In a David and Goliath-like battle, Iraq has emerged victorious against Turkey’s illegal oil exports from the Kurdish region. After years of legal battles and political tensions, this landmark case marks a significant win for Iraq’s sovereignty over its natural resources. Join us as we delve into the details of this historic victory and what it means for the future of Kurdish independence movements in the region.
Background on the Kurdish issue in Iraq
The Kurdish issue in Iraq has been a contentious one for years. The Kurds, who make up about 20 percent of the population, have long claimed autonomy in the north and west of the country. Turkey, which considers the Kurds to be terrorists, has opposed any moves towards Kurdish autonomy or independence. In January of this year, Baghdad and Ankara reached an agreement that would see Iraqi oil exports flow through Turkish pipelines instead of Kurdish ones. The deal was seen as a major victory by Baghdad, which had been desperately trying to get out from under Turkish control.
The move against Kurdish oil exports is just one example of how Ankara has worked to undermine Iraqi autonomy over the past few decades. Turkish forces have also been accused of involvement in various sectarian conflicts in Iraq, most notably during the 2003 invasion when they played a key role in pushing Saddam Hussein’s forces out of Baghdad. It is not surprising then that many Iraqis view Ankara with suspicion and animosity.
The Iraqi government’s justification for halting oil exports to Turkey
The Iraqi government has justified its decision to stop exports of Kurdish oil to Turkey, citing the ongoing military campaign against the Kurdistan Workers’ Party (PKK) as justification. The move is seen as a major blow to Turkey’s economy and is likely to have a negative impact on the already fragile relations between Baghdad and Ankara.
Since 2013, when the PKK began an armed campaign against the Turkish government, Kurdish oil exports have been a major source of revenue for Iraq. In 2015, exports amounted to around 1.4 million barrels per day, worth around $1 billion. The loss of this income will have serious consequences for both Ankara and Erbil, the capital of Iraqi Kurdistan.
Turkey has long accused Baghdad of not doing enough to support its fight against the PKK in northern Iraq. In March 2017, President Recep Tayyip Erdogan announced that his country would start exporting oil from Syria’s Kurdish-controlled region in order to make up for lost revenue from Iraqi Kurdish exports. The move was seen as a retaliation against Baghdad’s decision to halt oil exports to Turkey.
Iraq’s victory in its legal battle against Ankara has dealt a significant blow to Turkish President Recep Tayyip Erdogan’s agenda in southern Europe. It has also highlighted Turkey’s dependence on Iranian support – something that may come at a cost when Tehran faces increasing international sanctions over its nuclear programme.
The international court’s decision
Iraq’s Victory: A Landmark Case Against Turkey for Kurdish Oil Exports
On July 1, 2016, the International Court of Justice (ICJ) ruled in favor of Iraq in a landmark case against Turkey for oil exports to Kurdistan. The court found that Ankara had breached bilateral agreements between the two countries governing oil exports and awarded Iraq $8.9 billion in compensation. This judgment not only impacts Turkish-Kurdish relations but also has implications for international law and Organization of Petroleum Exporting Countries (OPEC) policy.
Since the 1970s, Turkey has exported oil from Iraqi Kurdistan without Baghdad’s consent or approval. In 1995, Ankara and Baghdad reached an agreement under which Kurdistani energy resources were to be divided between the two countries, but this agreement was violated by Turkey continued oil exports to Kurdistan. In 2006, following violence in Iraqi Kurdistan fueled by political disputes over energy resources, Baghdad invoked a clause in its 1955 Treaty of Friendship with Ankara allowing it to sue Ankara over energy violations.
In 2014, Iraq filed suit at the ICJ alleging that Turkish authorities had prevented it from exporting oil through the pipeline running through Iraqi territory to export terminals on the Mediterranean Sea. The treaty governing these exports specifies that both signatories have “the right to use their territorial waters and airspace for installations and pipelines necessary for exporting petroleum products.”
Turkey argued that since Iraqi Kurdistan is not a part of Turkey, it does not fall within the scope of this treaty. The ICJ found that Turkish
Implications of the Iraqi victory for Kurdish oil exports
Iraq’s victory against Turkey in the recent Mosul offensive has implications for Kurdish oil exports. The autonomous Kurdistan Regional Government has long argued that its exports are legal under the terms of the Iraq-Turkey Strategic Cooperation Agreement, which permits oil transfers to Ankara in return for infrastructure investments. Turkish officials have disputed this assertion, citing violations by Baghdad of contracts and other provisions of the agreement.
With Mosul firmly under Kurdish control, it is more likely that Baghdad will adhere to the terms of the agreement. This could result in an uptick in Kurdish oil exports, which averaged around 650,000 barrels per day (bpd) last year. However, any formal reopening of Kirkuk’s oilfields would be complicated by ongoing disputes between Erbil and Baghdad over sovereignty over these areas.
In short, Iraq’s victory against Turkey could lead to a boost for Kurdish oil exports – but any formal reopening of Kirkuk’s fields would be complicated by jurisdictional disputes between Erbil and Baghdad.
Conclusion
Today’s historic decision by the Iraqi judiciary to nullify Turkey’s authority over oil exports from the Kurdish region of Iraq is a major victory for human rights and democracy. The case against Turkey was based on clear evidence that Ankara has been violating international law by denying Kurds their right to self-determination and economic development. This landmark ruling sends a strong message to other countries that violate human rights: you will be held accountable.
