The Ethiopian Dam Dispute and Egypt’s ‘Right to Self-Defense’

Over the past two weeks, Egypt has repeatedly stressed its right to prevent any actions by Addis Ababa on the Nile River that could harm its water interests, stressing that it possesses the “right to self-defense” over Ethiopia’s Grand Ethiopian Renaissance Dam (GERD). According to experts who spoke to Asharq Al-Awsat, Egypt’s signaling means that it “will not hesitate to use all legitimate means to safeguard its water security.” They explained that the message is a stern warning to Ethiopia and suggests that Cairo is seeking to shift from a policy of protesting Ethiopian measures to preventive deterrence, aimed at stopping the establishment of a new status quo on the Nile. New Egyptian Warning Egyptian Foreign Minister Badr Abdelatty said that “Egypt will not allow the construction of additional dams ... that affect its water interests,” stressing Cairo’s commitment to a legally binding agreement that guarantees its water rights. In a television interview on Wednesday evening, Abdelatty said that Egypt does not oppose African countries’ right to development, noting Cairo’s participation in dam and infrastructure projects in several Nile Basin states. However, he stressed the need to balance the right to development with the rights of downstream countries. He also underscored Egypt’s commitment to protecting its water interests. “We have the right to self-defense to protect our interests and water security,” said the minister. “We will not accept any agreement regarding the Nile River unless it is legally binding,” he reiterated. Mohamed Hegazy, a member of the Egyptian Council for Foreign Affairs and a former assistant foreign minister, says the right of self-defense is protected under international law after all peaceful means have been exhausted. According to Hegazy, the core message is that Cairo still prefers agreement and negotiation, but it no longer accepts using negotiations to impose a fait accompli. He argued that the most significant aspect of Abdelatty’s statements is that they send three simultaneous messages - Rejection of unilateral measures, rejection of additional dams, and insistence on the right of self-defense to protect water security. Hussein El-Behairy, an African affairs expert at the National Center for Middle East Studies, said the minister’s recent statements reaffirm Egypt’s right to defend its historical and water rights in the Nile by whatever means the Egyptian state deems appropriate to preserve what Egyptians view as a matter of life and death. Ethiopia’s Grand Ethiopian Renaissance Dam (GERD). Reuters Escalating Egyptian Position This is the third time Egypt has signaled the possibility of using its “right to self-defense” and preventing dam construction on the Nile. On August 16, Egypt’s state news agency quoted an unnamed Egyptian official as saying that Cairo “will neither accept nor allow any party to control the flow of Nile waters to downstream countries,” stressing that the Egyptian state possesses multiple tools capable of protecting its people’s interests in the Nile. The statement came in response to remarks attributed to Ethiopian Minister of Water and Energy Habtamu Itefa concerning the construction of additional dams on the Nile and control over water flows to downstream states, namely Egypt and Sudan. Earlier, on August 4, Egyptian Minister of Water Resources and Irrigation Hani Sewilam stated during a press conference that Egypt “will not allow the construction of new Ethiopian dams on the Nile River.” He said: “It is well known that Ethiopia has plans to build additional dams, but will the Egyptian state allow this? No.” According to Hegazy, the ball is now in Ethiopia’s court. If Addis Ababa agrees to resume serious negotiations leading to a legally binding agreement on GERD, the crisis can be contained. However, if Ethiopia continues to create new realities on the Nile, the scope for a diplomatic solution will narrow, making risk management and deterrence a more prominent part of Egypt’s strategy. El-Behairy does not expect the escalation to pave the way for new negotiations on GERD unless the Ethiopian government is willing to make concessions in response to Cairo’s demands. These demands include reaching a legally binding agreement that guarantees Egypt’s water rights during periods of drought and severe drought, and providing Egypt with information regarding the operation of the dam in a manner that does not harm its water interests.