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Iraq's top judge warns treaty chaos after Khor Abdullah ruling
Iraq's top judge warns treaty chaos after Khor Abdullah ruling

Shafaq News

time6 hours ago

  • Politics
  • Shafaq News

Iraq's top judge warns treaty chaos after Khor Abdullah ruling

Shafaq News – Baghdad Iraq's top judicial authority warned on Wednesday that the Federal Supreme Court's decision to invalidate a 2013 law endorsing the maritime border agreement with Kuwait could unravel hundreds of international treaties ratified over the past two decades. Chief Justice Faiq Zidan, head of the Supreme Judicial Council, issued a sharply worded article titled 'The Waves of Khor Abdullah Between Two Contradictory Rulings,' criticizing the Federal Court's reversal of its 2014 ruling on the Khor Abdullah agreement. In September 2023, the Federal Court ruled the law ratifying the agreement unconstitutional, citing the need for a two-thirds parliamentary majority—an interpretation that differs from its earlier stance requiring only a simple majority. That shift, Zidan warned, could retroactively invalidate more than 400 international treaties approved under the previous standard. 'If the two-thirds requirement is adopted as a precedent, then every treaty ratified by a simple majority becomes null, dismantling Iraq's entire international legal framework built over the past 20 years,' Zidan wrote. The chief justice stressed that the ruling jeopardizes Iraq's legal credibility, particularly as the Khor Abdullah agreement is already lodged with the United Nations. 'The decision undermines the legal stability of international commitments and could expose Iraq to potential liabilities,' he warned. Zidan also questioned the Federal Court's authority to reverse its own final ruling. He noted that while Iraq's legal system allows for 'judicial reversals' in rare cases, these are strictly limited to abstract legal principles—not binding judgments—and must follow rigorous procedures handled only by the General Assembly of the Federal Court of Cassation. 'The Federal Court granted itself an extraordinary power through Article 45 of its internal bylaw, allowing it to reverse previous principles if public interest demands. However, internal regulations cannot override constitutional or legislative authority,' he argued. Moreover, Zidan said the court misapplied that internal rule by revoking an entire ruling—rather than a legal principle—as its 2023 decision invalidated the 2014 judgment that had recognized the agreement's constitutionality. 'This is a legal overreach,' Zidan wrote. 'By annulling a final decision, the court violated the doctrine of res judicata and generated a legislative vacuum and diplomatic confusion.' The Khor Abdullah dispute has already strained Iraq-Kuwait relations. But Zidan's article expands the scope of concern. 'The 2014 ruling was aligned with constitutional provisions and international law, providing legal certainty both domestically and globally,' Zidan concluded. 'In contrast, the 2023 ruling lacks a constitutional basis and poses significant legal and diplomatic consequences.'

Iraq's top judiciary warns against destabilization amid Israeli-Iranian escalation
Iraq's top judiciary warns against destabilization amid Israeli-Iranian escalation

Shafaq News

time19-06-2025

  • Politics
  • Shafaq News

Iraq's top judiciary warns against destabilization amid Israeli-Iranian escalation

Shafaq News/ Iraq's Supreme Judicial Council on Thursday warned against actions that could undermine national sovereignty or incite unrest, as the ongoing conflict between Israel and Iran raises fears of spillover onto Iraqi territory. In a statement issued after a high-level meeting in Baghdad, Council President Faiq Zidan stressed that Iraq's sovereignty is a 'red line,' pledging firm legal measures against any individual or group that contributes to internal instability or promotes foreign agendas amid the regional crisis. The meeting, brought together senior judges, security leaders, officials from the Communications and Media Commission, and representatives from the Iraqi Journalists Syndicate, discussed the dangers of misinformation and incitement, particularly in light of escalating regional developments. Zidan emphasized the importance of protecting Iraq from becoming an arena for external confrontations. 'Iraq's security and sovereignty are national priorities, and any attempt to compromise them will face legal accountability,' he said. He also called on the national media to avoid fueling sectarian divisions or foreign narratives, and instead support public order and reinforce unity amid rising tensions in the region.

Oman, Iraq to enhance judicial and legal ties
Oman, Iraq to enhance judicial and legal ties

Observer

time21-05-2025

  • Politics
  • Observer

Oman, Iraq to enhance judicial and legal ties

MUSCAT: Sayyid Mohammed bin Sultan al Busaidy, Deputy Chairman of the Supreme Judicial Council, received at his office Dr Faiq Zidan, President of the Supreme Judicial Council of Iraq, and his accompanying delegation. The visit of the Iraqi official aims at strengthening cooperation between the judicial institutions of the two countries. During the meeting, the two sides discussed ways to develop judicial and legal relations, expand areas of joint cooperation, exchange expertise and activate training and technical programmes — measures that would positively impact the performance of the justice system and enhance its efficiency. The two sides also reviewed a number of topics of mutual interest, most notably modernising court procedures, developing legal training mechanisms and improving the quality of judicial services while expediting litigation processes. The Iraqi delegation was briefed on key aspects of Oman's experience in developing its judicial work environment, particularly in areas related to digital transformation and leveraging technology to serve justice — ensuring improved litigant experiences and higher institutional efficiency. Al Busaidy emphasised that this visit represents an important step towards strengthening judicial relations between Oman and Iraq, noting that the exchange of knowledge and expertise is a fundamental pillar for advancing judicial work and building effective strategic partnerships. — ONA

Oman, Iraq explore ways to enhance judicial, legal relations
Oman, Iraq explore ways to enhance judicial, legal relations

Times of Oman

time21-05-2025

  • Politics
  • Times of Oman

Oman, Iraq explore ways to enhance judicial, legal relations

Muscat: Sayyid Mohammed Sultan Al Busaidi, Deputy Chairman of the Supreme Judiciary Council, on Wednesday received at his office Dr. Faiq Zidan, President of the Supreme Judicial Council of Iraq, and his accompanying delegation. The visit of the Iraqi official aims at strengthening cooperation between the judicial institutions of the two countries. During the meeting, the two sides discussed ways to develop judicial and legal relations, expand areas of joint cooperation, exchange expertise, and activate training and technical programs—measures that would positively impact the performance of the justice system and enhance its efficiency. The two sides also reviewed a number of topics of mutual interest, most notably modernising court procedures, developing legal training mechanisms, and improving the quality of judicial services while expediting litigation processes. The Iraqi delegation was briefed on key aspects of Oman's experience in developing its judicial work environment, particularly in areas related to digital transformation and leveraging technology to serve justice—ensuring improved litigant experiences and higher institutional efficiency. Al Busaidi emphasised that this visit represents an important step toward strengthening judicial relations between Oman and Iraq, noting that the exchange of knowledge and expertise is a fundamental pillar for advancing judicial work and building effective strategic partnerships.

SJC President , the French Ambassador discuss a number of legal issues
SJC President , the French Ambassador discuss a number of legal issues

Iraqi News

time19-05-2025

  • Politics
  • Iraqi News

SJC President , the French Ambassador discuss a number of legal issues

Baghdad-INA The President of Supreme Judicial Council, Judge Faiq Zidan, discussed today, Monday, with the French ambassador several legal issues. "The President of the Supreme Judicial Council(SJC), Judge Faiq Zidan, received today the French ambassador to Iraq, Patrick Durel,' SJC stated in a statement received by the Iraqi News Agency (INA). "Judge Zidan discussed with him several legal issues related to the bilateral relations between the two countries,' The statement added .

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