Controversy surrounding KRG autonomy
Kurdish judge ‘withdraws’ from Federal Supreme Court
ERBIL — Kurdish judge Abdulrahman Suleiman Zebari has announced his ‘withdrawal’ from Iraqi Federal Supreme Court, marking a significant moment in the country’s political and legal development. Notably, in his letter, the judge has used the word “withdrawal”(insihab) instead of “resignation” (istiqala).
In his ‘withdrawal’ letter, Zebari expressed his frustration with the court’s direction, stating, “After nearly three years in office and the issuance of decisions by the new formation of the Federal Supreme Court, I have come to the personal conviction that my continued presence as a judge in the court does not achieve the desired goal of my appointment, which is to preserve the principles and foundations brought by the constitution.”
Zebari’s departure comes amidst a backdrop of contentious decisions by the court that have significant implications for the autonomy of the Kurdistan Regional Government. Notably, the court ruled last month that the Iraqi government must assume responsibility for paying the salaries of KRG public sector employees, a move criticized by the KRG’s ruling Kurdistan Democratic Party for undermining the KRG’s fiscal independence.
Additionally, the court intervened last year to temporarily prevent the KDP from reclaiming its headquarters in Kirkuk, further straining the already tense relations between the KRG and Baghdad. The Iraqi prime minister had ordered the handover of KDP buildings that had been abandoned by the party since it left the city following the loss of disputed territories following the 2017 Kurdistan Region independence referendum.
The KDP, a major political force in the Kurdistan Region, has openly criticized the court’s rulings as attempts to diminish the region’s autonomy. Former Kurdistan Region President Masoud Barzani, the party’s leader, compared the body to the infamous Ba’athist-era Revolutionary Court.
The KDP views these rulings as undermining the autonomy of the Kurdistan Region and direct attacks on its governance. Additionally, the KDP perceives other Kurdish parties, notably the Patriotic Union of Kurdistan , as collaborators in these efforts. The ‘withdrawal’ of a judge affiliated with the KDP may indicate the beginning of a more robust response to the Federal Court’s decisions. There has been little willingness – or capacity – to actively reject or refuse to implement verdicts by the court thus far.
This criticism comes in light of the court’s recent annulment of parts of the Kurdistan Parliament election law, which reduced the number of parliament members and was seen as undermining minority representation.
On Feb. 21, after 11 delays, the Federal Supreme Court annulled several articles and clauses of the amended 1992 Kurdistan Parliament election law, deeming 11 reserved seats for minority communities unconstitutional. This reduced the number MPs in the Kurdistan Region’s unicameral legislature to 100.
The Federal Supreme Court, with nine principal and three reserve members, has limited Kurdish representation. Zebari, who holds a Ph.D. in constitutional law, will be replaced by a reserve judge.
In response the court announced that, “The withdrawal of Judge Abdulrahman Suleiman Zebari from the Federal Supreme Court will not impact its operations, as there are three reserve judges in place.”