The Administrative Court ruled that the Egyptian-Saudi border demarcation agreement that handed the Red Sea islands of Tiran and Sanafir to Saudi Arabia is void and that the two islands remain Egyptian. The verdict is not final and could be overturned by a higher court, BBC notes, but if it is “approved by the country’s High Administrative Court it will become legally binding.” Al Masry Al Youm, however, cites a legal source as suggesting the Administrative Court ruling must be implemented immediately, unless overturned by a higher court.

The government’s State Lawsuits Authority is studying the ruling before deciding on whether to file an appeal, said authority spokesperson Sameh El Sayed during a call-in to the “Sa’a Min Misr” program on Al Ghad (runtime: 4:50). “If the ruling is legally valid, the authority will not appeal the decision,” said El Sayed. Local media, including Ahram Online, appear to have jumped the gun and announced that authority has already appealed the ruling. In a statement issued late Tuesday, cabinet stressed that it respects the Egyptian judiciary. A judicial source told Ahram Online that “the report by the State Commissioner’s Office, which issues recommendations to the Administrative Court, was unlawful, and that the judiciary has no jurisdiction over the islands issue since it is a question of sovereignty.”  

Other sources are also disputing the Administrative Court’s authority to rule in the case. Rep. Margaret Azer told Al Shorouk the right to accept or refuse the demarcation treaty is solely the purview of the House of Representatives. Government sources told Al Borsa the court decision jeopardises agreements signed with Saudi Arabia, including deposits pledged to the Central Bank of Egypt and grants.

There is already talk circulating that Saudi Arabia can — and probably will — unilaterally seek international recognition of the treaty if the appeal process fails, a cabinet source tells Al Shorouk. This may involve legal proceedings in Egypt and abroad. Foreign Minister Sameh Shoukry has begun holding discussions following the ruling on how to proceed considering that the government had already begun the process of transferring sovereignty of the islands to Saudi Arabia.

The lawsuit was filed by rights activist and lawyer Khaled Ali. Celebrity author and activist Ahdaf Soueif tweeted images of what she says are the courtroom ahead of the decision and of the team that handed down the ruling.