College of Law

 

Specialized legal article

Dr. Ahmed Faris Idris

Faculty of Law – University of Mosul

Introduction

The Khor Abdullah is one of the most important strategic sea lanes for Iraq, as it represents the vital sea outlet leading to the ports of Umm Qasr and Khor Al-Zubair. The legal issue around this creek emerged after 1993 when the United Nations issued Resolution 833, which drew the border between Iraq and Kuwait based on the recommendations of the United Nations Boundary Demarcation Commission, which re-demarcated part of the Khor Abdullah in favor of Kuwait.

Legal aspects:

– Resolution 833 (1993) was passed under Chapter VII of the UN Charter, as one of a series of sanctions and measures following Iraq’s invasion of Kuwait in 1990.

– Iraq later tacitly accepted the resolution as part of efforts to lift sanctions, but did not legislatively ratify it through parliament, leaving a domestic legal implication regarding the legitimacy of full implementation.

Problematic points:

1. Iraq considers that the demarcation of the maritime boundary violated its sovereignty over an important part of its shipping lane.

2. Kuwait considers that this was done in accordance with binding international resolutions that cannot be reversed.

3. The confusion between the concepts of “demarcation” and “regulation of navigation” has caused a state of political and legal ambiguity.

Legal position:

– According to international law, Security Council resolutions under Chapter VII are binding on member states, including Resolution 833.

– However, from the perspective of national sovereignty, any waiver of borders must be ratified according to national constitutional procedures, which is not the case in Iraq, according to the Iraqi parliament.

– This issue opens an important debate about the balance between international obligations and national constitutional legitimacy.