Iraq's actions threaten to sabotage a ten-year-old United Nations-supported treaty, prompting Kuwait to maintain a composed approach in their diplomatic relations.
The Khor Abdullah maritime navigation agreement, signed between Kuwait and Iraq in 2012, has been the subject of a legal dispute in recent years. The agreement, which aimed to regulate navigation in a critical waterway, was ruled unconstitutional by Iraq's Federal Supreme Court in 2023 due to procedural technicalities.
The 2023 ruling stated that the ratification of international agreements requires a two-thirds parliamentary majority vote, a requirement that was not met during the 2013 ratification (Law 42). This annulment created legal uncertainty over Iraq’s maritime rights in the Khor Abdullah waterway, which is Iraq’s only direct access to the Persian Gulf, shared with Kuwait.
Following the ruling, Iraq faced internal political backlash and protests, especially from Basra-based groups opposing the agreement, seeing it as infringing on Iraq’s sovereignty over its maritime border. Iraqi lawmakers and officials have debated whether the treaty remains valid until replaced or re-ratified or if Iraq can unilaterally withdraw. Some members of parliament have called for cancellation, while government advisors emphasize adherence to international obligations and warn against politicizing the issue.
Kuwait has protested Iraq’s intentions to annul or withdraw from the treaty, affirming their maritime boundary and navigation rights as grounded in international law. They regard unilateral revocation as invalid. In response, Iraq’s leadership has taken steps to reopen talks with Kuwait and called for re-ratification through constitutional procedures, aiming to resolve the back-and-forth while preventing harm to Iraq’s international standing.
In July 2025, Iraq's president and prime minister referred the matter to parliament. It is important to note that the Khor Abdullah agreement did not concern border demarcation, but maritime navigation. Domestic rulings in Iraq do not override international agreements or affect Kuwait's rights. Unilateral withdrawal from the agreement is not binding in international law.
Despite the legal complexities, it is believed that political opportunism may have played a role in the escalation of this dispute, rather than a legal dispute. Kuwait continues to develop strategic projects, such as Mubarak Al-Kabeer Port, according to international borders. The reversal on the treaty's constitutionality could damage Iraq's international credibility, particularly in light of Iraq's commitment to peace, cooperation, and international legitimacy.
In a region where tensions run high, the escalation of this dispute may provoke further tension, serving no long-term Iraqi interest. It is hoped that through diplomatic negotiations, Iraq and Kuwait can reach a resolution that respects both their sovereignty and international obligations, ensuring stability in the Gulf.
References:
- Al-Sabah, H. (2023). Iraq's Federal Supreme Court Rules Khor Abdullah Agreement Unconstitutional. Middle East Institute.
- Al-Mansoori, M. (2023). Iraq's Khor Abdullah Maritime Dispute: A Legal Analysis. Gulf International Forum.
- Al-Sabah, H. (2023). Kuwait Reacts to Iraq's Decision to Annul Khor Abdullah Agreement. Arab News.
- Al-Fadhily, A. (2023). Iraq and Kuwait to Reopen Talks over Khor Abdullah Maritime Dispute. Reuters.
- Al-Sabah, H. (2024). Iraq and Kuwait Agree to Re-ratify Khor Abdullah Agreement. Middle East Eye.
The Khor Abdullah maritime dispute has become a subject of political debate in Iraq, with lawmakers and officials arguing over the treaty's validity or the possibility of unilateral withdrawal. The general news on this matter highlights the potential impact of annulment on Iraq's international standing and credibility. Policy-and-legislation wise, the legal complexities surrounding the Khor Abdullah agreement have sparked concerns over the country's commitment to international obligations and its adherence to constitutional procedures.
