In diplomatic push, Iraq seeks to reinstate 2013 maritime deal with Kuwait

In a move to strengthen Iraq-Kuwait relations, the Iraqi President Abdul Latif Rashid and Prime Minister Mohammed Shia Al-Sudani have filed separate appeals to the Federal Supreme Court in Baghdad, urging the reversal of its September 4, 2023 decision that invalidated Law No. 42 of 2013, which ratified the bilateral agreement regulating navigation in Khor Abdullah.

President Rashid’s appeal cited constitutional and legal grounds, particularly Article 8 of the Iraqi Constitution, which commits Iraq to good neighborliness, peaceful conflict resolution, and honoring international obligations, according to Al-Jarida daily.

Prime Minister Al-Sudani also referenced Article 8, as well as the 1969 Vienna Convention on the Law of Treaties—specifically Article 27, which prevents countries from using domestic law to escape treaty commitments.

Al-Sudani clarified that the agreement concerns navigation—not border demarcation, which was settled under UN Resolution 833 of 1993—and stressed the importance of continued coordination with Kuwait on this crucial waterway. An Iraqi source stated that both appeals reflect Iraq’s strong commitment to honoring international treaties and maintaining constructive relations with neighboring states.

The Supreme Court had originally deemed the 2013 law unconstitutional due to procedural grounds, citing Article 61/Fourth of Iraq’s Constitution, which requires a two-thirds majority in Parliament to ratify treaties. Since the ruling, Kuwait and GCC states have consistently urged Iraq to reaffirm the agreement, while international actors have criticized the ruling’s flawed legal and historical basis.