Kuwait-Iraq 2012 treaty lawful and transparent: Zebari

In a recent television interview, former Iraqi Foreign Minister Hoshyar Zebari offered unprecedented insight into the background of the Khor Abdullah agreement signed between Kuwait and Iraq in 2012 to regulate maritime navigation.

Zebari defended the agreement as legitimate, transparent, and necessary, criticizing recent attempts to politicize the issue as part of an election campaign and political posturing, reports Al-Rai daily.

Zebari called the renewed debate a “political provocation,” noting that the agreement had been signed openly in the presence of key Iraqi leaders and the media.

It was ratified by the Iraqi Council of Ministers and passed by Parliament in 2013 under Law No. 42, as part of broader efforts to meet United Nations requirements for exiting Chapter VII obligations.

He explained that the ratification followed the legal framework in force at the time, specifically Law No. 111 of 1979 from the former regime, which remained valid until Iraq adopted new constitutional amendments.

Only in 2015 did Parliament enact the Treaty Conclusion Act No. 35, requiring a two-thirds majority for ratifying treaties—a law passed two years after the agreement was approved.

Zebari further criticized the Federal Supreme Court’s 2023 decision to invalidate the agreement based on the ratification process, even though the court had previously dismissed an appeal in the early 2010s on the grounds that treaty ratifications were outside its jurisdiction.

He described the reversal as damaging to Iraq’s credibility, warning that it undermines the country’s international commitments and its relationship with Kuwait, a neighboring state working to overcome a troubled history.