassed by the ruling system.

I suffer thinking about this coming winter. I foresee hunger and, God forbid, the death of many poor and destitute. The people must themselves prepare to help the needy this winter so that the tragedies of last year are not repeated. The scholars of the cities must call upon people to act now.

I ask Almighty God for the glory of Islam and Muslims and for the salvation of Islamic nations from the evils of foreign powers – may He humiliate them.

Peace be upon those who follow the guidance.
Ruhollah al-Musawi al-Khomeini
4 Aban 1343 / October 26, 1964

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Transcript of a Speech by Imam Khomeini on the Same Issue

With the Shah’s visit to the United States in Tir 1343 (July 1964) and the subsequent negotiations, the United States made the granting of military aid conditional on the establishment of certain legal regulations. In order to receive 200 million dollars in military assistance, after returning from the U.S., the Shah had the Capitulation Bill (granting judicial immunity to American citizens) introduced by then-Prime Minister Hasan Ali Mansur in the Senate on 3 Mordad 1343 (July 25, 1964).

Following this, the bill was also introduced in the National Consultative Assembly (Majles Shura-ye Milli) on 21 Mehr 1343 (October 13, 1964), and was passed in the absence of the Speaker of the Parliament and 25 other representatives. The bill was approved with 74 votes in favour and 61 votes against. See: The Center for Islamic Revolution Documents, www.irdc.ir

The new American administration, which had come to power in Azar 1342 (December 1963), was seeking greater comfort for Americans living in Iran. For this reason, they pursued the passage of a treaty known as the Vienna Convention or Capitulation Agreement (locally referred to as “the Treaty of the Right of Barbarism”). The ratification of the Capitulation Law would encourage Americans to live in Iran. According to one clause in the bill, Americans would also be exempt from customs duties.

See: Illustrated Encyclopedia of the Life History of Imam Khomeini, by Jafar ShirAli-Nia, Sayan Publications, p. 106.

Inna lillāh wa innā ilayhi rājiʿūn.
Truly, we belong to God, and to Him we shall return.

I cannot express the pain and grief in my heart. My heart is under great pressure. These past few days, since hearing about the recent events in Iran, I have slept very little. (The audience weeps.) I am distressed; my heart is heavy with sorrow. Each day, I count down the moments, waiting for death to arrive. (The audience cries loudly.)

Iran has no celebration left. (The audience weeps.) The festivals of Iran have been turned into mourning. (The audience continues crying.) They have turned our feast days into funerals, yet they have lit up the streets and celebrated! They held mourning ceremonies, and then danced together! They have sold us; they have sold our independence, and yet they illuminated the streets, rejoiced, and danced. If I were in their place, I would have forbidden these lights and celebrations. I would have told people to raise black banners over the markets, hang black cloths over their homes, and cover their roofs in mourning. Our honour has been trampled, the greatness of Iran has vanished, and the dignity of our army has been humiliated.

A law has been introduced into parliament, a law that first binds us to the Vienna Convention and then extends it further, under which all American military advisers, their families, technical staff, administrative employees, and servants are immune from prosecution for any crime they commit in Iran. If an American servant or cook were to attack your marjaʿ in the middle of the marketplace, trample him underfoot, the Iranian police would have no right to stop him! Iranian courts would have no authority to prosecute or even question him. He must be sent to America—where his masters will decide his fate!

The previous government had passed this law in secret. The current government presented it to the Senate and parliament in recent days, and with one swift “yes” vote, the matter was closed—without anyone daring to speak out. A few objections were raised, but in the end, with complete shamelessness, the law was passed. The government, with full audacity, defended this disgraceful act. They have made the Iranian people more degraded than American dogs. If anyone were to strike a dog belonging to an American, there would be an investigation. If the Shah himself were to harm an American dog, there would be consequences. But if an American cook were to strike the Shah, the marjaʿ, or the highest official in Iran, no one has the right to object!

Why? Because they wanted to secure a loan from America. America said this must be done. A few days later, they requested a 200-million-dollar loan, and the U.S. approved it, promising to give the money over five years and to collect 300 million in ten years. Do you understand what that means? Two hundred million dollars loaned, each dollar worth eight tomans, and in return, they would extract three hundred million, gaining one hundred million dollars in profit, or eight hundred million tomans. For these few dollars, Iran has sold its independence. Iran has sold itself. They have reduced us to a colony. They have introduced the Muslim people of Iran to the world as inferior to savages, all in exchange for a two-hundred-million-dollar loan that costs us more to repay.

