Introduction

In September 2023, the Iraqi Federal Court nullified the agreement delineating the maritime border at the estuary of the Khawr Abd Allah, the river dividing the two nations along the northern Kuwaiti and southern Iraqi borders. Originally signed by both governments and ratified by their respective parliaments in 2012, this recent annulment has strained bilateral relations between Iraq and Kuwait, prompting calls from Kuwait for Iraq to promptly reinstate the treaty (Al-Anbaa - A, 2023). 

Despite being neighbours, Iraq and Kuwait exhibit significant dissimilarities, particularly in geography and demography. Iraq's landmass is forty times larger than Kuwait's, yet it is also ten times more densely populated[1]. Each country faces unique demographic complexities: while Iraq has a multitude of different ethnic groups and religions, Kuwait has a large number of non-Kuwaiti citizens, a mix of economic migrants and refugees.

Kuwait's economy relies predominantly on energy revenues, with the country boasting the world's sixth-largest proven oil reserves[2], discovered in 1938 at Burgan, just a few dozen kilometres off the Persian Gulf coast. Initial oil exports commenced in 1946, and today, the hydrocarbon sector contributes to 30% of Kuwait's GDP and constitutes 80% of government revenue (Berreby, 1969; World Bank Group, 2021). 

Iraq, emerging from a significant period of upheaval spanning from the onset of the Iran-Iraq war in 1980 to the conclusion of Islamic State rule in 2019, is presently focused on rebuilding and restoring stability as a nation-state. The country is currently facing numerous socio-economic, security and environmental challenges. As a result, neighbouring Kuwait has become a pivotal partner in Iraq's reconstruction efforts. Notably, in 2018, Kuwait, home to the Al-Sabah dynasty, hosted the International Conference for the Reconstruction of Iraq, attracting participation from state, private, and NGO entities. Kuwait pledged a substantial $2 billion USD in aid to Baghdad, marking the largest contribution from a Gulf nation (Marguerite & Meyer, 2020). Additionally, in January 2022, Iraq completed the payment of compensation for damages incurred during the 1990 Gulf War and the subsequent occupation of Kuwait, totaling $52.4 billion USD (UN News, 2022).

And yet, since its creation in 1921, Iraq has been embroiled in numerous border disputes with its southern neighbour. To grasp the significance of border issues in shaping the fraught relationship between Iraq and Kuwait over the past century, it is imperative to trace the origins of their boundary delineation. Subsequently, we will examine how border disputes fueled tensions between the governments of Baghdad and Kuwait City, ultimately leading to the annexation of Kuwait in 1990. Before delving into the events of 2023, we will also explore the role of the United Nations Boundary Commission in helping to finalise the boundary delineation between the two nations from 1991 onwards.

1. Tracing back the history of borders

1922: The Uqair Protocol - When the British drew the borders of the Middle East

Initially, the Uqair Protocol of 1922 delineated the borders among Kuwait, Saudi Arabia, and Iraq. During this conference, Sir Percy Cox, the British High Commissioner to Iraq, allocated a significant portion of historical Kuwait to Abdulaziz bin Abdul Rahman Al-Saud, who would later establish Saudi Arabia a decade later (Crystal, 1992). However, a neutral zone of approximately 7,000 km² between Kuwait and Saudi Arabia remained undefined until 1970 (Pironet, 2016). 

Iraq's formation was based on the former Ottoman vilayets of Mosul, Baghdad, and Basra. The border demarcation between Kuwait and Iraq occurred relatively smoothly, given both nations' status under British influence. Following Ottoman rule, the territory transitioned to a British protectorate in 1899. Nonetheless, the demarcation was arbitrary, leading to numerous tensions between Iraq and its neighbours. Kuwait was soon claimed by Iraq as an integral part of the province of Basra (Ishow, 1968). 

During the 1930s, territorial delineation held significant importance for Iraq, particularly in its quest to join the League of Nations. Membership requirements mandated clearly defined borders for applicant countries. Consequently, Baghdad had to engage in negotiations with Kuwait to resolve the border dispute.

The western and north-western borders were formalised in 1932 when Nouri Al-Saeed, Prime Minister of the Kingdom of Iraq from 1930 to 1933, officially acknowledged the 1923 land border with Kuwait in a letter dated July 21, 1932, addressed to the British ambassador in Baghdad, Sir Francis Humphreys. This letter, endorsed by the Kuwaiti ruler at the time, Sheikh Ahmad Al-Jaber Al-Sabah, laid a solid foundation for cooperative relations between the two nations (Mendelson & Hulton, 1993; Al-Anbaa - C, 2023). 

