The maritime incident that killed an Iraqi fisherman during a confrontation with the Kuwaiti coast guard, according to the Iraqi narrative, has brought the file of maritime borders between Iraq and Kuwait back to the forefront of political and media attention, after triggering official and popular reactions inside Iraq, and reopened discussion on regulating maritime navigation and mechanisms for dealing with fishermen in border areas, on one hand, and the file of Iraqi violations of Kuwaiti maritime borders on the other, according to observers.

The incident comes at a time when relations between Baghdad and Kuwait have seen relative stability in recent years, after a long process of resolving outstanding issues between the two countries. However, recent developments have shown the continued sensitivity of issues related to maritime borders, especially in the northern Gulf. It also comes amid exceptional regional circumstances, with the security escalation in the region and Iranian attacks on Gulf states, along with the activity of Iraqi armed groups loyal to Iran, making any security development on the maritime borders particularly sensitive.

Iraqi Reactions and Kuwaiti Position

The incident prompted calls from officials and members of the Iraqi parliament for an investigation to uncover its circumstances, while the province of Basra witnessed protests in front of the Consulate General of Kuwait, including attempts to storm the building, before Iraqi security forces intervened to secure the Kuwaiti diplomatic mission and prevent the situation from escalating.

Iraqi authorities confirmed that they are continuing to follow up on the case through official channels, while also committing to protecting diplomatic missions in accordance with international agreements. In contrast, an audio clip attributed to the Kuwaiti coast guard circulated on social media containing repeated warnings to fishermen that they had crossed into Kuwaiti territorial waters.

Following the attacks on the Kuwaiti consulate in Basra, the Kuwaiti Ministry of Foreign Affairs expressed its strong condemnation and denunciation of the continued targeting of the Consulate General of Kuwait, considering that it represents an unacceptable violation of the sanctity of the consular mission and a undermining of the Iraqi government's efforts to fulfill its international obligations under the Vienna Convention on Consular Relations of 1963.

Despite praising the efforts made by the Iraqi authorities to contain the situation, the Kuwaiti Foreign Ministry stressed the need to take immediate and decisive measures to hold all those involved accountable, prevent the recurrence of such attacks, and ensure the security and safety of Kuwaiti diplomatic and consular missions and their staff in Iraq.

Kuwaiti Perspective

Kuwaiti political analyst and researcher Faisal Al-Mazeen believes that the incident cannot be separated from the exceptional security circumstances the region is experiencing, noting that Kuwait treats any violation of its maritime borders as a sovereignty and security issue, especially in light of the threats it faces from Iran and the Iraqi armed groups loyal to it.

Kuwaiti political researcher Faisal Al-Mazeen

Al-Mazeen asserts that the Kuwaiti coast guard followed standard security procedures before using force, by issuing repeated warnings and attempting to stop the boat, pointing to circulating video clips showing repeated warnings to the violating boats before any action was taken. He also links these procedures to security precedents in Kuwait, including the apprehension of individuals whom Kuwaiti authorities said belonged to the Iranian Revolutionary Guard, who were on a boat disguised as fishermen and were accused of opening fire on a Kuwaiti coast guard patrol, a case still pending before the Kuwaiti judiciary.

He added that a high-level Iraqi official delegation was briefed on the details of the incident and the visual evidence held by the Kuwaiti authorities, considering that any presence inside or near Kuwaiti territorial waters is viewed security-wise as a potential source of threat under current circumstances.

Al-Mazeen pointed out that official coordination between Kuwait and Iraq continues, but he sees the challenge as lying with the armed groups loyal to Iran, which he said exploit such incidents to incite public opinion against Kuwait and Gulf states, citing the attacks on the Kuwaiti consulate in Basra.

He also considered that some Iraqi politicians exploited the fisherman incident to stir popular emotions, while other incidents involving Iraqi citizens did not see similar reactions—such as the case of an Iraqi shepherd killed by Iranian Revolutionary Guard fire—which he described as a double standard in dealing with certain issues.

Al-Mazeen concluded by affirming that Kuwait has always been and continues to be a supporter of Iraq, citing the Kuwait Conference for the Reconstruction of Iraq, financial and humanitarian aid, as well as the implementation of development and service projects, considering that these positions reflect the depth of brotherly relations between the two countries.

Recurring Incidents

This is not the first such incident, as there have been previous cases of Iraqi fishermen being arrested for allegedly entering Kuwaiti territorial waters or crossing maritime borders. In most of those cases, the matter was resolved through diplomatic contacts between the two countries.

However, the latest incident differs from previous ones due to the death of one of the fishermen, which expanded the scope of political and media interaction, and raised questions again about engagement rules and mechanisms for applying maritime laws in border areas.

Why Do These Incidents Recur?

Specialists attribute the recurrence of fishermen incidents to several factors, most notably the narrowness of maritime areas in the northern Gulf, the overlap of traditional fishing grounds, and the difficulty in distinguishing maritime borders for fishermen, some of whom use boats without modern navigation devices.

Daily fishing activity near maritime demarcation lines also increases the likelihood of violations, whether intentional or due to the geographical nature of the area.

Roots of the Issue

The file of maritime borders between Iraq and Kuwait is linked to the boundary demarcation decisions issued after the Second Gulf War, foremost among which is UN Security Council Resolution 833 of 1993, which adopted the international borders between the two countries.

Khor Abdullah is one of the most notable areas of interest, as it is the navigational channel leading to Iraqi ports and at the same time a maritime outlet for Kuwait.

In 2012, the two countries signed an agreement to regulate navigation in Khor Abdullah, which entered into force the following year. However, in 2023, the Federal Supreme Court of Iraq ruled that the law ratifying the agreement was unconstitutional due to procedural constitutional issues, a decision that sparked legal and political debate over the agreement without resolving the international obligations arising from it.

Will the Incident Affect Bilateral Relations?

Observers believe that the incident represents a new test for Iraqi-Kuwaiti relations, but it does not necessarily mean a setback in the path of cooperation between the two countries, given the continuation of political, security, and diplomatic communication channels. In contrast, recent developments reaffirm the importance of strengthening security and maritime coordination between the two countries, ensuring the protection of diplomatic missions, and developing mechanisms for dealing with border incidents in a way that preserves Kuwait's sovereignty, prevents the recurrence of such incidents, and prevents their exploitation to harm bilateral relations.

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