Iraqis protest maritime deal with Kuwait as court delays ruling

Supreme Court postpones decision to June on whether to reinstate Khor Abdullah pact

Boats moored at the port of Umm Qasr. Critics accuse Kuwait of seizing deepwater access, including parts of Umm Qasr. AP

Dozens of Iraqis gathered on Wednesday outside the heavily fortified Green Zone in Baghdad, demanding the country's highest court reject a request by its leaders to reinstate a deal with Kuwait that regulates a waterway separating the two countries.

The Federal Supreme Court was supposed to hear requests filed separately by Iraqi President Abdul Latif Rashid and Prime Minister Mohammed Shia Al Sudani to reverse its 2023 ruling that struck down the agreement on maritime navigation and delineation of the Khor Abdullah waterway. It postponed the session to June 22.

The deal draws a line in the middle of Khor Abdullah and stipulates that “each party shall exercise its sovereignty over that part of the waterway”.

As Iraq's only access to the Arabian Gulf, the 120km channel is critical for Iraqi oil exports and imports.

In its ruling in September 2023, the highest court annulled an Iraqi law ratifying the deal, which was agreed with Kuwait in 2012. The legal challenge was filed by several Iraqi MPs.

The court declared that the law was unconstitutional because it should have been passed with a two-thirds majority in parliament, as required for international treaties, not a simple majority.

“These requests are the greatest treason,” Amir Abdul-Jabar, who served as Iraqi transport minister from 2008 to 2010, told the gathering outside the Green Zone on Wednesday, referring to the latest court challenge by the President and Prime Minister.

He claimed the protesters had been prevented by security forces from reaching the court building despite receiving approval from authorities.

“We are here today to show support for the Federal Supreme Court as it is looking into the case,” he said.

The 2023 ruling had “washed away the shame of every politician and government official who signed the deal and approved it inside the parliament”, Mr Abdul-Jabar added. “This agreement is void.”

Some of the protesters held Iraqi flags and wrapped them around their shoulders. Others shouted: “Khor Abdullah is Iraqi, it's not yours to sell it out. This water will not be sold.”

One demonstrator, Mustafa Imad, told the protesters that the court was under immense pressure to revive the deal with Kuwait but said doing so would be a “sell-out”.

The Khor Abdullah waterway curves around Kuwait's Bubiyan and Warba islands on one side and Iraq's Al Faw Peninsula on the other. The agreement with Kuwait stipulates the deal “shall remain in effect indefinitely”, but it can be mutually terminated with six months notice.

Iraqi critics consider the deal unfair, saying Kuwait has no right to control any part of Khor Abdullah, which historically was known as an Iraqi canal. They argue the agreement is meant to delineate a maritime border and not regulate navigation. With the deal in place, Iraqi ships would need to pay for Kuwaiti approvals when they cross into its waters. The deal could also affect negotiations on setting an official maritime boundary, an issue that remains unresolved between the two nations.

Critics also accuse Kuwait of seizing deepwater access, including parts of Umm Qasr, while Iraq has been left with less useful shallow waters.

The fact that both Iraq's President and Prime minister have independently sought to reverse the ruling has prompted speculation about whether their motivations are legal, diplomatic, or political.