Federal Court responds to Kurdish judge withdrawal

Shafaq News/ Iraq's federal court on Tuesday said in a brief statement that the withdrawal of Judge Abdul Rahman Zebari does not affect the progress of its work.

Earlier today, Kurdish Judge Zibari announced that he is resigning from Iraq's Federal Court, the country's top court.

Zibari, who represented the Kurdistan Region in the court, cited his objections to recent rulings seen as unfavorable to the KRG's interests. He expressed frustration at his inability to effectively defend the region's constitutional rights within the court.

"My efforts and expertise proved insufficient to achieve the goal of safeguarding the Kurdistan Region's interests as a recognized constitutional entity," Zibari lamented during a press conference in Erbil.

Zibari alleged a concerning trend within the Federal Court, hinting at a shift away from the principles of federalism and a return towards a more centralized system of governance. This, he argued, manifested in rulings that expanded the federal government's authority at the expense of the KRG.

"Constitutional courts in federal systems serve as a critical bulwark, protecting the federal structure and ensuring a balance between federal and regional authorities," Zibari emphasized. "Ideally, the court should be more vigilant in safeguarding the powers of regions, considering the inherent advantages held by the federal government."

Zibari criticized a perceived lack of neutrality in the court's interpretations of the constitution and said that the court may be straying towards interpretations that effectively amend the constitution, exceeding its intended role.

He pointed to the outdated Federal Supreme Court Law, enacted before the 2005 constitution. This law, Zibari argued, disadvantages the KRG due to its reliance on majority votes for decisions. With only two Kurdish judges out of nine, effectively advocating for the KRG's position becomes an uphill battle.

"The current structure renders Kurdish representation practically meaningless," Zibari stated. "While we consistently registered dissenting opinions, these ultimately held little sway in the face of majority rulings."

Zibari concluded by citing his responsibility towards the Kurdish people and institutions, indicating that his resignation is a "necessary response" to the aforementioned challenges and his inability to achieve his goals or influence the court's direction.