Iraq's judiciary shaken: Judges' resignation threatens elections

Shafaq News

5 hours ago

Shafaq News/ Iraq's judiciary is facing paralysis after the mass resignation of Federal Supreme Court judges deepened a constitutional crisis tied to the annulment of the Khor Abdullah maritime agreement with Kuwait—threatening the country's ability to certify elections and uphold legal continuity.
The crisis erupted after nine judges, including all six permanent members, stepped down in protest over what insiders described as mounting political interference, casting doubt over the November 11 parliamentary elections, which cannot proceed without the court's formal ratification of results.
'The judiciary's ability to function is now in question,' a senior judicial official told Shafaq News, warning of broader repercussions across Iraq's legal and constitutional systems. Other insiders cited dissatisfaction with court administration as a contributing factor, further complicating efforts to stabilize the institution.
Parliamentarian Amer Abduljabbar, head of the Al-Faw Zakho Gathering, criticized the government's role in the standoff, warning of external interference in the appeals submitted by the presidency and cabinet to reverse the court's ruling.
'It is deeply troubling that the President and Prime Minister are contesting a ruling issued by the court—not Parliament—despite their constitutional responsibilities,' Abduljabbar said, adding that 96 lawmakers have signed a petition urging the executive to withdraw its challenge.
He further accused Kuwait of orchestrating diplomatic pressure through the Gulf Cooperation Council and Russia to undermine the decision. 'The timing and coordination raise serious concerns about foreign influence,' he noted.
Basra-based organizations, including maritime unions and tribal leaders, issued a joint statement backing the judiciary. 'We reject any attempt to compromise Iraq's sovereignty over Khor Abdullah. The court must stand firm and fulfill its constitutional mandate,' the statement read.
The Federal Supreme Court had ruled on September 4, 2023, that Law No. 42 of 2013—ratifying the Iraq-Kuwait maritime agreement—was unconstitutional for failing to secure a two-thirds parliamentary majority, as required under Article 61/4 of the Iraqi constitution.
While the presidency and cabinet maintain that the agreement merely organized maritime navigation and did not alter borders, legal experts argue the ruling reinforced Iraq's jurisdiction beyond border marker 162 and reaffirmed the need for proper legislative procedures.