Federal Supreme Court clarifies Khor Abdullah and Kirkuk decisions: Rule of law applies to all

Federal Supreme Court clarifies Khor Abdullah and Kirkuk decisions: Rule of law applies to all

Shafaq News / The Federal Supreme Court clarified details of its decision regarding the Khor Abdullah agreement today, Friday. It emphasized that its decision concerning the Kirkuk Operations Command headquarters was based on the principle of maintaining security.

Chief Justice Jassim Mohammed Aboud stated, "Regarding the Federal Court's decision on the Khor Abdullah issue, the court found that the law ratifying the agreement violated Article 61 of the 2005 Iraqi Constitution. Consequently, it ruled the unconstitutionality of the law ratifying the agreement and did not delve into the technical aspects of the agreement but declared its unconstitutionality." He further explained that "the main reason for ruling unconstitutionality is that the fourth article required the regulation of the approval process for international agreements by a law passed by a two-thirds majority of the parliament members," as reported by the Iraqi News Agency (INA).

He noted, "The law for ratifying international agreements and treaties, Law No. 111 of 1979, was in effect at the time when this agreement was ratified, but the validity of the law does not imply compliance with the constitution." He emphasized that "if this law is in violation of the constitution, it remains in effect until challenged before the Federal Supreme Court, which may rule its unconstitutionality or it could be repealed by a substitute law enacted by the parliament."

The court balanced between the constitutionality of the law and Iraq's interest as a founding and active member of the Arab League, stating that "according to the constitution, Iraq is committed to building good neighborly relations with all neighboring countries."

He added, "This agreement does not have a significant impact on neighborly relations since Iraq's historical relations with neighboring countries go beyond it." He clarified that "Iraq has historical and longstanding relations with Kuwait, both on a popular and official level."

Regarding the past regime's actions in Kuwait, he pointed out that "the former regime's invasion of Kuwait went against all international norms and conventions and violated the principles of good neighborliness. This does not mean that the Iraqi people committed the same mistakes as the former regime; it was the regime's leadership's error, not the Iraqi people's." He further emphasized that "the governing system at that time was autocratic, viewing the state as embodied in its leadership, the president at that time, and transformed citizens from serving the state's interests to serving the interests of the regime in Iraq."

He mentioned that "since 2003, rulers and the governed are equal under the law, and thus, those governing Iraq at present are not above the law. The law holds both rulers and the governed accountable when they commit errors against the people, the nation, or against the law itself." He highlighted that "this unique democratic system in Iraq has managed to overcome numerous obstacles since 2003 and has built constitutional institutions based on democratic principles for nation-building." He added, "While there are many challenges, Iraq's current situation is better than many neighboring and non-neighboring countries in terms of the citizens' standard of living and democratic institutional development."

Regarding the financial implications of the Khor Abdullah agreement for Iraq, he stated that it falls within the government's jurisdiction, and they support any governmental, national, or popular effort that benefits the people, Iraq, and contributes to the country's stability and the establishment of positive relationships with all neighboring countries.

Halting the handover of the Kirkuk Operations Command headquarters:

The President of the Federal Supreme Court affirmed that Kirkuk is an Iraqi governorate that encompasses Arabs, Kurds, and Turkmen, and the historical, human, and national coexistence among these communities is profound. He emphasized that this coexistence remains significant regardless of the circumstances surrounding Kirkuk, and the governorate holds historical value due to its geographical location.

He clarified that the Federal Supreme Court's decision to issue a governorate order to halt the handover of the headquarters to a political entity was based on the principle of preserving security and peaceful coexistence in Kirkuk, not for any other purpose propagated by some media outlets. He pointed out that "the Iraqi people have full confidence that coexistence among the communities in Kirkuk is a historical and ongoing reality."

He stated, "We support any governmental or national-popular direction that concerns Kirkuk," and emphasized that "if the Federal Supreme Court finds that the decision contradicts this and leads to the same positive results, the court will take the same direction because its goal is to preserve security and the unity of the Kirkuk population."

He also noted that "the government, in coordination with all political parties in Kirkuk, is making significant efforts to resolve the Kirkuk issue in a national manner that satisfies all parties in Kirkuk." He explained that "Kirkuk represents Iraq and is a national asset for all communities, and all communities in Kirkuk take pride in their Iraqi identity."

He concluded by stating, "Kirkuk is stable, and this stability will endure in Kirkuk. It is a result of stability in Iraq," and pointed out that "Iraq will pass through all these phases and will establish a modern, national, and civil state for all Iraqis based on proper citizenship and providing services to all segments of the Iraqi people."

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