However, despite this acknowledgment, the borders remained unmarked until June 1966, when a commission was appointed to commence the delineation process between the two states (Ishow, 1968). Despite repeated requests from British authorities in 1940 and again in 1951 for a clear demarcation of the border with Kuwait, Iraqi Minister of Defense advised against it. Iraq harboured hopes of acquiring the islands of Warbah and Bubiyan, situated in the Khawr Abd Allah, through transfer or cession of sovereignty. Kuwait consistently rejected any notion of relinquishing control over these islands (Mendelson & Hulton, 1993). 

The various agreements never prevented Baghdad and its various political figures from claiming Iraq's legitimacy over the territory of Kuwait. Although at the time of its creation in 1923, Iraq had not claimed to include Kuwait in its territory, Baghdad would not hesitate to assert its right over its neighbour later on (Ishow, 1968).

Faisal Adel Al-Wazzan, a researcher and professor at Kuwait University, highlights that in 1938, Tawfiq Al-Suwaidi, the Iraqi Foreign Minister, repudiated the 1932 border agreement between the two countries. Furthermore, the Minister publicly expressed his intention to annex Kuwait (Al-Anbaa - C, 2023). During the reign of King Ghazi bin Faisal Al-Hashimi[3], there were also considerations for the military seizure of Kuwait (Ishow, 1968). 

When Abdul Karim Qasim was Prime Minister from 1958 to 1963, he refused to acknowledge Kuwait's independence in 1961 and even threatened invasion. Following Qasim's overthrow by the Baath Party in 1963, the Iraqi government once again acknowledged Kuwait's sovereignty and borders (Al-Anbaa - C, 2023). This paved the way for the "Memorandum of Understanding between the State of Kuwait and the Republic of Iraq concerning the re-establishment of friendly relations, recognition, and related matters", dated October 4, 1963. This agreement reaffirmed the boundaries outlined in the 1932 correspondence.

Saddam Hussein's annexation of Kuwait

Although Iraq recognized Kuwait and its borders in 1963, Iraqi society harboured persistent resentment against its neighbour. In addition to the view that Kuwait should become an integral part of Iraq as a new province of the country, the two countries have a number of differences. In addition to debts and reparations owed to the state by the Al-Sabbah dynasty, Kuwait's stability, resources and standard of living are features envied by Iraq (Aziz, 2023). 

During the war against Iran from 1980 to 1988, Kuwait provided significant support to Iraq in the form of loans amounting to several billion dollars. However, once the conflict concluded, Kuwait pressured Saddam Hussein to repay these substantial debts, despite his insolvent state at the time (Bakawan, 2021). After eight years of war, Iraq found itself deeply indebted and embroiled in a severe economic crisis[4]. 

Tensions escalated between the two countries, with the notion of Kuwait's reintegration into Iraq as a province remaining prevalent among Baghdad's elite circles. Ultimately, Iraq invaded its neighbour on August 2, 1990, overpowering its resistance within two days and establishing the Provisional Government of Free Kuwait. Baghdad's aspiration to extend its authority over Kuwaiti territory, including the surrounding islands, was finally realised.

While the history of debts served as a significant justification for the invasion, the contest for oil resources also contributed to the atmosphere of discord. Prior to the offensive, Baghdad alleged that Kuwait was encroaching upon its borders and illicitly extracting oil from the Rumaila field, a vast Iraqi oil reserve that extends into Kuwait. Kuwait was accused of clandestinely tapping hydrocarbons by drilling horizontal wells beneath its borders. At the time, the Iraqi government claimed that over 2 billion litres of crude oil had been pilfered, resulting in a loss of earnings amounting to 14 billion euros (Auzanneau, 2015). 

As an international coalition mobilised to liberate Kuwait, Saddam Hussein sought negotiations. In exchange for the liberation of its neighbour, the Iraqi government demanded debt forgiveness and a revision of the borders with Kuwait to secure better access to the sea.

However, the Bush administration was adamant in its refusal to engage in negotiations at this level (Ibid). 

Following the liberation of Kuwait and the defeat of the Iraqi army by the US-led coalition, the United Nations adopted Resolution 833 on May 17, 1993, reinstating the borders negotiated since the agreement of October 4, 1963. 

