Zidane warns of grave consequences if 2012 Kuwait-Iraq treaty is abrogated
Cancelling Kuwait-Iraq treaty threatens diplomatic stability; Iraqi Chief Justice says nullification of treaty violates international law; Iraqi Federal Council accused of overstepping powers on 2012 pact
Chief Justice of Iraq’s Supreme Judicial Council, Faiq Zidane, has issued a stark warning about the serious repercussions of any move to cancel the 2012 Kuwait-Iraq maritime navigation treaty, describing such actions as a violation of both domestic legal principles and international obligations.
In a detailed statement addressing recent legal and political developments, Zidane accused the Federal Council of exceeding its constitutional powers by seeking to annul the 2012 agreement, which regulated navigation in the Khor Abdullah waterway and helped address the consequences of Saddam Hussein’s 1990 invasion of Kuwait, according to news reports.
Zidane emphasized that the treaty formed part of Iraq’s post-Saddam international rehabilitation, and its annulment would undermine more than 400 international agreements, jeopardizing Iraq’s legal credibility. He noted that judicial authorities had wrongly expanded their jurisdiction by relying on internal procedural texts that contradict Iraq’s constitutional and legal frameworks. These actions, he warned, interfere with matters reserved for the higher courts, particularly in relation to international treaties.
One of the most controversial judicial moves was a ruling that nullified the 2012 agreement, despite its approval by the Iraqi parliament and affirmation by a 2014 Federal Court ruling.
That 2014 decision had aligned with the constitution and established a stable legal foundation for Iraq’s dealings with Kuwait and the international community. In contrast, a 2023 court ruling rejecting the agreement has already caused significant diplomatic tensions.
Zidane argued that the 2014 ruling should be upheld, noting it brought clarity both domestically and abroad, while the newer decision contradicted Iraq’s legal commitments and risked isolating the country diplomatically. He added that interstate agreements are protected by legal safeguards that prevent unilateral revocation under the guise of “reform” or “sovereign development.”
Zidane concluded by stressing that Iraq’s legal institutions must operate within the constitutional framework, and any deviation could have far-reaching consequences for Iraq’s international standing and regional stability.
