Reading: Iraq’s Court Faces Backlash Over Kuwait Waterway Deal

Iraq’s Court Faces Backlash Over Kuwait Waterway Deal

Amreen Hussain
9 Min Read
Court

Iraqis Protest as Court Reconsiders Maritime Deal with Kuwait

Basra, Iraq

Hundreds of Iraqis gathered in Basra today to protest a maritime agreement with Kuwait, as the nation’s Supreme Court prepares to review a previous ruling that annulled the deal. The 2013 agreement, concerning the Khor Abdullah waterway, has become a significant point of contention between the two nations. Many Iraqis view the agreement as a compromise of national sovereignty, with accusations that it undermines Iraq’s territorial rights.

This protest marks the latest development in a long-standing dispute that has deep political, legal, and regional implications. The waterway, which lies between Iraq’s Al-Faw Peninsula and Kuwait’s Bubiyan Island, is a key maritime route for both countries. While the agreement was intended to regulate navigation and promote cooperation, it has sparked strong opposition from various political factions and citizens in Iraq, particularly in Basra, the country’s key southern port city.

Background of the Dispute

The Khor Abdullah waterway has long been a vital maritime route for Iraq, connecting the Arabian Gulf with the Shatt al-Arab waterway, a crucial shipping corridor for the country. In 2012, Iraq and Kuwait signed an agreement to regulate this waterway, with the intention of resolving issues surrounding navigation and potential oil rights in the region. The agreement was officially ratified by Iraq’s government in 2013, following approval by the Iraqi Parliament.

However, the agreement became highly controversial over time. Many Iraqis felt that the deal gave too much control to Kuwait over the Khor Abdullah waterway and compromised Iraq’s sovereignty. As a result, there was growing opposition to the agreement, especially among politicians and citizens in the southern provinces of Iraq, including Basra, which is closest to the waterway.

In September 2023, Iraq’s Federal Supreme Court made a landmark decision that declared the agreement unconstitutional. The court ruled that the deal had not been passed with the required two-thirds parliamentary approval as stipulated by Iraq’s Constitution. This ruling was met with both support and opposition within the country, and it reignited tensions between Iraq and Kuwait.

Public Outcry and Political Repercussions

The court’s decision to annul the maritime agreement has sparked widespread protests, especially in Basra, where demonstrators accused the Iraqi government of undermining national sovereignty. Protesters waved Iraqi flags and chanted slogans such as “The canal is Iraqi,” calling for the annulment of the agreement and the preservation of Iraq’s rights over the waterway.

The protests reflect the deep political divisions within Iraq on this issue. Many political figures, especially those in Basra and other southern provinces, have voiced strong opposition to the agreement, arguing that it infringes upon Iraq’s territorial integrity. Members of Iraq’s Parliament, including MP Saud al-Saadi, have come out in support of the court’s ruling, emphasizing that Iraq must protect its national interests and avoid compromising its sovereignty.

At the same time, some members of the Iraqi government and international observers have expressed concerns that rejecting the deal entirely could harm Iraq’s relations with Kuwait and undermine efforts to stabilize the region. These tensions come at a time when Iraq is already dealing with several complex internal and external challenges, including rebuilding its economy, managing sectarian divisions, and responding to the ongoing influence of regional powers.

International Response and Diplomatic Efforts

The court’s ruling has triggered strong reactions from Kuwait and other international actors. Kuwait has condemned the decision, arguing that it is based on “historical fallacies.” Kuwaiti officials have called for Iraq to reconsider its position and urged Baghdad to take decisive steps to resolve the issue. Kuwait maintains that the agreement is in both nations’ best interests and ensures mutual benefits, particularly in terms of facilitating maritime navigation and oil exportation.

In response, the Gulf Cooperation Council (GCC) has expressed concerns over the ruling, emphasizing the need for both Iraq and Kuwait to uphold international agreements and work toward resolving disputes through dialogue. The United States has also weighed in, stressing the importance of adhering to international law and United Nations Security Council Resolution 833, which delineated the land border between Iraq and Kuwait.

These diplomatic appeals reflect the broader regional and global stakes in this dispute. Both Iraq and Kuwait are key players in the Gulf region, and the Khor Abdullah waterway is strategically important not only for economic reasons but also for regional security and stability. The U.S. and other international actors fear that if the dispute is not resolved peacefully, it could escalate into broader tensions that might destabilize the region.

Path Forward

Iraqi Prime Minister Mohammed Shia al-Sudani has expressed a commitment to resolving the dispute in a manner that respects both Iraq’s Constitution and international law. He has called for calm and rational dialogue, urging political leaders and the public to avoid populist rhetoric that could escalate tensions further. The prime minister has emphasized that Iraq’s territorial integrity must be safeguarded, but he has also highlighted the need for practical solutions that ensure Iraq’s future relations with Kuwait remain strong and stable.

The ongoing legal proceedings, in which Iraq’s Supreme Court will soon revisit the case, could be decisive in shaping the future of the Khor Abdullah agreement. While the court is expected to consider the constitutional issues surrounding the deal, there is also growing pressure on Iraq’s political leadership to ensure that any resolution takes into account both national interests and regional stability.

As the Supreme Court reviews the case, the outcome will not only have significant implications for Iraq-Kuwait relations but also for the broader Gulf region. A peaceful resolution to the dispute could pave the way for stronger economic ties between Iraq and Kuwait, as well as improved regional cooperation in areas such as trade, energy, and security. Conversely, continued legal and political deadlock could heighten tensions between the two nations and potentially lead to broader regional instability.

Both Iraq and Kuwait face the challenge of balancing their national interests with diplomatic obligations to maintain peace and cooperation in the Gulf region. For Iraq, the issue of the Khor Abdullah waterway is a symbolic one, representing national sovereignty and the protection of vital resources. For Kuwait, the deal represents a long-term commitment to ensuring the free and safe movement of goods through its maritime channels.

In the coming months, all eyes will be on the Iraqi Supreme Court and the Iraqi government to see how they navigate this complex issue. The outcome of this dispute will likely play a critical role in shaping the future of Iraq’s relations with its neighbors and its position in the wider Gulf region.

Conclusion

The Khor Abdullah waterway dispute between Iraq and Kuwait is far from resolved, and as protests continue to unfold in Basra, both governments face a crucial challenge in managing their differences. Whether through legal channels, diplomatic negotiations, or public discourse, the resolution of this dispute will significantly impact Iraq’s foreign policy and regional stability. The next steps in this process will be watched closely by both Iraq’s citizens and the international community, as the potential for both cooperation and conflict remains high.

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