Fifty-seven Egyptian lawyers have filed an appeal in Egypt’s Administrative Court, contesting a maritime border agreement signed with Saudi Arabia in August 2016. This agreement facilitates the transfer of sovereignty over the Red Sea islands of Tiran and Sanafir to Saudi Arabia, a move that has sparked significant controversy.
Lawyer Ali Ayoub, who spearheaded the filing, stated that the appeal aims to suspend the ratification of the agreement, arguing it violates Article 151 of the Egyptian Constitution. The legal action also seeks to annul any repercussions arising from the agreement, asserting that the islands should remain under Egyptian control, free from foreign sovereignty.
Ayoub previously initiated a lawsuit in 2016 that successfully invalidated the Prime Minister’s signature on the agreement in a landmark ruling. However, the legal landscape has been tumultuous, with conflicting judgments from various courts. The Supreme Administrative Court upheld the prior annulment in January 2017, yet another court later ruled in favor of the agreement’s enforcement.
The decision to refile comes amid concerns that Saudi Arabia might permit the establishment of U.S. military bases on Tiran and Sanafir. Ayoub expressed apprehension over the potential implications, questioning the feasibility of expelling U.S. forces if they were to gain a foothold on the islands.
The appeal emphasizes the strategic importance of Tiran and Sanafir, highlighting their role as natural fortifications in the southern gateway to Sinai. The islands govern access to the Strait of Tiran, which serves as the sole maritime route to the Gulf of Aqaba and essential ports in Egypt, Israel, and Jordan. They are vital for Egypt’s military oversight and secure operations within the Red Sea.
From a political perspective, the legal representatives contend that the sovereignty of these islands is intrinsically linked to the Camp David Accords. They assert that any alteration in their status could jeopardize the fragile security balance established under the accords, potentially reigniting regional tensions.
On the economic front, the islands are pivotal for maritime trade and tourism in South Sinai. The lawyers argue that any threat to the strait could disrupt port operations at Nuweiba, hinder tourism investment, and restrict key shipping routes.
The lawsuit maintains that the Presidential Decree No. 607 of 2016, which sanctioned the agreement, is unconstitutional and contrary to Article 151, which mandates a public referendum on treaties that involve sovereignty transfer. This constitutional provision also prohibits any agreement that contradicts the constitution or involves ceding Egyptian territory.
The ongoing legal battle over Tiran and Sanafir underscores the complex dynamics of national sovereignty, regional stability, and international relations affecting Egypt and Saudi Arabia.
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