Iraq News: Iraq's Supreme Court Strick Down Maritime Border Deal With Kuwait

Baghdad's top judges have struck down a maritime border deal under which Iraq and Kuwait share a key waterway into the Arabian Gulf.

A law ratifying a 2012 agreement between neighboring countries that regulates maritime navigation on the crucial waterway was annulled by the Iraqi Federal Supreme Court.

According to the ruling on Monday, September 4th, the 2013 law was unconstitutional because it was filed by Iraqi MPs last month.

Judges ruled that it should have been ratified by two-thirds of Parliament, not a simple majority.

Besides its oil exports, Khor Abdullah is Iraq's only entry to the Gulf.

The issue will be taken to the International Tribunal for the Law of the Sea because this agreement has been unilaterally terminated.

Lawyer Ali Al Timimi -

Originally signed during the First Gulf War, the deal stipulates that "each party shall exercise its sovereignty over that part of the waterway that lies within its territorial waters".

According to critics, Kuwait has no right to control any part of Khor Abdullah, which was historically an Iraqi canal.

Parliament approved the agreement with a simple majority in 2013.

According to the agreement, the deal will remain in effect indefinitely, and either party may terminate it with six months' notice, provided both parties agree to termination."

Iraqi judge Jassim Abud, president of the Federal Court, conducted an earlier hearing. 

A dispute between the two parties in implementing the agreement shall be resolved amicably through discussions or referred to the International Tribunal for the Law of the Sea.

According to Ali Al Timimi, the ruling revokes the existing agreement.

"The Federal Court's decision shall be final and binding on all authorities," Mr Al Timimi said.  "This agreement has been unilaterally canceled, and the issue will be brought before the International Tribunal for the Law of the Sea."

Government officials were not immediately available to comment on how the government and Parliament will deal with the ruling.

As a result of Saddam Hussein's 1990 invasion of Kuwait, the UN Security Council demarcated the land border with a resolution, granting Kuwait territory that Baghdad had previously held.

It was left to the two sides to resolve the maritime border.

In addition, the Kuwaiti Oil Minister and his delegation will visit Baghdad on September 10 to meet with the technical-legal committee on the maritime border.

Sheikh Salem's visit sparked public outcry, with Iraqis accusing the government of handing over more land and maritime borders to Kuwait, mainly Umm Qasr port.

According to the Iraqi government, the 1993 UN resolution was being implemented.

Politicians have alleged that some who assumed senior government positions were bribed by Kuwait to give concessions. No proof has been provided, and no case has been brought.

Iraq paid Kuwait $52.4 billion in war reparations for damage caused by the 1990 invasion early last year.

Kuwait and Iran are also involved in a dispute over the maritime border and the Al Durra offshore gasfield in the Arabian Gulf.

Saudi Arabia and Kuwait claim exclusive rights to Al Durra and have urged Iran to demarcate its maritime boundaries in order to validate its claim.

According to Iran, the Kuwaiti-Saudi agreement to develop the field last year was allegedly illegal.