A UN Special Commission was established to delineate the land, Khawr Abd Allah river, and coastal borders between the two nations (UN, 1993). However, Resolution 833 did not encompass the entirety of the maritime borders. Thus, it fell upon the two governments to reach an agreement to resolve these disputes. The two countries reached a consensus in 2012, which was ratified by their respective legislative bodies in 2013 (Reuters, 2023).

The 1993 Commission was tasked with delineating three main sections of the border: the western, northern, and eastern sections, the latter also referred to as the Khawr Abd Allah sector (addressed in the section dedicated to maritime borders). To achieve this, the Commission meticulously studied numerous documents to determine the precise course of the boundary before proceeding with the demarcation. However, numerous challenges arose as the 1963 agreement, which reaffirmed the contents of the 1923 and 1932 letters, lacked a detailed description of the boundaries (Mendelson & Hulton, 1993). 

A total of 200 kilometres of the border were demarcated with the installation of 106 pillars and intermediate markers (Sovereign Limits, S.D - B). During the delineation of the northern sector, Iraq lost control over certain oil fields to Kuwait, marking a significant territorial adjustment in favour of Kuwait (Mendelson & Hulton, 1993).

Source: Sovereign Limits (S.D). Iraq-Kuwait Maritime Boundary Agreement: 1993. International Mapping. Accessed 27 November 2023. https://sovereignlimits.com/boundaries/iraq-kuwait-maritime

The map displayed above illustrates the delineation of a portion of the maritime boundary established in 1993, as authorised by United Nations Resolution 833. The remaining demarcation between the two maritime zones (indicated by the dotted line) was yet to be finalised and required mutual agreement between the two states. However, despite reaching an agreement in 2012, Iraq unilaterally withdrew from the arrangement in 2023 (Sovereign Limits, S.D).

2. Ongoing debate over maritime borders

In addition to land borders, maritime borders pose a significant challenge for Iraq. The country has two points of access to the sea: the Shatt al-Arab, shared with Iran, which was a primary factor in the 1980-1988 war, and the Khawr Abd Allah, shared with Kuwait. The latter river spans 120 kilometres in length, widening to 10 nautical miles at its mouth and narrowing to less than a mile at its confluence with the Khor al-Zubair[5]. While this waterway plays a crucial role in regional trade, it is also a source of ongoing disputes. Tensions surrounding these waterways directly impact coastal activities, as evidenced by severe disruptions to shipping during the Iran-Iraq war.

In the Khawr Abd Allah, the islands of Warbah and Bubiyan, under Kuwaiti sovereignty, control access to the Persian Gulf. Consequently, they hold strategic significance for Baghdad, which has long sought to regain control of these islands.

In 1959, Baghdad commissioned a hydrographic expert to help the State demarcate the maritime borders with Kuwait and Iran. For the  Khawr Abd Allah, he proposed a separation by median line. In December 1967, the maritime boundaries were determined by a decree which was subsequently updated to comply with the United Nations Convention on the Law of the Sea established at the Montego Bay conference in 1982 (Al-Anbaa - C, 2023). 

However, the boundaries of the  Khawr Abd Allah, more specifically those between the Iraqi coast and the Kuwaiti islands of Bubiyan and Warbah, had not been the subject of any precise agreement. No demarcation had been determined until the end of the first Gulf War. Iraq still intended to regain sovereignty over these islands, bypassing potential boundaries in the river and undertaking territorial development along the coast, encroaching on Kuwaiti territory.

Delimiting the Khawr Abd Allah: The United Nations Commission's Role

In 1932, the islands of Bubiyan and Warbah were officially recognised by Iraq as belonging to Kuwait. The Special Boundary Commission then ruled that, ipso facto, a boundary existed between the two countries in the Khawr Abd Allah. A delimitation and demarcation of the border was therefore undertaken from 1991 onwards (Mendelson & Hulton, 1993).

However, there was neither a formal agreement nor a clear description for delineating the maritime border of the Khawr Abd Allah. Under international law, in the absence of an agreement, the division of territorial waters between two states facing each other's coasts is typically determined by drawing a median line[6]. To identify the points of this median line, aerial photographs of the river were utilised (Mendelson & Hulton, 1993). 

Nevertheless, the median line principle does not always apply, especially in cases involving historic titles. Baghdad attempted to assert historic rights over the river, but the Commission deemed these justifications insufficient. Iraq also cited special circumstances in a bid to gain greater control over the Khawr Abd Allah. The stakes were high for Baghdad, as it not only sought to secure its access to the sea but also risked losing billions of dollars worth of infrastructure in the river. The country had undertaken extensive development projects, including port enhancements, drainage systems, and navigation channel construction. Ultimately, Iraq's claims were rejected, and numerous constructions, including the expansion of the port in Umm Qasr, were recognized as Kuwait's property at the time of the Special Commission's demarcation (Ibid).

