Sep. 22, 2023

Deep Dive: Iraq-Kuwait tension escalates amid renewed focus on maritime boundary

Iraq/Diplomacy

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 top court judged that a sufficient number of MPs did not ratify the accord. Article 61 of Iraq’s constitution stipulates that such agreements must be approved by two-thirds of lawmakers.

The ruling has been welcomed by some political allies of Iraqi Prime Minister Muhammad Shia’ Al-Sudani.

  • Hoquq Movement MP Saud Al-Saadi on Sept. 4 celebrated the “annulment” of the Khor Abdullah agreement, describing it as the “beginning of victories.” He added that the pursuit of the top court’s “rejection” of UN Security Resolution 833, which sets out land borders, is next on the agenda.

  • State of Law bloc MP Alya Nsaif on Sept. 4 portrayed the Federal Supreme Court’s judgment as a “victory for justice” and that Baghdad can now “lodge a complaint at the UN…to restore Iraq’s rights.”

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.

  • Sabah also expressed Kuwait’s “desire to finalize the border demarcation process with Iraq.” Of note, mainly land frontiers were agreed in the aftermath of Iraq’s 1990 invasion of Kuwait. 

  • The Kuwaiti premier made the remarks in a meeting with his Iraqi counterpart on the sidelines of the United Nations General Assembly (UNGA) in New York.

The Iraqi News Agency (INA) reported that Sudani told Sabah that Iraq is committed to “joint agreements” and respects Kuwaiti territory.

  • However, avoiding direct comment on the Iraqi Federal Supreme Court’s ruling, Sudani said he favors the “convening of joint committees and the exchange of officials and experts’ visits…[to] overcome all obstacles.”

  • Two days earlier, INA quoted Iraqi Chief Justice Faiq Zidan as emphasizing the importance of implementing bilateral agreements “within the constitutional and legal contexts.” Zidan notably made the comments in an exchange with the Kuwaiti ambassador to Baghdad.  

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.

  • Kuwait’s Al-Qabas daily on Sept. 20 reported that the GCC and US chief diplomats issued a joint statement urging Iraq to “finalize the demarcation” of the maritime border with Kuwait.

  • Qabas added that Baghdad was urged to “resolve the internal legal situation” to ensure the continued regulation of navigation in Khor Abdullah.

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.

  • Approximately 80% of Iraq’s imports are reportedly shipped into the country through the Khor Abdullah passage.

  • Following the 1990 Iraqi invasion of Kuwait, mainly land boundaries were in 1993 set out under UN Security Council Resolution 833. But maritime borders were not fully demarcated, with the two neighbors left to resolve the issue on their own.

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.

  • In 2019, Baghdad submitted several complaints to the United Nations over Kuwait’s alleged violations of maritime borders and installment of port facilities “without Iraq’s knowledge and approval.” Kuwait responded by asserting that its actions were “in exercise of its sovereignty.”

  • In 2020, Kuwait sent a letter to the UN complaining that Iraq had not provided updates on the development of Faw Port. Iraq responded by reiterating that “to delimit the maritime boundary beyond point 162, the baseline of the territorial sea of Iraq must be demarcated,” also pointing to the “technical aspects” of Iraq’s pending contention with Iran over the Arvand/Shatt Al-Arab border river. Notably, Baghdad further pointed out that “Kuwait has still not settled the matter of its maritime boundary with the Islamic Republic of Iran.”


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.

  • Given that the Hoquq Movement is affiliated with the Iran-backed armed group Kata’ib Hezbollah, some observers have linked the timing of the appeal to Tehran’s ongoing dispute with Kuwait and Saudi Arabia over a shared offshore gas field.

The Arash/Dorra field has been a bone of contention between Iran and Kuwait since its discovery in 1967.

  • The first round of talks between Iran and Kuwait to define their maritime boundary was held in 1963. Following the second round of talks in 2000, Iran moved to begin extraction at Arash/Dorra but Kuwait threatened a lawsuit—thereby halting work.

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.

  • Iran reacted by questioning the legality of the Kuwaiti-Saudi deal, saying that it goes “against past negotiations.” It also underscored that parts of the field extend into waters between Kuwait and Iran “whose boundaries have not been defined.”

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.

  • Despite the GCC-Iran rapprochement, the dispute of Arash/Dorra has continued. In July, Saudi sources asserted that the Kingdom and Kuwait would act as “a single negotiating party” in dealings with the Islamic Republic.

  • In the context of Kuwaiti-Saudi alignment against Iran over the gas field, some observers charge that the flaring up of the Iraq-Kuwait border dispute could be linked to the contention over Arash/Dorra. 


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.

  • While Sudani cannot ignore the court ruling, Baghdad is also unlikely to tear up the 2012 accord. At the same time, some experts have charged that the only way forward is a renewed vote on the agreement in the Iraqi parliament, although such a scenario is improbable too.

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.

  • While Iraq may face heightened pressure from Kuwait and its GCC allies over the Khor Abdullah dispute, there are strong broader incentives between the two sides to resolve the contention amicably.
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