FRANK26: "SHINES LIKE A DIAMOND"

 KTFA

FRANK26: "SHINES LIKE A DIAMOND"........F26

"Black Box"... Shafaq News tracks the effects of the 6.3 magnitude earthquake in Iraq

6/20/2025

In a dangerous precedent" that could negatively impact the Iraqi regime, Baghdad has been rocked by a political earthquake after six full-time judges and three reserve judges at the Federal Supreme Court (Iraq's highest judicial authority) submitted their collective resignations due to "political pressure" the court is facing .

Despite the uproar caused by leaks about the resignation of most members of the Federal Court, "those resignations have not yet reached the Chief Justice of the Federal Court, Jassim Al-Amiri," according to what an informed source told Shafaq News Agency  .

Formation and work of the court

To begin, and to understand the nature of the Federal Court's formation and work, legal expert Ali Al-Tamimi explained that "the Federal Court is a constitutional entity in accordance with Article 89 of the Constitution, which stipulates that the judicial authority consists of the Judicial Council, the Federal Court, the Court of Cassation, the Public Prosecution, and judicial oversight ."

Al-Tamimi added to Shafaq News Agency, "The Federal Court's work is regulated by Law No. 30 of 2005, amended by Law No. 25 of 2021. The court's role is important, and its decisions are final and binding. It interprets the constitution, resolves disputes between the central government and the region, and ratifies the final results of parliamentary elections ."

He continued, "The Federal Court consists of a president, a vice president, seven full judges, and four reserve judges. All of these judges have served for at least 15 years and are first-class judges ."

According to Al Tamimi, "they are independent judges who are subject to no authority other than the law, according to Article 88 of the Constitution. Article 90 of the Constitution stipulates that the Judicial Council is the one that manages the affairs of judges, and Article 91 of the Constitution also affirms this. Therefore, the work of the Federal Court is important, according to Articles 92, 93, and 94 of the Constitution ."

Nomination and selection of judges

Regarding the method of nominating and selecting judges, Al-Tamimi explained that “the method of nominating judges of the Federal Court is through a committee consisting of the President of the Judicial Council, the President of the Federal Court, the Head of Judicial Oversight, and the Chief Public Prosecutor. All judges are selected in accordance with Law No. 30 of 2005, as amended, and a presidential decree is issued regarding them, after which they take the constitutional oath .”

Regarding the resignation of judges, the legal expert noted that "the resignation of Federal Court judges is possible, as a judge can resign just like any other employee, and such resignation does not affect the existence of the Federal Court ."

Al-Tamimi added, "The Federal Court is not composed of judges alone. Rather, it is a complete body made up of various departments and formations, including a general secretariat, an administrative, financial, and legal affairs department, and the administration department of the office of the chief justice. Therefore, it will remain ."

Regarding the method of accepting resignations and selecting replacements, he noted that "judges' resignations are submitted to the Chief Justice of the Federal Court, who then refers them to the Judicial Council pursuant to Law No. 160 of 1979. The Judicial Council then examines the reasons for the resignation, and if the resignation is accepted, they are considered to have resigned, after which a new process of selecting judges is resumed ."

Al-Tamimi explained that "the process for selecting the new judges is the same as the one in which they were nominated and selected, through the same previous committee that selected these judges. New judges are selected under the same conditions, namely first-class judges with at least 15 years of service. A presidential decree is then issued regarding them, after which the new judges take the constitutional oath and begin work in the Federal Court ."

Reasons for resignation

Regarding revealing the reasons for resignation, the legal expert noted that "the Supreme Judicial Council is the one who reveals the reasons for resignation, which may be personal or related to the work and administration of the court ."

Al-Tamimi stated, "If the Supreme Judicial Council finds interference in the court's affairs or pressure from parties, then the Judicial Council can open an investigation and refer the case to a court pursuant to Article 235 of the Iraqi Penal Code (interference in judicial affairs) ."

He concluded by saying: "The Judicial Oversight Authority, pursuant to Law No. 29 of 2016, may, upon the instruction of the President of the Judicial Council, open an investigation into the matter to determine the reasons, what happened, and why the judges resigned."

Why did the judges resign?

The reasons for the resignations of the Federal Supreme Court judges vary, with some attributing them to the Kurdistan Region's salary crisis or the Khor Abdullah dispute, according to political analyst Aid al-Hilali. He revealed to Shafaq News Agency that "there is pressure, perhaps from internal, regional, or international parties, in this direction," ruling out any connection between the electoral law and the resignations .

This comes as an informed source revealed to the agency that "the reasons for the resignations are a protest and complaint against the way the Chief Justice of the Federal Court is handling it," considering that "the judges' resignation will postpone the parliamentary elections scheduled for November 11, 2025, until further notice, because disrupting the work of the Federal Court means no official ratification of the election results, which will serve the interests of Mohammed Shia al-Sudani's government, extending its lifespan and powers ."

Meanwhile, Imad Jamil, head of the media team at the Independent High Electoral Commission in Iraq, confirmed to Shafaq News Agency that "the Federal Court is the body authorized to ratify the results of the parliamentary elections, and if the resignations of the court members are accepted, the elections will be affected ."