The final demarcation extended to the entrance of the Khawr Abd Allah until the coasts of the two territories no longer faced each other. Beyond this point, further demarcation was impeded by the need to consider Iran's claims. Unlike the land borders, the maritime boundary of the Khawr Abd Allah is not physically marked; it is merely defined by a series of geographical coordinates. The Commission's decision leaves Iraq with full control over the Khor al-Zubair, the gateway to the sea from the port of Umm Qasr (Ibid).

According to Mendelson and Hulton's report, the UN Commission made a fair attempt to address the concerns of both parties during the delimitation of maritime boundaries, particularly with regard to Iraq's access to the sea. However, Baghdad's refusal to provide certain evidence and failure to present key arguments to the Commission hindered a more favourable outcome for Iraq. On Iraq's side, the government disputes the work of the experts and expresses regret over the rushed decisions, particularly regarding the demarcation of the Khawr Abd Allah border. This issue led the Commission's chairman, Mukhtar Kusuma, to resign in protest against the verdict (Rai al-Youm, 2023). IIt should also be noted that the Iraqi representative on the Commission ceased active participation in the deliberations from the fifth meeting onwards (Mendelson & Hulton, 1993).

Coastal tensions building up

The Iraqi town of Umm Qasr, situated on the border with Kuwait, hosts one of the country's primary ports, which has experienced steady growth in activity since the second half of the twentieth century (Mendelson & Hulton, 1993). However, control over the maritime zone providing access to this port lies with Kuwait, which also claims sovereignty over the islands of Warbah and Bubiyan, located just two kilometres off the Iraqi coast. Consequently, Iraq's access to the Persian Gulf is impeded by its maritime borders. Although Saddam Hussein acquiesced to the UN's demands and affirmed the 1993 demarcation, tensions surrounding the islands persisted. For instance, in December 2002, an Iraqi vessel attacked two Kuwaiti coast guard patrol boats near Warbah Island, resulting in a collision between the two boats and injuries to their crews (BBC News, 2002). 

Following the United Nations Commission's work in 1993, a portion of Umm Qasr fell under Kuwaiti sovereignty. With border clashes occuring, the two nations agreed to establish a 500-metre buffer zone at the demarcation point. Consequently, part of Umm Qasr's population had to be relocated, involving the displacement of 228 homes, and certain infrastructure had to be reconstructed at Kuwait's expense. The media and Iraqi society strongly criticised this perceived ceding of land to the neighbouring country (Rai al-Yaoum, 2023).

Conflicts over coastal waters are not uncommon occurrences in the region. In 2011, a Kuwaiti coast guard was killed in a shootout with an unauthorised Iraqi boat attempting to enter Kuwaiti waters (AFP, 2011). 

Maritime tensions between Baghdad and Kuwait City are recurrent, though not consistently frequent. Iraq has been accused of engaging in acts of piracy or maintaining an unauthorised presence in the area. Conversely, Kuwait is compelled to intercept numerous Iraqi vessels, including fishing boats and cargo ships, that illegally enter its waters (AFP, 2011). Additionally, patrol boats have reported numerous violations of the UN-imposed embargo following the first Gulf War (BBC News, 2002).

New disagreements in the last decade

In 2023, fresh tensions emerged between the two nations regarding the border issue. During the summer, the Iraqi Supreme Court nullified the agreement on the demarcation of the maritime border at the Khawr Abd Allah estuary, a pact initially signed and ratified in 2012. Iraq's unexpected withdrawal from the agreement caught its neighbour off guard. 

The 2012 agreement, which became Law 42 in 2013, aimed to establish the rights and responsibilities of both parties concerning the use of the waterway. It also facilitated the development of a designated passage for commercial vessels in the region. Beyond its symbolic significance, the agreement bolstered regional trade and addressed long-standing legal ambiguities. 

Following the agreement's annulment, deemed "unconstitutional" by Iraqi legal authorities, Prime Minister Mohamed Shia al-Sudani sought to reassure Kuwait by affirming Iraq's ongoing commitment to finding mutually acceptable solutions for regulating shipping in Khawr Abd Allah. He emphasised that any such measures must align with the Iraqi Constitution and international law (Al-Anbaa-A, 2023).

