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Iraq Appeals Supreme Court Ruling on Khor Abdullah Maritime Agreement with Kuwait

Iraqi President Abdul Latif Rashid and Prime Minister Mohammed Shia Al-Sudani have filed separate appeals. These appeals are against a Federal Supreme Court ruling that nullified a bilateral agreement with Kuwait governing navigation in the Khor Abdullah waterway.

The court had declared the agreement unconstitutional in a controversial decision issued in September 2023. The Iraqi leadership now seeks to overturn that ruling and restore the more than decade-old maritime accord. This accord had been a key element of cooperation between the two Gulf neighbors.

Sources familiar with the matter confirmed that the appeal was made at the personal request of President Rashid. In his appeal, the Iraqi president emphasized that the agreement aligns with international laws and conventions. He noted it is consistent with Iraq’s constitutional principles of non-interference and “good neighborliness.”

Prime Minister Al-Sudani also pointed to the Vienna Convention on the Law of Treaties. He noted that the convention prohibits nations from using internal legal arguments to override international obligations. According to Al-Sudani, annulling the Khor Abdullah agreement contradicts Iraq’s constitutional commitment to honor international treaties. It also affects Iraq’s efforts to promote peaceful regional relations.

The prime minister clarified that the agreement is not related to border demarcation. Instead, it regulates maritime navigation in a shared waterway. He described the pact as highly significant for maintaining orderly and lawful maritime passage between Iraq and Kuwait.

Kuwait had earlier criticized the court’s decision, describing it as based on “historical fallacies.” The Iraqi appeals aim to reaffirm the country’s adherence to international norms. They also aim to safeguard the strategic importance of its agreements with neighboring states.

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