This is what lawyer Hazem al-Radini, head of the Strategic Center for Human Rights in Iraq, warned of in a statement, highlighting the danger of accepting judges' resignations. He stated that "parliamentary elections cannot be held without the presence of members of the Federal Court to ratify the final election results ."

Dangerous precedent

The resignation of the Federal Court members "appears to be a reflection of a host of accumulated issues and concerns, particularly those related to the political pressures facing the Iraqi judiciary," according to Khaled Walid, spokesman for the "I Will Take My Rights" Democratic Movement .

Walid added to Shafaq News Agency, "This is what was made clear by the nature of the official communications from the Chief Justice to the Speaker of the House of Representatives, and his request to hold a meeting of representatives of the presidencies, and the Speaker of the House responded with refusal, out of concern for preserving the independence of the judiciary ."

Walid considered that "what is happening today with the resignation of six full members and three reserve members from the Federal Court is a dangerous precedent that requires political forces to cease their interference, especially given the repercussions of the political and security situation in the region and the possibility of Iraq being dragged into the war arena ."

Walid also called on the three presidencies and the judiciary to "expose the parties disrupting the judiciary's work and contributing to instability before selecting members for the court or before those resigning withdraw their resignations ."

Dangerous indicator

The resignation of a number of Federal Court judges is considered a "dangerous indicator of the political system and the extent to which it adheres to the current constitution, and thus evidence of the absence of a democratic mechanism in the work of state institutions and its three branches of government in general," according to Mohammed Anouz, a member of the parliamentary legal committee .

Speaking to the agency, Anouz said, "Resignations cannot have a single reason at all, but rather could have been under a single pretext, such as the Khor Abdullah issue, the region's salaries, or something else ."

The MP stressed that "the solution to this crisis, which is just one manifestation of a comprehensive structural crisis in the political system, must be seriously and courageously examined, otherwise this cycle will continue in the lives of Iraqis ."

Her role in the elections

The Federal Court's role was clearly evident in the early elections held in 2021, where it became the primary arbiter of decision-making following accusations by some political forces of falsifying and manipulating the election results.

The court dismissed the first appeals filed by forces within the Coordination Framework, and subsequently ratified the election results. Its role continued to escalate amid the political deadlock that gripped the country at the time, resolving numerous lawsuits related to the election of the president, particularly since the election session was held multiple times by court order.

Since those elections, the court has become the primary venue for resolving disputes between the legislative and executive authorities. It has received numerous lawsuits filed by MPs against the Iraqi government, in addition to receiving lawsuits from the government against legislation passed by parliament.

Over the past few months, the court has issued numerous decisions regarding political figures, including their removal from office and political activity. These include Hoshyar Zebari and former Parliament Speaker Mohammed al-Halbousi.

Perhaps one of the most notable decisions of the Federal Court was regarding the determination of the largest bloc in the 2010 elections, which allowed the head of the State of Law Coalition to form a government, even though the party with the largest number of parliamentary seats was former Prime Minister Iyad Allawi.

Khor Abdullah issue

A source within the Federal Supreme Court told Shafaq News Agency that the resignation of the Federal Court members was due to "government pressure" being exerted on the court regarding the Khor Abdullah dispute .

In this regard, the head of the parliamentary opposition and Secretary-General of the "Faw-Zakho Gathering", MP Amer Abdul-Jabbar Ismail, warned against the appeal submitted by the Presidency of the Republic and the Prime Minister against the Federal Court's decision regarding the Khor Abdullah Agreement, declaring his fear of foreign interference in this appeal. Meanwhile, organizations and unions expressed their support for the court and its decision that annulled the agreement .

Four Iraqi groups—a group of Basra sheikhs and notables, the Iraqi Mariners Foundation, the Iraqi Fishermen's Association, and Basra unions and syndicates—reaffirmed in a unified statement their rejection of the pressures exerted on the Federal Court in the Khor Abdullah case, emphasizing their support for the Iraqi judiciary .

According to a report by the Kuwait News Agency (KUNA) in mid-April, the Iraqi president and prime minister filed separate appeals to the Federal Supreme Court, requesting that the court reverse its decision invalidating the law ratifying the Khor Abdullah Treaty with Kuwait. The court based their arguments on the Iraqi constitution and the 1966 Vienna Convention .

The two appellants considered the agreement to be related to the regulation of navigation, not the demarcation of borders, and to constitute part of Iraq's international obligations that cannot be withdrawn .

On September 4, 2023, the Federal Supreme Court ruled that Law No. 42 of 2013, the law ratifying the agreement between the government of the Republic of Iraq and the government of the State of Kuwait regarding the regulation of maritime navigation in Khor Abdullah, was unconstitutional .

The court stated in a brief statement at the time that it “issued its decision of unconstitutionality for violating the provisions of Article 61/Fourth of the Constitution of the Republic of Iraq, which stipulates that ‘the process of ratifying international treaties and agreements shall be regulated by a law enacted by a two-thirds majority of the members of the House of Representatives’ .”

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