Al-Maliki sends a message to Kuwait: Surrender to logic.. We will not allow the Federal Court to be bypassed
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Baghdad today - Baghdad
Today, Saturday (September 23, 2023), member of the Parliamentary Legal Committee, Raed Al-Maliki, called on Kuwait to accept the ruling of the Federal Court and communicate with the Iraqi government to conclude a new agreement to demarcate the maritime borders.
Al-Maliki said in a statement received by "Baghdad Today", "It is natural for Kuwait to adhere to the validity of the Khor Abdullah Agreement and to defend its survival in its current form because it included an Iraqi concession completely in its interest and at the expense of the Iraqi interest."
He added: “But Kuwait must submit to common sense, as the rules of international law (and I am referring here to the Vienna Convention on the Law of Treaties) do not grant binding status to agreements concluded in contravention of the provisions of national constitutions and the internal laws of states, nor do they recognize contracts that are built on the basis of corruption of a state representative.” ".
Al-Maliki called on Kuwait, “to accept the ruling of the Federal Court and communicate with the Iraqi government to conclude a new agreement to demarcate the maritime borders, and we reject any violation of the Federal Supreme Court, which exercises its jurisdiction in accordance with the Constitution and in the name of the people.”
The Kuwaiti Council of Ministers renewed its rejection of the ruling of the Federal Court in Iraq declaring the unconstitutionality of the agreement regulating maritime navigation between the two countries in Khor Abdullah, which the Iraqi Parliament voted on in 2013.
The Council of Ministers said in a statement, on Tuesday (September 19, 2023), that the rationale for the ruling included false historical allegations.
The foreign ministers of the Gulf Cooperation Council countries called on Iraq to take serious and urgent steps to address the negative effects of these developments.
On September 4, the Federal Supreme Court in Iraq ruled that the aforementioned law was unconstitutional, and Kuwait later delivered a protest note to its Iraqi ambassador against the background of the aforementioned ruling.
A statement by the Kuwaiti Foreign Ministry said that the Assistant Foreign Minister handed the Iraqi ambassador, last Friday, a note of protest against what was mentioned in the merits of the ruling, regarding the agreement concluded between the two countries to regulate navigation in Khor Abdullah.
The court based its decision on deeming the vote unconstitutional. Because he did not obtain a two-thirds majority of the members of the House of Representatives, as stipulated in Article 61 of the Constitution.
The agreement divided the port of Khor Abdullah between Iraq and Kuwait. It is located in the far north of the Gulf between the Kuwaiti islands of Warba and Bubiyan and the Iraqi Al-Faw Peninsula. It extends into Iraqi territory, forming Khor Al-Zubair, in which the port of Umm Qasr is located in the Basra Governorate in southern Iraq.
Khor Abdullah is one of the most prominent files related to the issue of demarcating the maritime borders between the two countries. The agreement was ratified in Iraq in 2013 in implementation of UN Security Council Resolution No. 833 of 1993 after the Iraqi invasion of Kuwait in 1990, and in completion of the procedures for demarcating the borders between the two countries.
Source: Baghdad Al-Youm + agencies
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