Marine treaty with Kuwait in limbo as Iraqi leaders withdraw legal appeals at top court

The fate of the revoked Khor Abdullah maritime treaty between Iraq and Kuwait remains in limbo, pending a new vote by the Iraqi parliament after the country's prime minister and president withdrew two legal appeals from the Supreme Federal Court.

The controversy stems from a ruling issued by the court in September 2023, which struck down Law 42 of 2013 that ratified the Iraq-Kuwait maritime treaty. The court determined that the law had been passed without securing the constitutionally required two-thirds majority in parliament. The decision sparked outrage in Kuwait and led to a surge in diplomatic tensions between the two neighbours.

Since the ruling, both President Abdul Latif Rashid and Prime Minister Mohammed Shia' al-Sudani had filed appeals seeking to reverse the decision. However, the Supreme Federal Court repeatedly postponed its hearings—initially set for 22 April, then 30 April, and later pushed to mid-June—without offering any formal explanation, fuelling allegations of political interference.

On 8 July 2025, Iraq's top political leaders held a high-level meeting at Baghdad Palace to discuss urgent domestic priorities and the rapidly evolving regional context. The talks brought together President Rashid, Prime Minister al-Sudani, and Speaker of Parliament Mahmoud al-Mashhadani.

In light of the court's ruling, the three leaders agreed on a unified course of action: parliament must take prompt legislative steps to re-ratify the treaty in line with constitutional procedures laid out by the Supreme Federal Court. Accordingly, the Presidency and Cabinet would withdraw their previously submitted appeals, allowing the matter to proceed through the legislative process rather than the judiciary.

Iraq reaffirmed its full commitment to international agreements, United Nations charters, and Security Council resolutions. The leaders stressed the importance of responsible engagement with international obligations and warned against using such sensitive matters for political gain or media sensationalism. Irresponsible discourse, they cautioned, could jeopardise Iraq's legal rights, harm its global standing, and threaten core national interests.

Iraq's top judicial authority has appointed a new chief for the Federal Supreme Court to contain a growing legal crisis stemming from political interference and pressure over the disputed maritime treaty.

In late June, the Higher Judicial Council announced the nomination of Judge Munthir Ibrahim Hussein, currently Deputy Head of the Federal Cassation Court, to replace outgoing Chief Justice Jassim Mohammed Aboud al-Omairi, who stepped down citing health reasons.

The maritime agreement has its roots in a 1993 United Nations Security Council resolution that demarcated Iraq's borders following the 1990 invasion of Kuwait and the subsequent defeat of Saddam Hussein's forces by a US-led coalition. Signed in 2012 and ratified by Iraq's parliament in 2013, the agreement delineated control over the 120-kilometre waterway situated between Kuwait’s Warbah and Bubiyan islands and Iraq's Al-Faw Peninsula. The channel feeds into Khor al-Zubair, which leads to Iraq's strategic port of Umm Qasr in Basra province.

"The constitution is clear—only parliament, with a supermajority, can ratify treaties," former Iraqi border negotiator Jamal al-Halbousi told The New Arab in May. "Reviving the treaty without following proper procedure could cost Iraq control over vital maritime territory."

In an exclusive interview with TNA in 2023, he said that regarding Iraq's maritime borders, Iraq is entitled to 84 nautical miles in the Gulf under the 1982 Law of the Sea Convention (LOSC), which gives Iraq superior rights in the Durra-Arash offshore gas field compared to Kuwait, Saudi Arabia, and Iran.

When asked why he was dismissed as the head of Iraq's negotiating delegation for border demarcation with Kuwait, Halbousi said he had uncovered a Kuwaiti scheme for border demarcation in 2013 and alerted the Iraqi authorities. Instead of being rewarded, he was removed from his post and subjected to interrogation on "false charges, and terrorism-related accusations to bury the Khor Abdullah issue."

During an appearance on a programme aired by the Iraqi Al-Falluja TV channel, Halbousi stated that any Iraqi MP who votes to revive the treaty would be committing an act of "treason," adding that activists would urge the Iraqi people to stage large-scale protests to reject any attempt to restore the agreement.

Amid growing public discontent, Iraqi activists have launched a campaign declaring that Khor Abdullah belongs to the Iraqi people. They are urging MPs to reject the treaty and restore the inlet to full Iraqi control.

"Yes, our inlet – #Khor_Abdullah_Al-Tamimi – We won't give it up. Listen to me, all of you," al-Halbousi posted on the social media platform X.