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Subscriptions help us deliver original coverage of the region's most important issues.The story: Kuwait is ramping up pressure on Iraq to safeguard a 2012 deal on the demarcation of boundaries in a small but vital waterway. Tensions have escalated after a top Iraqi court earlier this month challenged the agreement, which regulates navigation in the Khor Abdullah passage.
Apart from Kuwaiti pressure, other Gulf Cooperation Council (GCC) member states and the US have also urged the demarcation of Iraq-Kuwait maritime boundaries. On the other hand, some observers have linked the timing of the contention to Iran’s parallel dispute with Kuwait and Saudi Arabia over an offshore gas field.
The coverage: Iraq’s Federal Supreme Court on Sept. 4 ruled that the Iraqi parliament’s 2013 ratification of the 2012 Khor Abdullah agreement was “unconstitutional.”
The ruling has been welcomed by some political allies of Iraqi Prime Minister Muhammad Shia’ Al-Sudani.
The ruling has sparked escalating contention between the two neighbors. Kuwaiti Prime Minister Sheikh Ahmad Nawaf Al-Ahmad Al-Sabah on Sept. 21 said Iraq must adopt “concrete, decisive, and urgent measures” to “address historical fallacies against Kuwait” in the court ruling.
The Iraqi News Agency (INA) reported that Sudani told Sabah that Iraq is committed to “joint agreements” and respects Kuwaiti territory.
Amid the heightened tensions with Iraq, Kuwait has been quick to seek support from its GCC and western allies. Kuwaiti Foreign Minister Sheikh Salem Abdullah Al-Jaber Al-Sabah on Sept. 20 met with his Gulf Arab and US counterparts on the sidelines of the UNGA.
The context/analysis: The Khor Abdullah waterway is located in the north of the Gulf, separating Kuwait’s Bubiyan and Warbah Islands and Iraq’s Al-Faw Peninsula.
In 2012, Iraq and Kuwait signed an agreement to regulate navigation in Khor Abdullah and delimit the maritime boundary up until point 162 in the waterway. The following year, the accord was ratified by the respective national legislatures and deposited at the UN. However, the deal has continuously been a source of contention.
The Iraqi Federal Supreme Court’s ruling this month was notably issued in response to an appeal that a Hoquq Movement lawmaker lodged back in May. At the time, the MP stated that only 122 out of Iraq's then 325-member parliament had voted to ratify the Khor Abdullah agreement.
The Arash/Dorra field has been a bone of contention between Iran and Kuwait since its discovery in 1967.
In Mar. 2022, Kuwait and Saudi Arabia signed a breakthrough deal to develop their portion of the field, which is located in the neutral zone between the two Gulf Arab states.
GCC-Iran relations have markedly improved over the past year. In Aug. 2022, Kuwait sent an ambassador to Tehran for the first time in six years. Moreover, in Mar. 2023, Riyadh and Tehran agreed to normalize relations under a China-mediated deal.
The future: While some observers argue that the Iraqi court ruling is not binding for Kuwait, it prohibits the Iraqi government and legislature from basing any decision—including the demarcation of maritime borders with Kuwait—on the Khor Abdullah agreement.
The bigger picture is that Iraq-Kuwait relations have steadily improved over the past decades, particularly with Baghdad’s payment of war reparations. Last year, Iraq settled the final tranche of 52.4B USD of compensation granted to Kuwait over the 1990 invasion.