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Iraq Business
2 hours ago
- Politics
- Iraq Business
Judge Zidan statement on Khor Abdullah Dispute: IBN Explainer
By John Lee. The President of Iraq's Supreme Judicial Council (SJC), Dr Faiq Zidan, has issued a statement regarding the legal dispute about the Khor Adbullah waterway, between Iraq and Kuwait. Here are the main points: Background and Legal Framework: The Iraq-Kuwait navigation agreement for Khor Abdullah was signed in 2012 as a technical response to post-1990 invasion issues. Iraq ratified it through Law No. 42 of 2013 using a simple majority vote, and it became internationally binding under the UN framework. Initial Court Decision (2014): The Federal Supreme Court initially upheld the treaty's constitutionality in 2014, distinguishing between laws governing treaty ratification processes (requiring two-thirds majority) and laws ratifying specific treaties (requiring simple majority). This decision achieved res judicata status, providing legal finality and protection from future appeals. Controversial Reversal (2023): In September 2023, the same court reversed its 2014 decision, declaring the ratification law unconstitutional and requiring a two-thirds majority. The court justified this reversal using Article 45 of its internal rules, claiming "constitutional and public interest" grounds. Systemic Legal Consequences: Dr. Zidan argues this reversal creates catastrophic implications: it would retroactively invalidate over 400 international agreements Iraq ratified by simple majority over two decades, potentially dismantling Iraq's entire international treaty framework and creating international liability. Constitutional and Procedural Violations: The statement contends the court exceeded its authority by: Using internal regulations to expand judicial powers beyond statutory law Violating the principle of res judicata by annulling a final judgment Acting without proper constitutional authorization for such reversals Creating legislative vacuum and diplomatic instability Legal Assessment: Dr. Zidan concludes that the 2014 decision was constitutionally sound and internationally compliant, while the 2023 reversal lacked proper legal grounding and generated harmful legal and diplomatic consequences for Iraq. Click here to read the full statement in Arabic. The full text of the statement in English, according to the SJC website, is shown below: The Waves of Khor Abdullah Between Two Contradictory Decisions The agreement regulating navigation in Khor Abdullah, signed on April 29, 2012, between the Republic of Iraq and the State of Kuwait, represents a technical and administrative response to the aftermath of Saddam Hussein's 1990 invasion of Kuwait, and the subsequent border demarcation under UN Security Council Resolution No. 833 of 1993. Article Six of the agreement clearly states that it "does not affect the borders between the two parties in Khor Abdullah as determined by Security Council Resolution No. 833 of 1993." The Iraqi Council of Ministers approved the draft ratification law on November 12, 2012. It was then passed by the Iraqi Parliament by a simple majority under Law No. 42 of 2013 and published in the Iraqi Official Gazette, issue No. 4299, dated November 25, 2013. The ratification documents were deposited with the United Nations, and a copy was sent to the International Maritime Organization. Consequently, the agreement entered into force and became binding under the principle of pacta sunt servanda, a fundamental norm in international law meaning "agreements must be respected." At the same time, ratification procedures were completed in the Kuwaiti National Assembly. When the constitutionality of the ratification law was appealed, the Federal Supreme Court issued Decision No. 21/Federal/2014 on December 18, 2014. It distinguished between the law governing the treaty ratification process - which requires a two-thirds majority per Article 61/Fourth of the Constitution - and the law ratifying a specific treaty, which only requires a simple majority under Article 59/Second. The court rejected the case due to a lack of constitutional or legal basis, affirming the treaty's domestic legitimacy and protecting it from future appeals. The ruling thus acquired the force of res judicata (final judgment) under Article 105 of the Evidence Law, which gives binding force to final rulings so long as the parties, subject matter, and cause remain unchanged. This legal position remained stable until the Federal Supreme Court heard the consolidated cases No. 105 and 194/Federal/2023 on September 4, 2023. The court ruled Law No. 42 of 2013 unconstitutional, reversing its previous decision (No. 21/Federal/2014), on the basis that a two-thirds majority vote is required and citing Article 45 of its internal rules, which permits reversal "whenever constitutional and public interest require." If the two-thirds majority condition adopted in the 2023 decision is applied retroactively, it would automatically invalidate more than 400 international agreements previously ratified by simple majority, rendering all of them void due to failure to meet the new quorum. This would, in effect, dismantle the entire framework of international agreements Iraq has concluded over the past two decades. Furthermore, the decision undermines the legal stability of treaty-based arrangements deposited with the United Nations, potentially triggering international liability for Iraq. In Iraqi legislative practice, judicial annulment is an exceptionally regulated measure. Article 13(First/1) of the Judicial Organization