This Capitulation Law stands entirely against the will of the Iranian people. Other nations will think that it was the Iranian people themselves who accepted such humiliation — that it was the Iranian nation that degraded itself to this level. They do not know that this betrayal belongs to the Iranian government and parliament, institutions that have no connection whatsoever with the people. This parliament is the parliament of the bayonet; it is a puppet assembly that represents neither the will nor the vote of the Iranian nation. The leading scholars and religious authorities, the marājiʿ, forbade participation in these elections, and the people obeyed them. Yet the power of coercion and the force of arms seated these so‑called representatives in their chairs.

In one of the history books printed this very year and taught to our children, it is written that “The removal of the influence of the scholars was beneficial to the welfare of the nation.” This is what they teach our youth — that the nation’s prosperity depends on eliminating the influence of religious scholars!

Indeed, if the influence of the ʿulamāʾ remained, they would never allow this nation to fall first under the domination of Britain, and then America. If the clergy held their rightful place, they would never allow Israel to seize control of Iran’s economy, nor permit Israeli goods to be sold freely in Iran without customs duties. If the influence of the ʿulamāʾ existed, such enormous foreign debts would never be imposed upon the people. They would not allow the national treasury to be squandered, nor would they let governments act as they please, even against the people’s interests.

If the clergy had influence, the parliament would never have turned into a hollow and corrupt institution, nor would it have been built on the foundation of military coercion. If the clergy had influence, they would never allow scenes of immorality — such as boys and girls wrestling in each other’s arms, as occurred in Shiraz — or the mixing of men and women in schools, or the corruption of innocent girls at the hands of irresponsible youth.

If the clergy had influence, they would strike the mouth of this government, remove these deputies from the parliament, and prevent such betrayals. If the clergy had influence, no American agent could impose such disgrace upon us; they would expel him from Iran.

No, the influence of the clergy is not harmful to the nation, it is harmful to you, the traitors. You have realized that as long as the religious leadership exists, you cannot do as you please. That is why you seek to destroy its influence.

You think that by staging political dramas and spreading lies you can create division among the scholars — but you cannot. You will never succeed, not until the day of your death. The ʿulamāʾ stand together. I bow before all the religious scholars. I kiss the hands of all the scholars. That day, I kissed the hands of the marājiʿ; today, I kiss the hands of the students. (The audience weeps.) Today, I even kiss the hands of the shopkeepers. (The crowd bursts into tears.)

O people, I issue a warning! O Iranian army, I declare a warning! O politicians of Iran, I declare a warning! O merchants, scholars, and jurists of Iran, I declare a warning! O teachers and students, o Najaf, o Qom, o Mashhad, o Tehran, o Shiraz — I declare a warning!

This is a danger, a grave danger. It is clear that there are plots beneath the surface that we do not yet know about. In parliament, they said, “Do not let the curtains be lifted.” It seems they have prepared things for us behind the scenes. What worse could they do to us? I do not know what could be worse than enslavement, worse than humiliation. What are they planning for us? What disasters will this dollar‑based loan bring upon our poor nation — a nation that must pay one hundred million dollars in interest, or eight hundred million tomans, over ten years, and yet sell itself for this?

What benefit do these American military advisers bring to you? If this country is under American occupation, then why do you shout so loudly about progress? If these advisers are your employees, why do you treat them higher than your masters? If they are your servants, then treat them as other nations treat their employees. But if our country is occupied by America, then say so! Say it plainly! Then remove us from this land altogether!

What do they intend to do with us? What has this government said to us? What has this parliament done to us — this illegitimate, forbidden parliament that the marājiʿ have declared unlawful? This is a parliament in which not one representative truly belongs to the people. This is a parliament that boasts of coming from the so‑called White Revolution.

O people, where is this “White Revolution”? It has bled the people dry! I know — God is my witness — I know of the poverty and hunger of the villages, of the suffering of our farmers, of the wretched conditions in Qom and in distant provinces.

O gentlemen, if you keep silent, tomorrow will be too late. This issue is not just about me. I am a poor servant — and if they wish to harm me, then so be it. But Islam is being trampled underfoot. The dignity of the Iranian people is being destroyed. The prestige of the country has been sold off.

By God, committing this betrayal is a great sin. And remaining silent in the face of this betrayal is an even greater sin. Those who speak and protest — if they are not sincere, their punishment is with God. But those who remain silent, those who remain indifferent, are committing a betrayal against the Qur’an, against Islam, and against the dignity of this nation.

O religious leaders, O spiritual authorities, O people of the East, O Muslims of the world! Rise! Come to the aid of Islam! What is this oppression that has been brought upon the Muslims of Iran? What is this disgrace? What is this degradation?

