Iraq’s Federal Supreme Court has postponed until April 30, 2025, the hearings on two appeals submitted by President Abdul Latif Rashid and Prime Minister Mohammed Shia Al-Sudani, challenging the court’s earlier decision to annul Law No. 42 of 2013. This law had ratified the agreement between Iraq and Kuwait on the regulation of maritime navigation in Khor Abdullah.
According to the official court schedule, the two appeals will be reviewed during adjourned sessions on the specified date without oral pleadings, though the court did not provide any explanation for the postponement.
The appeals, submitted separately by both the President and the Prime Minister on April 15, contest the September 4, 2023 decision, in which the Federal Supreme Court ruled Law No. 42 of 2013 unconstitutional.
That law had formalized the bilateral agreement between the governments of Iraq and Kuwait concerning the joint management of maritime navigation in Khor Abdullah — a strategic waterway that holds both economic and geopolitical significance for both nations.
The court’s earlier verdict declared the law invalid on the grounds that it contravened Article 61, Clause Fourth, of Iraq’s Constitution.
This constitutional provision stipulates that the ratification of international treaties and agreements must be approved through legislation passed by a two-thirds majority of the Iraqi Parliament. The court found that this procedure had not been properly followed in the passage of Law No. 42.
As regional and international attention continues to focus on Iraq-Kuwait relations, particularly regarding maritime boundaries and sovereignty, the outcome of these appeals could have far-reaching implications for both countries’ diplomatic and legal frameworks.