Law limits this power to the General Authority of the Federal Court of Cassation - not to any other court - and imposes strict conditions: the annulment must concern an abstract legal principle, not a final ruling; it must be referred by one of the cassation panels; and it must be justified with an explanatory decision showing urgent need, without affecting legal positions or acquired rights. These restrictions safeguard legal certainty and uphold the principle of finality enshrined in Article 105 of the Evidence Law, preventing any judicial authority from annuling conclusive rulings under the pretext of reform or development. Although neither the Constitution nor the Law of the Federal Supreme Court grants it the power of reversal, the court added Article 45 to its internal regulations, stating that it may annul a previous principle... whenever required by constitutional or public interest." This inclusion goes beyond the procedural nature of internal regulations and violates the principle of legal hierarchy, since internal rules rank below statutory law and cannot expand judicial powers. Even more troubling is that the court, in its September 4, 2023, decision, did not simply reverse a principle, but annulled its own final 2014 ruling regarding the Khor Abdullah agreement - labeling this annulment as a reversal, although Article 45 states overruling pertains to "principles," not "judgments." In doing so, the court violated the principle of res judicata and created a legislative vacuum and diplomatic instability, as the annulled ruling had underpinned a treaty deposited with the United Nations. Accordingly, any so-called " annulment" that does not meet these strict conditions - mainly if it targets a final judgment or is issued by an unauthorized body - constitutes a legal nullity and inflicts direct harm on the rule of law and public trust in the judiciary. From this trajectory, it becomes evident that the 2014 decision aligned with constitutional provisions and international legal norms, achieving legal certainty domestically and internationally. In contrast, the 2023 decision lacked constitutional and legal grounding, and generated significant legal and international repercussions. Faiq Zidan July 23, 2025
Muscat Daily
3 days ago
- Politics
- Muscat Daily
Vacancy for Oman's Assistant Public Prosecutor announced
Muscat – The Supreme Judicial Council has announced a vacancy for the position of Assistant Public Prosecutor in coordination with Ministry of Labour. The position is open to Omani nationals holding a bachelor's degree in law or sharia law from recognised universities or higher education institutes. According to the council, applicants must meet several eligibility requirements, including good conduct, no previous convictions for crimes involving moral turpitude or dishonesty, nor dismissal from government service. Additionally, applicants should not currently be employed in a government or military unit, nor in a company wholly or partially owned by the government, unless officially resigned for at least one full year. Applicants must not be older than 30 years at the time of applying. The selection process includes aptitude tests, personal interviews and a mandatory medical examination. Required documents when applying include a copy of the national ID card, copies of academic certificates and transcripts, along with proof of equivalency for certificates obtained from outside Oman, copies of training certificates and relevant experience, and a recent personal photo. The council emphasised that any application not meeting the stated requirements, or submitted through channels other than the official electronic link, will not be considered. Applications will be accepted online till July 29, 2025 via The Supreme Judicial Council stressed that it will not accept applications outside the announced timeframe or submitted without the required documents.
The Print
4 days ago
- Politics
- The Print
Why bringing back Nimisha Priya, Kerala nurse on death row in Yemen, is a diplomatic rigmarole
Last week, Priya's execution was postponed after efforts of the government of India at the diplomatic level. The efforts are aimed at allowing the families to reach a 'mutually agreeable solution'. Priya allegedly sedated Talal Abdo Mahdi in an attempt to retrieve her passport to leave the country in 2017. However, Mahdi overdosed and died, according to reports. Priya has been in prison in Yemen's capital Sana'a since 2017, convicted of killing her business partner. Sana'a is governed by the separatist organisation—Ansar Allah—also known as the Houthis. India does not recognise nor maintain ties with the Iran-backed movement that has controlled Sana'a since 2014. Rather it recognises the government operating in the port city of Aden to the South, which is recognised internationally as the regime in-charge of Yemen. New Delhi: The complexities of Yemen—a fractured nation, in the midst of a civil war for over a decade, with rival regional powers jockeying for influence, combined with a lack of diplomatic representation from New Delhi—are all playing a role in the fate of Nimisha Priya, the Kerala-born nurse on death row in the West Asian nation. Born in Kerala's Palakkad district, Nimisha moved to Yemen in 2008 for work. Three years later, she married Tomy Thomas and the two moved back to Yemen and continued working in the West Asian nation. However, by early 2012, Yemen witnessed a major political change due to the impact of the Arab Spring, with its long-time leader Ali Abdullah Saleh lost his grip on power, after 22 years in control of