Iraq’s Supreme Judicial Council head Faiq Zaidan
Iraq’s top judge warns militia war powers risk dragging country into conflict
BAGHDAD — Supreme Judicial Council President Faiq Zaidan warned Friday that armed factions acting outside state authority on decisions of war and peace represent “a serious threat to the sovereignty of the state and the stability of society,” in an article outlining the constitutional limits on declaring war.
“Declaring a state of war is one of the most serious sovereign decisions entrusted solely to the state under the constitution and the law,” Zaidan wrote, noting that Iraq’s 2005 constitution requires a joint request from the president and prime minister followed by approval from a two-thirds parliamentary majority before any declaration of war or state of emergency.
He warned that “the actions of some armed factions and their attempts to act independently in decisions of war and peace constitute a clear violation of the constitution,” and that “multiple centers of military decision-making create a state of chaos and instability, and may drag the country into internal or regional conflicts without national consensus.” He added that unofficial war decisions “may expose the state to international isolation or sanctions” and that the spread of weapons outside state control increases the likelihood of armed clashes within society.
The article comes as Iran-aligned factions under the Islamic Resistance in Iraq umbrella have conducted drone, rocket and missile attacks on alleged U.S. and allied targets across Iraq and the wider region since the war began Feb. 28, framing them as a response to U.S. and Israeli strikes on Iran. The factions have also issued ultimatums demanding the withdrawal of U.S. forces from Iraq and warned that no new government will be accepted without their approval — positions that directly challenge the state’s constitutional monopoly on such decisions.
Prime Minister Sudani has repeatedly insisted that decisions of war and peace “belong exclusively to the state,” most recently at Tuesday’s emergency national security council meeting.