Legal and political dimensions of the withdrawal of a Federal Supreme Court judge

Dr. Yousef Mohammed Sadiq

Judge Abdulrahman Zebari, a member of the Federal Supreme Court, announced his withdrawal from the court yesterday (March 12). Here we briefly highlight the legal and political aspects of this issue.

First of all, it is not known whether Mr. Abdulrahman Zebari has completely resigned from the court and submitted his resignation to the court or whether he has resigned temporarily. Because even the letter he published is more like a statement than a final resignation. This makes a legal difference, because if the position is temporary, it is normal and in several other hearings we have noticed that the judge was not present and instead a reserve judge was present were announced. According to Article 1/1 of the First Amendment Law (Decree No. 30 of 2005) of the Federal Supreme Court Law No. 25 of 2021, the court will have four non-dedicated reserve members The court now has three non-dedicated reserve judges(3).

However, if the said judge resigns completely from the court, then the same procedures for the appointment of judges described in Article (1/2) of the First Amendment to the Federal Supreme Court Law No. (25) of It should be noted that the Kurdistan Regional Judicial Council has no role in appointing the Kurdish judges of the court and the members of the court are appointed by the president of the Iraqi Judicial Council, the president of the Federal Supreme Court, the head of the prosecutor general. Earlier, the name of the Kurdistan Regional Judicial Council was mentioned in the bill, but it was removed during the vote in parliament. However, both Articles 1 and 6 refer to the representation of the regions in the composition of the court and the constitutional balance between the Iraqi communities. Therefore, it is expected that a reserve judge will replace Judge Zebari for a while, but then a new Kurdish judge will be appointed as the original judge.

We in the Gorran faction and the Hiwa coalition in the previous session of the House of Representatives, boycotted the parliamentary session to vote on the bill, because we believed that the vote on the bill should be according to Article (92 / 2) of the constitution.

Politically, the withdrawal coincides with the latest decisions of the Federal Supreme Court on the Kurdistan Parliamentary Election Law (83, 131, 185/Federal/2023) and the salary issue (224, 269/Federal/2023). The statement of the Kurdistan Regional Judicial Council today (March 13) on the decisions of the Federal Supreme Court, contains other references.

It is clear that the PKK is doubtful about the decisions of the court, especially two decisions on the unconstitutionality of the extension of the Kurdistan Parliament and the unconstitutionality of several articles and clauses of the Kurdistan Parliamentary Election Law. The disappearance of the community seats, which the PKK benefited from the weight of these seats in the Kurdistan parliament, as well as the conduct of elections by the Iraqi High Election Commission and even the review of election appeals by the Iraqi judiciary, not the region. Therefore, it has launched a series of measures, perhaps even threatening to boycott the elections. The options before the PKK are few and far between
They are difficult, but the party’s steps may initially be pressure to guarantee itself a good position in the election results, and vice versa, it is likely to take more tough steps.

The situation in the Kurdistan Region is becoming more complicated amid these conflicts, especially if we consider two other factors, the first is the issue of basic salaries of employees, pensioners and beneficiaries of the social security network, which the Federal Supreme Court ruled. For example, will the PKK allow this process? What will be the PUK’s position? What will be the fate of the Kurdistan Region if the Sulaimani offices take measures to implement the salaries and the PKK is against it? At the same time, another threat is the continued tensions in the region and the threat of Turkey to enter the region to a depth of (70) kilometers, which once again makes the region a field of bloody conflict between regional states and local armed forces.

We have already said that the current form of governance has completely failed and continuing it will weaken the region. Therefore, the region needs radical changes, otherwise its institution will face an uncertain fate.

Margins :
1. See the text of the statement on Judge Zebari’s account on Platform (X)
https://x.com/aszebari/status/1767496932010684508?s=46&t=F_oriqoa4bZ7MJqc10RXhQ

2. See the text of the law in Iraqi Gazette No. (4625) at this link :
https://www.moj.gov.iq/upload/pdf/4635.pdf

3. See the text of Republican Decree No. (17) of 2021 at this link :
https://www.moj.gov.iq/upload/pdf/4629.pdf

4. See the text of the bill at :

https://archive4.parliament.iq/ar/2021/03/18/قانون-تعديل-قانون-المحكمة-الاتحادية-ا/

5. See our statement on 22- 3- 2021 at this link :
https://www.alsumaria.tv/news/politics/376427/نائبان-عن-كتلة-التغيير-تصويت-البرلمان-على-تعديل-المحكمة-الاتحادية-خطأ