Sana'a. Within two years, the Houthis, from the North of the country, swept across Yemen, capturing Sana'a and dislodging Saleh's successor Abdrabbuh Mansour Hadi from the city. It was around this time that Priya decided to open her own clinic in the West Asian nation. For a foreigner to operate a business in Yemen, the law requires a local partner. Mahdi entered the situation, even though Priya eventually opened the clinic with her former boss Abdul Lateef, according to media reports. But Mahdi managed to become a shareholder, and allegedly created documents to show that Priya was his wife, and even took away her passport. Facing torture at the hands of Mahdi, Priya eventually decided to sedate him, retrieve her documents and leave the country, according to reports. However, Mahdi died and Priya was arrested attempting to flee the country. In 2020, Nimisha Priya was sentenced to death, which was upheld in 2023 by the Supreme Judicial Council. In April 2024, Premakumari, Nimisha Priya's mother finally travelled to Yemen and met her daughter in prison in Sana'a. There were negotiations over the payment of blood money between Mahdi's family and Priya's family. However, by September 2024 the negotiations were said to have hit a roadblock. Prominent businesspersons from Kerala including M.A. Yussuff Ali of the LuLu Group and Bobby Chemmanur have offered up to Rs 1 crore each for any potential settlement leading to the release of Priya. The efforts are being coordinated by the 'Save Nimisha Priya International Action Council'. Last week, Randhir Jaiswal, the spokesperson for the Ministry of External Affairs, confirmed that New Delhi has been in touch with the 'local authorities'—the Houthis—in Sana'a as it continues to diplomatically seek her release. The only other option for Priya's release is the payment of 'diyah' or blood money to the family of the murdered Yemeni national Talal Abdo Mahdi. Also read: Setback for efforts to save Nimisha Priya from execution in Yemen as victim's family refuses pardon The situation in Yemen Since September 2014, Yemen has been fractured by a civil war fought primarily between the internationally recognised government, currently led by Rashad al-Alimi, and the Houthis. The Houthis are known currently for their efforts to disrupt trade through the Red Sea, in response to Israel's military actions in the Gaza strip. The civil war in Yemen has regional implications, with Saudi Arabia leading a coalition to dislodge the Houthis from power. Iran, however, supports the Houthis, a Shi'ite revivalist movement, with a history of rising up against the Sunnis in power in the country. Yemen became the latest flash point for the proxy struggle between Riyadh and Tehran for control over West Asia. In April 2015, after evacuating its citizens from Yemen, New Delhi shut down its mission in the West Asian nation, with all issues with regards to the country handled through its embassy in Riyadh. Furthermore, India has no official ties with Ansar Allah, which has been in control of Sana'a, where Nimisha Priya has been imprisoned since 2018. In January 2025, Iran offered its assistance to India for the release of Priya. Last week, however, a source in the Iranian Embassy in New Delhi pointed to the current situation in West Asia, which has led to Tehran's inability to be involved in the diplomatic process to see Priya's return. When Priya first moved to Yemen in 2008, the country had been under the control of Ali Abdullah Saleh for over 18 years. Saleh, born in 1946, in a town outside Sana'a, rose through the ranks in the military of North Yemen. The country, which was divided between Monarchists and Republicans, was led by a number of military juntas, till Saleh arrived in the political scene in 1978. For the next 12 years, the Yemeni strongman consolidated power and led the country's reunification with the Communist South Yemen in 1990, following the collapse of the USSR. Saleh remained in power for the next 22 years, until the effects of the Arab Spring led to his downfall in 2012. He was replaced by his long-standing vice-president Abdrabbuh Mansur Hadi. In September 2014, the Ansar Allah occupied Sana'a, demanding lower fuel prices and the formation of a new government. The rebel movement swept South from its stronghold in the North and within months had captured Sana'a. Hadi and the Houthis engaged in fraught negotiations to find a political agreement. However, this failed in January 2015, Hadi resigned and fled Yemen for Saudi Arabia. In February of that year, Hadi rescinded his resignation and a month later Saudi Arabia along with a coalition of Gulf states began their war in Yemen to dislodge the Houthis through both economic isolation and air strikes along with logistical support from the US. The Houthis during the initial stages received support from Saleh, as well as military aid from Tehran. The movement soon controlled territory consisting roughly 70 percent of the population, according to some estimates. The proxy war continued for years, with the frontlines largely stabilising following the Saudi-led intervention, according to the Council on Foreign Relations. Eventually the Hadi government stabilised its control over Aden, while the Houthis held Sana'a and large swathes of North and North-Western Yemen. Eventually in 2022 a ceasefire was agreed to by both parties, which has been maintained since. Hadi resigned in 2022 after a decade in power, leading to a Presidential Leadership Council (PLC) consisting of eight members and led by al-Alimi. The PLC is the internationally recognised regime, and operates out of Aden. (Edited by Viny Mishra) Also read: Day before her execution, a ray of hope for Kerala nurse Nimisha Priya in Yemen
