Qarooh and Umm al-Maradim:
A Background Paper
By Ahmed Alsmadi
1. Abstract
Both Saudi Arabia and the State of Kuwait believed that Qarooh and Umm al Maradim was part of either one of their countries. This Position paper will talk about the History of these two islands and their geographical components that lead to Kuait ownng this land.
2. Description and Definition of the Issue
The legal status and effects of islands, which are located in the Marine Area between the Kingdom of Saudi Arabia and Kuwait, have been raised several occasions not only in theoretical debates, but also in the practice of the two states. The Annex explicitly of the Agreement, while referring to Qarooh and Umm al-Maradim islands, ignore any indication to the issue of the ownership of these two islands. The agreement plainly embodies different treatment of the Failaka group of islands. These provisions, however, underline that, the three islands: (Qarooh, Umm al-Maradim and Failaka, are factually and legally relevant to the disputed marine boundaries between the two states.
3. Glossary of the Issue
Qarooh: The smallest of the two islands. It is unpopulated has little to no natural life. Unlike Failakah, this island was not inhabited by people.
Umm al-Maradim: The larger of the two islands. It is surrounded by deep water, which enables ships to land directly at its shore. Unlike Failakah, this island was not inhabited by people.
Failaka: an island that undisputedly belongs to Kuwait and has inhabited by Kuwaitis since the 17thcentury A.D. the three islands are situated outside the territorial waters of the parties and the Neutral Zone, and they are naturally formed land. Yet it belongs to Kuwait undisputedly, it is considered to be part of the dispute.
Kuwait: A country that claims that the 3 islands have always been under its exclusive sovereignty before the emergence of the Kingdom of Saudi Arabia. Both islands are relatively closer to Kuwait than they are to Saudi Arabia, Failaka being the closest out of the 3.
Saudi Arabia: A country that has been in existence longer than Kuwait and has recognized these 2 islands to be part of Saudi Arabia on several occasions. Sadly, both Islands are relatively closer to Kuwait than they are to Saudi Arabia, However Saudi Arabia being the bigger country believes the islands belong to them.
4. History of the Issue
The analysis of the legal position of Garu and Umm al-Maradim islands can be started by reviewing the background of literature on the dispute, by substantiating any one of these opinions according the subsequent practice of the two States, and finally by applying the most recognized principles of international law to the disputes to substantiate the legal status of the two islands.
1905: Kuwait has both islands under its sovereignty.
1913: Anglo-Turkish Agreement was unratified the first international agreement to specify the islands, Qarooh and Umm alMaradim, by names, recognizing them as being under the autonomy of the Sheikh of Kuwait, but the Agreement had never been ratified.
1949: Conversely the Kingdom of Saudi Arabia started rejecting Kuwait`s sovereignty over the islands for the first time.
2000: 2000 Agreement defining the Marine boundaries between the Kingdom of Saudi Arabia and Kuwait.
5. Current Status
Both the islands of Qarooh and Umm al Maradim are part of the state of Kuwait, and Saudi Arabia was (and still is by some) believed to be the rightful owner of both these islands because of the size of the country, and because of the fact that Saudi Arabia had been around longer than Kuwait has been.
6. Conclusion
Both the islands of Qarooh and Umm al Maradim are part of the state of Kuwait, and Failaka is believed to be part of the disputed islands, because it was in the same area Saudi Arabia was arguing that the land belonged to them. Yet, Failaka was won undisputedly, while the other two had to be fought over. People still believe the islands should be returned and given to Saudi Arabia.