Have you lost all sense of honour? Has Islam become so unfamiliar to you? Has the Qur’an become so alien? Do you not see what’s happening? Do you not see how the dignity of Islam is being destroyed by this regime?

They sell the nation and say it is progress. They surrender the country to foreigners and call it reform. They imprison the scholars and say it is modernization. They give everything to America and say it is prosperity. Is this Islam?

By this law, if an American advisor were to trample upon the sanctity of this country, commit any crime, murder, rape, robbery, no Iranian court can try him. No Iranian judge can even summon him. No police force can arrest him. And if a dog owned by an American advisor were to bite an Iranian, that Iranian could be tried — but not the American, not even if he committed murder in broad daylight. This is the law. This is what they’ve signed. This is what they’ve accepted.

Is there any greater disgrace for a Muslim country?

O people of Iran! O noble nation! This betrayal cannot be endured. Do you want to remain silent? Have you no sense of honour? Is this how a Muslim lives, silent before oppression, indifferent to humiliation, accepting the erosion of Islam?

O people! You are being sold — your dignity, your sovereignty, your courts, your honour! You must awaken. You must rise.

Perhaps by tomorrow, they will come for me. Perhaps by tomorrow, I will be taken away. I tell you today — I may not be among you by tomorrow. I have made my duty clear. I have shouted. I have warned.

If they kill me, let it be known that I died defending Islam. If they silence me, let the people rise in my place. If they exile me, let this speech be my final will.

But I swear by God — if you remain silent, you will all be enslaved. Islam will be trampled, and you will no longer be a nation.

O people! All our calamities come from America. All our sufferings come from Israel, and Israel itself is born of America. These ministers, these deputies, these officials, they are all chosen by America. If it were not so, why do they not stand up and speak against it? Why do they remain silent?

America is the source of our ruin. Israel and its agents are the claws through which America tears apart the Muslim world. They are the ones who humiliate us, rob us, and then call it reform and civilization.

Once, during the days of the late Martyr Ayatollah Modarres, an ultimatum came from Russia demanding submission to their terms. The government pressured the parliament to accept. An American historian writes that at that moment, a frail cleric, trembling with age, walked to the podium and said, “Gentlemen, if we are to perish, why should we perish with our own hands?”

That one sentence of defiance gave courage to the parliament; they rejected the ultimatum, and Russia dared not act. This is the power of the ʿulamāʾ. A single righteous scholar stood before an empire and stopped its aggression.

And today, that is precisely why they want the hand of the clergy to be cut off, so that no such barrier remains between them and their ambitions.

I can no longer remain silent. My heart is burdened with so much pain that I can hardly speak. Yet I tell you: you are responsible, every one of you. Speak to your friends. Spread awareness. The scholars must awaken the people, and the people must raise their voices.

Protest peacefully but firmly. Object to the parliament. Object to this government. Ask them: Why did you do this? Why did you sell us? Are we your slaves?

This parliament is illegitimate. These deputies are not representatives of the people. And even if they once were, by betraying the country, they have automatically lost that right. These are not deputies of the nation — they are traitors to Iran, to Islam, and to the Qur’an.

Know this well: we do not recognize this Capitulation law. It has no legal validity. We do not recognize this parliament as legitimate. We do not recognize this government as a lawful government.

They are traitors: traitors to the religion, to the nation, to the very essence of independence. Their signatures are stains of disgrace upon the history of Iran.

According to the very text of the Constitutional Law of Iran, no law can be valid unless supervised by the mujtahidīn, the jurists of Islam. Without the approval of religious scholars, every law passed by such a parliament is null and void.

If even one true scholar were present in that assembly, he would have stood up and silenced these men. He would never have allowed this disgrace to occur.

And as for those who pretended to oppose this law, I ask them: Why did you not rise from your seats? Why did you not throw dust upon your heads in shame? Why did you not grab that man by the collar and throw him out? You said, “We oppose,” and then sat quietly, flattering your oppressors. That is not opposition. You should have shouted, you should have stormed the parliament, you should have fought to stop this.

You saw what happened — and you let it pass. Such a parliament has no right to exist. Expel them from it!

We do not accept this law. We do not accept this parliament. We do not accept this government.
They are traitors to Islam and to the Iranian nation.

O God, reform the affairs of the Muslims. O Lord, grant strength and honour to the sacred religion of Islam. O God, destroy those who have betrayed this land, who have betrayed Islam and the Qur’an.

“Wa al-salāmu ʿalaykum wa raḥmatullāhi wa barakātuh.”
Peace be upon you, and the mercy and blessings of God.