Judge Faiq Zidane Discusses Iraq-Kuwait Navigation Agreement


Baghdad: Judge Faiq Zidane, the Head of the Supreme Judicial Council, highlighted the significance of the navigation agreement in Khor Abdullah, concluded on April 29, 2012, between Iraq and Kuwait, as a technical and administrative measure addressing the aftermath of the 1990 invasion of Kuwait.



According to National Iraqi News Agency, Judge Zidane elaborated that the agreement adhered to the border demarcation laid out by Security Council Resolution No. (833) of 1993. Article 6 of the agreement clarifies that it does not alter the borders between Iraq and Kuwait in Khor Abdullah, as defined by the same Security Council resolution from 1992.



Judge Zidane further explained that the agreement became binding under the principle of pacta sunt servanda, which asserts that treaties must be respected. The Kuwaiti National Assembly completed the necessary ratification procedures for the agreement.



The court dismissed a related lawsuit, citing a lack of constitutional or legal basis, thereby reinforcing the internal legitimacy of the agreement and shielding it from future legal challenges. Additionally, the Federal Court found Law No. 42 of 2013 unconstitutional due to the absence of a two-thirds majority vote requirement.