Iraq's revoked Khor Abdullah maritime deal with Kuwait unleashes legal and political fallout

Iraqi Prime Minister Mohammed Shia al-Sudani is facing mounting scrutiny over his government's response to a 2023 Supreme Federal Court decision that annulled the Khor Abdullah maritime agreement with Kuwait.

The ruling has sparked debate over Iraq's constitutional obligations, its international commitments, and its maritime rights in the Gulf. However, advisors to Mr. Sudani consider the criticism as part of an early election campaigning.

The treaty, signed in 2012 and ratified by Iraq's parliament in 2013 as Law 42, was designed to regulate navigation in the Khor Abdullah waterway. 

However, Iraq's top court ruled the law unconstitutional due to the lack of a two-thirds majority vote required for ratifying international agreements. The decision sparked concern in Kuwait and complicated the country's bilateral maritime arrangements.

Some Iraqi lawmakers and legal experts argue that the annulment voids the treaty and requires the government to notify the United Nations and other international bodies. Others within the government say the agreement remains valid until it is either replaced or re-ratified through constitutional channels.

Fadi al-Shammari, political advisor to the prime minister, speaking to the Iraqi News Agency (INA), dismissed the allegations that al-Sudani was obstructing the implementation of the court's ruling. He described the controversy as being fuelled by political rivalries and early election campaigning ahead of the 11 November parliamentary elections.

Prime Minister al-Sudani is rerunning for office via a new electoral bloc called Reconstruction and Development. 

"The Iraqi land is sacred, and we will not tolerate any compromise over it. Everything being said about the Khor Abdullah issue is politically and electorally driven misinformation," he said. "The agreement is about regulating navigation, not demarcating borders or ceding territory. It was approved by both countries in 2013. So why are objections only surfacing now, more than a decade later?"

For his part, MP Alia Nassif from the bloc also argued on Monday that the Khor Abdullah issue is being used for electoral gain.

"Promoting the Khor Abdullah issue as electoral propaganda does not serve the country’s interests. The Federal Supreme Court’s rejection of the navigation agreement means it must be returned to parliament for a vote," she also told INA. "The agreement is a law, and the Federal Court only annulled one article. The remaining articles are still in effect. The annulled article is the one that requires amendment and a new vote."

In April, independent MP and former Transport Minister Amir Abdul Jabbar Ismael filed a complaint against the Prime Minister under Article 329 of the Iraqi Penal Code, which addresses the abuse of power and obstruction of justice. Ismael claimed that al-Sudani had instructed ministries not to forward the court's decision to the United Nations and the International Maritime Organisation, as required under the now-annulled treaty.

"The prime minister is duty-bound to implement the court’s judgment, not to delay or conceal it," Ismael said. In response, al-Sudani filed a counter-complaint accusing the MP of defamation and forging the realities. 

Sheikh Latif Mustafa, an expert in constitutional law and a former Iraqi MP, told The New Arab that the treaty cannot be reinstated unless the court reverses its decision or parliament re-approves the agreement with the constitutionally required majority. Both scenarios are considered unlikely. Many experts and public figures are instead calling for new negotiations with Kuwait based on revised legal and maritime frameworks.

Wael Abdullatif, a former judge and MP from Basra, said to TNA, "The court’s decision is final and binding. Not implementing it is a constitutional violation. The prime minister’s reluctance to act could have long-term consequences for Iraq’s sovereignty in the Gulf."

On 8 July 2025, Iraq's president, prime minister, and parliament speaker met to address the issue. In a joint statement, they reaffirmed Iraq's commitment to international obligations and warned against politicising the matter. They also agreed to withdraw two legal appeals and urged lawmakers to revisit the agreement through constitutional procedures.

The debate over Khor Abdullah has also highlighted Iraq's broader maritime vulnerabilities. Economic researcher Ziyad al-Hashimi said Iraq currently lacks an official claim to an Exclusive Economic Zone (EEZ) in the Gulf. Under the United Nations Convention on the Law of the Sea (UNCLOS), coastal states may claim an EEZ of up to 200 nautical miles, provided it does not conflict with neighbouring states.

"Iraq does not currently have an officially recognised EEZ due to overlapping waters and the absence of a formal claim," al-Hashimi wrote on X. "This limits Iraq's rights to fishing, offshore energy exploration, and investment in marine infrastructure."

He called on the Iraqi government to launch negotiations with Kuwait and Iran to resolve maritime boundary overlaps. If talks fail, he said, Iraq should consider international arbitration through the International Tribunal for the Law of the Sea (ITLOS).

"If Iraq delays further, its silence could be interpreted as a tacit waiver of its rights, especially as Kuwait continues submitting updated maritime maps to the United Nations," he added.

Al-Hashimi also raised concerns over Kuwait’s land reclamation near the Grand Faw Peninsula. He argued that artificial land expansions could be used to reinforce Kuwaiti maritime claims, potentially limiting Iraq's access to strategic waters.

On 17 July 2025, Iraq and Kuwait held their tenth session of the Joint Technical and Legal Committee on maritime borders. Talks focused on the area beyond United Nations marker 162—the final point in the 1993 demarcation under UN Security Council Resolution 833.

While Kuwait confirmed the meeting, the Iraqi government has not issued a formal statement. News of the talks sparked criticism from Iraqi lawmakers and former officials, who argue that further negotiations beyond marker 162 could undermine Iraq's sovereignty and impact access to infrastructure like the Grand Faw Port.

As diplomatic and domestic pressures grow, analysts say Iraq will need to adopt a clear strategy—combining legal measures, negotiations, and international engagement—to defend its maritime interests and avoid further political fallout.