Egyptian Lawyers File New Lawsuit Against Island Transfer to Saudi Arabia

Watan-Fifty-seven Egyptian lawyers have filed a legal appeal before Egypt’s Administrative Court challenging the maritime border demarcation agreement between Egypt and Saudi Arabia, signed in August 2016. The agreement stipulates the transfer of sovereignty over the Red Sea islands of Tiran and Sanafir to Saudi Arabia.

Lawyer Ali Ayoub, who submitted the appeal along with 56 others, told Al-Quds Al-Arabi that the case seeks to immediately suspend the ratification of the agreement, citing violations of Article 151 of the Egyptian Constitution. The appeal also calls for the cancellation of any legal consequences resulting from the agreement, ensuring that Tiran and Sanafir remain under Egyptian sovereignty and prohibiting their attribution to any foreign state.

Ayoub noted that he had filed a similar lawsuit in 2016, leading to a historic ruling on June 21, 2016, which invalidated the Prime Minister’s signature on the agreement. However, this was followed by conflicting rulings, with the Supreme Administrative Court upholding the annulment in January 2017, only to be challenged again by the Court of Urgent Matters, which ruled in favor of the agreement’s enforcement.

Ayoub refiled the appeal after reports emerged suggesting Saudi Arabia may allow U.S. military bases to be established on the two islands. “If the Americans set foot there, who will get them out?” he asked.

The lawsuit describes Tiran and Sanafir as natural fortresses guarding the southern gateway of Sinai, strategically controlling the Strait of Tiran—the only maritime access to the Gulf of Aqaba and key ports in Egypt, Israel, and Jordan.

Militarily, the islands are vital to Egypt’s ability to monitor and secure maritime movements in the Red Sea. Without them, Egypt would lose essential strategic depth in safeguarding southern Sinai.

Politically, the lawyers argue that the islands’ status is directly tied to the Camp David Accords, with demilitarization on the islands forming part of the region’s delicate security balance. Any legal or military shift could destabilize peace arrangements and reopen sensitive regional files.

Economically, the islands impact maritime trade and tourism in South Sinai, with any threat to the strait potentially causing losses to Nuweiba Port, reducing tourism investments, and restricting shipping flows.

The lawsuit contends that Presidential Decree No. 607 of 2016, approving the agreement, is null and unconstitutional under Article 151, which requires a public referendum for any treaty involving sovereignty. The article also prohibits any treaty that contradicts the constitution or entails ceding any part of Egyptian territory.