Kuwait has announced that it has submitted an official response to the UN Security Council to an Iraqi complaint to the council accusing Kuwait of trying to change the maritime border between the two countries.
In its letter, Kuwait stressed that the construction of a naval platform over the area of Fisht Al-Ayj is a sovereign right and that the platform is located within its territorial waters.
The Iraqi government objected to the establishment of the State of Kuwait platform freely over the «Fichte Alaaj», considering that this platform will affect the demarcation of the maritime boundary between the two countries in sub - marine area after 162. The mark
and stressed official at the Kuwaiti Foreign Ministry source in response to the Ministry of Foreign Affairs in his country received The present note by the Permanent Mission of the United Nations to the Security Council has been promptly replied to.
The source said that with regard to the demarcation of the maritime border after the mark 162, the State of Kuwait confirmed that it continued to demand from the Iraqi side since 2005 until the last meeting in May (last), that the legal experts in the two countries to start negotiations on the demarcation of maritime boundaries This is through the meetings of the joint ministerial committees and the ministerial messages in this regard.
The source pointed out that «the State of Kuwait called on brothers in Iraq to resolve this issue by resorting to the International Tribunal for the Law of the Sea established under the United Nations Convention on the Law of the Sea in 1982».
At the end of his statement, the Kuwaiti source stressed that «the State of Kuwait, reviewing these facts, it affirms its keenness on distinguished fraternal relations between the two brotherly countries and continue coordination with the brothers to resolve all outstanding files so that the relationship of the two countries to any impurities».
In its letter to the Security Council, Iraq accused Kuwait of pursuing a policy of fait accompli through geographic changes in the maritime borders between the two countries. The Iraqi delegate to the United Nations, Ambassador Mohammed Bahr al-Ulum, delivered his country's letter on 7 August to the President of the Security Council, requesting that it be circulated and issued as an official document of the Council.
Baghdad promised «unilateral demarcation of the border in areas not agreed upon by the parties - as stipulated in the Emiri Decree 317 of 2014 on the delimitation of the marine areas of Kuwait - an act is invalid under the provisions of international law».
Kuwait said yesterday that its permanent representative to the United Nations Ambassador Mansour Al-Otaibi sent a letter to the presidency of the Security Council on August 20 at the request of his country on the construction of a naval platform over the area «Fisht Al-Aij» located in Kuwaiti territorial waters.
Kuwait News Agency (KUNA) quoted Ambassador Al-Otaibi as saying that the letter came in response to an Iraqi letter addressed to the presidency of the Security Council on August 7 and issued as an official document of the Security Council.
He explained that «the Iraqi message focused only on the maritime area beyond point 162, which is meant the territorial sea, which is still undrawn between the two countries, where Iraq wanted to prove and document his position on this point that this area is still undrawn between the two countries».
He stressed that these letters are usually not considered by the Security Council and are not under discussion as they are intended to document the situation. He added: "We must distinguish between the borders drawn by the United Nations and international obligations on the two countries and the territorial sea, which is still undecided ... Iraq and Kuwait are committed to the implementation of Security Council resolutions, in particular resolution 833, which drew land and sea borders between the two countries."
He stressed that «there is no problem at all, not on the land or sea borders to the point of 162».
He also stressed that «Iraq is committed to the resolutions of the Security Council and the borders drawn between the two countries by the United Nations», pointing out that «the issue of demarcation of the border beyond point 162 is a purely bilateral issue and has nothing to do with international obligations on Iraq, which fully fulfills its international obligations».
He pointed out that the issue of the platform «Fisht Al-Aij» has already been raised and that there is correspondence between the two sides.
He added that Kuwait called on Iraq to sit on more than one occasion to start negotiations to end this issue because of its importance for the two countries, especially that ending it would contribute to building confidence and strengthen bilateral relations and transfer to broader horizons between the two sides.
He also pointed out that the Kuwaiti letter included reference to other issues of equal importance, pointing out that the construction work currently being carried out at the port of «FAO» has reached advanced stages without consulting them with Kuwait despite the obligations imposed by Article 206 of the United Nations Convention on the Law of the Sea 1982, especially with regard to the assessment of the environmental impacts on the marine environment resulting from the establishment of the port.
According to the letter, Ambassador Al-Otaibi stated that the Fesht Al-Ayj platform is located in the territorial waters of Kuwait.
The platform was constructed and installed in Fasht Al-Aij to ensure the safety of maritime navigation in Khor Abdullah and to provide support to Shuwaikh Port Tower due to the expected increase in the number of private vessels in the absence of a visible means of monitoring and following up the ships in Khor Abdullah. Khor Abdullah »which requires the provision of a command post in this area to coordinate the security of navigation and to address environmental incidents there.
The letter pointed to the security considerations of Kuwait and the need for a modern and sophisticated system to monitor and control the area «Khor Abdullah», which requires a security presence to face repeated incidents of penetration of unidentified boats to Kuwaiti territorial waters as a purely Kuwaiti responsibility in protecting its maritime borders.
The letter stated that according to the 1982 United Nations Convention on the Law of the Sea, Kuwait's obligation is to notify the corresponding country, which was committed, since Kuwait built this platform in September 2018 and the Iraqi side was informed. In the minutes of the sixth meeting of the Kuwaiti-Iraqi Joint Committee on the Regulation of Maritime Navigation in «Khor Abdullah» signed on January 26, 2017.
In conclusion, Kuwait once again called on the Iraqi side to resolve this issue by starting negotiations on the demarcation of maritime boundaries after point 162 or by resorting to the International Tribunal for the Law of the Sea established under the 1982 United Nations Convention on the Law of the Sea.