Iraq’s Federal Supreme Court has delayed its decision on whether to reinstate the annulled Khor Abdullah maritime agreement with Kuwait. This intensifies legal and political tensions over the vital waterway that supports Iraq’s maritime trade.
The court announced on Tuesday that it would postpone hearings on appeals filed by President Abdul Latif Rashid and Prime Minister Mohammed Shia al-Sudani until 30 April. No reason was provided for the delay.
The appeals challenge the court’s September 2023 ruling that struck down Law 42 of 2013. This law ratified the Iraq-Kuwait agreement on navigation through the 120-km Khor Abdullah channel.
During an interview with The New Arab last week, Hawre Tofiq, an adviser to the Iraqi president, dismissed reports that the president had filed an appeal. He was unavailable for further comment when contacted again by TNA.
The court previously ruled that the ratification lacked the constitutional two-thirds parliamentary majority required for international treaties. This move declared the law invalid. It also triggered diplomatic friction with Kuwait and fierce domestic debate over Iraqi sovereignty and constitutional authority.
Unusually, both the president and prime minister have independently sought to reverse the ruling. Their actions have prompted speculation over whether their motivations are legal, diplomatic, or political.
While Supreme Court rulings are typically final, Article 45 of its internal statute allows reconsideration. Reconsideration is possible under “constitutional or public interest” grounds, provided legal stability is not compromised.