In an interview with Al-Anbaa media, Faisal al-Wazzan expressed dismay over Baghdad's perceived "lack of commitment" in honouring its political agreements signed just a few years ago. According to the researcher, the termination of this treaty may serve as a tactic by Baghdad to divert attention from internal issues and involve Kuwait as an external player in Iraq's crisis, potentially hindering recent progress in bilateral relations (Al-Anbaa-C, 2023). 

MP Arian Taugozi, a member of the Iraqi Parliament's Foreign Affairs Committee, emphasised that as an international agreement, Iraq cannot unilaterally dissolve the 2012 pact under any circumstances (Taib Menmy, 2023). 

With the agreement invalidated, it holds no legal weight in Iraq, making its reinstatement challenging. Former Iraqi MP Wael Abdul Latif also noted the unlikelihood of the Iraqi Parliament revisiting the vote to revive the agreement, which necessitates the support of 222 MPs. Moreover, a considerable portion of Iraqi public opinion appears to endorse the decision of the Supreme Federal Court (Ibid). 

Baghdad now faces two potential avenues: negotiating a new maritime agreement with Kuwait regarding the Khawr Abd Allah river or reinstating the 2013 law with the majority approval of Parliament. However, political dynamics involving various factions, including neighbouring Iran, may complicate Baghdad's stance on the matter.

Conclusion

Throughout Iraq's history, Baghdad has consistently prioritised securing access to the sea, often leading to border crises with neighbouring countries. Kuwait, in particular, has been a focal point for Iraqi politicians due to its perceived strategic importance and historical ties. Iraqi leaders have at times asserted claims over Kuwait, viewing it as an integral part of Iraq's territory. Kuwait's extensive coastline, islands, and strategic resources further fuel these aspirations. However, border agreements between the two nations in the 20th century have frequently been disregarded or remain ambiguous, allowing Iraq to assert control over certain areas of its neighbour. 

The annexation of Kuwait in 1990 resulted in swift international condemnation and subsequent liberation efforts by the international community. To prevent future transgressions, the United Nations established a Special Commission tasked with delineating precise borders between Iraq and Kuwait. 

The Commission's work encompassed both land and maritime boundaries, particularly focusing on the Khawr Abd Allah, the river dividing Iraq and Kuwait. Despite Baghdad's aspirations for greater control, the Commission's efforts fell short of Iraq's expectations, leading to criticism and occasional border protests. While the UN mission succeeded in accurately delineating and marking borders, it failed to entirely mitigate tensions between the two nations, resulting in ongoing disputes.

In 2023, Iraq's unilateral withdrawal from the Khawr Abd Allah division agreement reignited the border dispute, casting doubt on the legality of Baghdad's actions and fostering suspicion between the governments of Kuwait and Iraq. This disagreement has disrupted the fragile rapport that the two nations have sought to cultivate since the end of the war. Baghdad's assertive stance reflects its determination to restore a sense of equilibrium in border matters and reaffirm its interests. The border issue therefore persists, and is added to the many political, economic and security challenges facing Iraq today.

However, tensions surrounding Iraq's borders extend beyond diplomatic disputes with neighbouring nations. Smuggling and other illicit activities pose additional threats to the country's security. In response, the Iraqi government is intensifying security measures and bolstering controls at border crossings. Safeguarding the nation's borders remains an important concern for Baghdad, given that approximately USD 50 billion worth of goods pass through its ports and border crossings every year (Al Omran, 2020).

Keywords: Iraq, Kuwait, territory, sea, river, Khawr Abd Allah, geography, Saddam Hussein, Al Sabbah, United Nations, border demarcation, Warbah, Bubiyan

Bibliography

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A - Sovereign Limits. (S.D). Iraq-Kuwait Maritime Boundary Agreement : 1993. Sovereignlimits.com. Consultée le 27 novembre 2023. https://sovereignlimits.com/boundaries/iraq-kuwait-maritime B - Sovereign Limits. (S.D). Iraq–Kuwait. Sovereignlimits.com. Consultée le 27 novembre 2023. https://sovereignlimits.com/boundaries/iraq-kuwait-land

The CFRI does not take collective positions. Its publications only represent the views of their individual authors.

To cite this article : Pierre-Alexandre Gourraud, "Chronicle of border conflicts between Iraq and Kuwait since the early 20th century", Centre Français de recherche sur l'Irak (CFRI), 02/02/2024, [https://cfri-irak.com/en/article/chronicle-of-border-conflicts-between-iraq-and-kuwait-since-the-early-20th-century-2024-02-02]