Hans India
18-07-2025
- Politics
- Hans India
Indian Government Works To Secure Safe Return Of Death Row Nurse From Yemen
The Indian government has emphasized its commitment to securing the safe return of Nimisha Priya, a Kerala nurse facing capital punishment in Yemen, while cautioning against unauthorized interventions that could potentially undermine ongoing diplomatic negotiations. Attorney General R Venkataramani informed the Supreme Court on Friday that the government prioritizes bringing Priya back safely and warned that parallel efforts by private organizations or individuals attempting to negotiate directly with the victim's family could prove counterproductive. The court was hearing a petition from the Save Nimisha Priya International Action Council, which sought permission to travel to Yemen to continue engagement with the deceased's relatives. The Supreme Court declined to grant travel permission to the organization and instead directed them to approach the government directly with their proposal. The bench, comprising Justices Vikram Nath and Sandeep Mehta, allowed the organization to submit a formal representation to the government, which will be evaluated on its merits. The case is scheduled for further hearing on August 14. Recent developments brought hope when Yemeni authorities postponed Priya's execution, originally scheduled for July 16, following intervention by respected Islamic clerics. However, the victim's family has remained steadfast in their demand for capital punishment, with the brother of the murdered man declaring their unwillingness to consider alternative arrangements. Under Yemen's implementation of Sharia law, death row convicts can avoid execution if the victim's family accepts diyat, a form of compensation payment, and waives their right to retributive justice. Priya's supporters had hoped to negotiate such an arrangement, but the victim's family has consistently rejected all overtures, viewing the matter as a question of honor. The 38-year-old nurse from Kerala's Palakkad district was convicted for the 2017 murder of her former business partner, Talal Abdo Mahdi. According to the prosecution, Priya had partnered with Mahdi to establish a medical clinic in Yemen in 2015, but escalating personal and financial disputes led to fatal consequences. The prosecution alleged that Priya administered sedatives to Mahdi in an attempt to retrieve her confiscated passport, resulting in a fatal overdose. A trial court in Sanaa convicted Priya in 2020, and Yemen's Supreme Judicial Council upheld the death sentence in November 2023. President Rashad al-Alimi subsequently approved the execution order in 2024. Throughout the legal proceedings, Priya's family has maintained that she suffered physical, financial, and emotional abuse at Mahdi's hands, arguing that the death was not premeditated but resulted from desperation and entrapment. The case has presented unique diplomatic challenges for India, as the country does not maintain formal diplomatic relations with Yemen, where significant portions of the territory, including the capital Sanaa, remain under Houthi rebel control. Despite these obstacles, Indian officials have pursued multiple diplomatic channels and enlisted the assistance of influential Islamic clerics to advocate for clemency. Attorney General Venkataramani previously informed the court that India had exhausted all available formal and informal diplomatic avenues in the case. The government's efforts have included engaging respected religious leaders to intercede with Yemeni authorities, demonstrating the extent of India's commitment to securing Priya's release. Priya's mother, Prema Kumari, a domestic worker from Kochi, has been residing in Sanaa for over a year, making persistent efforts to reach the victim's family and appeal for mercy. The Delhi High Court granted her permission to travel to the conflict-affected region in December 2023, highlighting the extraordinary circumstances surrounding the case. The ongoing diplomatic efforts reflect the complex intersection of legal, cultural, and religious considerations in international criminal cases, particularly in regions affected by armed conflict and political instability.
New Indian Express
17-07-2025
- Politics
- New Indian Express
Explore all avenues to save Nimisha Priya
The people of Kerala are anxiously watching the developments in Northern Yemen that will decide the fate of Nimisha Priya, an Indian nurse sentenced to death for murdering her business partner, a Yemeni national, in 2017. Yemen's Supreme Judicial Council dismissed her appeal against the execution order in November 2023. In 2024, the country's president approved the order. The execution, which was scheduled for July 16, has been temporarily halted at the request of religious scholars. It was the intervention of Indian Grand Mufti Sheikh Aboobacker Ahamed, popularly known as Kanthapuram A P Aboobacker Musaliyar, that rekindled hopes for the beleaguered Kerala woman. He stepped in when all diplomatic and informal efforts to save Nimisha reached a dead end. The central government recently admitted to the Supreme Court that it felt helpless in the case, citing its limited diplomatic clout in Yemen. Reports indicate that the relatives of Abdo Talal Mahdi, the murdered Yemeni national, are not ready to pardon Nimisha. Yet, Islamic scholars are continuing their efforts to persuade the family to show mercy by invoking the provision of blood money in Sharia law.
