Iraqi Judiciary Faces Challenge After Trump’s Win, Arrest Warrant Issued

Trump at an election rally (AFP)
Trump at an election rally (AFP)
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Iraqi Judiciary Faces Challenge After Trump’s Win, Arrest Warrant Issued

Trump at an election rally (AFP)
Trump at an election rally (AFP)

Iraqi President Dr. Abdul Latif Jamal Rashid and Prime Minister Mohammed Shia’ al-Sudani congratulated Donald Trump on his win in the US presidential election.

At the same time, Iraq’s parliamentary Foreign Relations Committee began discussing how to handle Trump, following an arrest warrant issued by the Iraqi Supreme Judicial Council over his role in the deaths of Qasem Soleimani and Abu Mahdi al-Muhandis.

Committee member Mokhtar al-Moussawi said in a statement that, under Iraqi law, “Trump is considered a criminal,” but Iraq will engage with him normally due to national interests.

He stressed that Trump’s victory would not affect relations between Baghdad and Washington.

Al-Moussawi, a member of the Shiite Coordination Framework, explained to the press that the US operates as an institutional country and foreign policy doesn’t change much with different presidents.

He also noted that Trump did not recognize or respect the Iraqi government, pointing out that his previous visit to Iraq was limited to meeting US troops at the Al-Asad airbase. Still, Iraq will deal with Trump normally.

The parliamentary Foreign Relations Committee member concluded by saying, “If Trump visits Iraq, it will be hard to enforce the arrest warrant. Iraq’s national interests take priority, preventing the warrant from being carried out against him.”

Iraq’s Supreme Judicial Council Chief, Faik Zidan, announced an arrest warrant for Trump over his role in the killings of Soleimani and al-Muhandis on January 7, 2021.

An official statement confirmed the warrant was based on Article 406 of Iraq’s Penal Code and that investigations would continue to identify other individuals involved, both Iraqi and foreign.

Iraqi legal expert Ali al-Tamimi explained to Asharq Al-Awsat that the judiciary acted based on a complaint from the plaintiff, meaning it is legally required to take action against anyone, whether inside or outside Iraq.

He stated that since the crime occurred in Iraq and targeted Iraqi figures, the case falls under Iraqi jurisdiction.

Al-Tamimi confirmed that the arrest warrant for Trump was issued under Article 406 of the Iraqi Penal Code, which covers premeditated murder. As Trump is considered a partner in the operation, he said the legal procedure was correct.

In response to a question about enforcing the arrest warrant, al-Tamimi said it could be done through Interpol by submitting a request via Iraq’s Ministry of Foreign Affairs, though this would be difficult in practice.

Another option would be for Iraq to join the 1948 Rome Statute, which allows prosecution for crimes like the assassination ordered by Trump. However, Iraq would need to first join the agreement.

Al-Tamimi also noted that, as a head of state, Trump has immunity under the Vienna Convention.



As Sudan's Army Retakes Ground, Some Displaced Residents Return to Ravaged Capital

Plumes of smoke rise during clashes between the Rapid Support Forces and the army in Khartoum, Sudan, September 26, 2024. REUTERS/Stringer/File Photo
Plumes of smoke rise during clashes between the Rapid Support Forces and the army in Khartoum, Sudan, September 26, 2024. REUTERS/Stringer/File Photo
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As Sudan's Army Retakes Ground, Some Displaced Residents Return to Ravaged Capital

Plumes of smoke rise during clashes between the Rapid Support Forces and the army in Khartoum, Sudan, September 26, 2024. REUTERS/Stringer/File Photo
Plumes of smoke rise during clashes between the Rapid Support Forces and the army in Khartoum, Sudan, September 26, 2024. REUTERS/Stringer/File Photo

The morning sun cast long shadows as Abdulilah Mohamed, an elderly resident of the Shambat neighborhood in the Sudanese capital Khartoum, returned to his family home after fleeing from civil war.

The streets, now strewn with debris and remnants of conflict, led him to a structure barely standing after two years of fighting between the Sudanese army and the Rapid Support Forces.

"They left nothing behind, they took everything and destroyed everything," he lamented, referring to the RSF as he stood amid the broken walls of his house and the fragments of his family's belongings.

"I came here specifically to assess the situation and see the life, so that my family doesn't come and get confused about what to do. I came first, and then I can evaluate the situation for them here," he added.

Mohamed is one of millions who once lived in the greater capital area, which includes the cities of Khartoum, Omdurman, and Bahri, and were forced to flee when war broke out in April 2023 amidst a power struggle between the army and the RSF ahead of a transition to civilian rule.

Entire neighborhoods in Khartoum were flattened, though some parts of Omdurman managed to retain access to utilities, Reuters reported.

Now, as the army pushes back RSF fighters and regains ground in the capital, a cautious trickle of residents is making the journey home.

Huda Ibrahim, who fled to Port Sudan - more than 800 km (500 miles) from the capital—said the longing to return had never faded.

"We were forced to stay away," she said, while on a bus en route to Khartoum.

Mohamed Ali, the driver, noted a shift in mood.

"You can sense that their sense of security has grown,” he told Reuters.

But for many, the road home is lined with uncertainty. This conflict has devastated the nation, claiming countless lives and displacing millions.

"Their war now is not a war against the government, it's a war against the citizens and destruction," Mohamed says.

The return of more residents hinges on the government's ability to rebuild.

Rayan Khaled, a young woman who returned from Egypt, highlights the lack of services and electricity as major obstacles.

"I believe that if the government could provide electricity to the people [...] everyone would return to their homes," she said.