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Rising Tensions Between Baghdad and Erbil: Beginning of a New Phase?

Judges from Baghdad and Erbil during a seminar on the Iraqi Constitution (Government Media file photo)
Judges from Baghdad and Erbil during a seminar on the Iraqi Constitution (Government Media file photo)
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Rising Tensions Between Baghdad and Erbil: Beginning of a New Phase?

Judges from Baghdad and Erbil during a seminar on the Iraqi Constitution (Government Media file photo)
Judges from Baghdad and Erbil during a seminar on the Iraqi Constitution (Government Media file photo)

Iraqi experts foresee escalation in tensions between Erbil’s Kurdistan Regional Government (KRG) and Baghdad following recent Federal Court decisions and the resignation of a Kurdish judge.

They note that while relations between the two capitals are heating up, political divisions within Kurdish factions may limit their ability to take decisive actions.

Previously, Erbil played a significant role in federal politics, primarily clashing with Shiite parties in Baghdad, notably Nouri al-Maliki’s Dawa Party.

However, recent disputes have shifted towards legal and constitutional matters addressed by Iraq’s top court.

Baghdad’s alleged political moves against the KRG are prompting Erbil to respond.

The recent withdrawal of Kurdish Judge Abdul Rahman Zibari from the Federal Court, supported by the party of Masoud Barzani (Kurdistan Democratic Party), seems aimed at disrupting the court’s operations.

It’s seen as an attempt to upset the ethnic and national balance among its members, according to some legal experts.

The Kurdistan Region Judiciary Council sharply criticized the Federal Court on Wednesday for its decision to annul the minority quota. This move, from the Kurdish perspective, is seen as applying constitutional pressure on Baghdad and the Federal Court.

The head of the Kurdistan Judicial Council, Judge Abdul Jabbar Aziz Hassan, on Wednesday stated that Iraq became a federal state in 2004 with the State Administration Law.

Its governance system, outlined in Article 4, is based on historical and geographical facts, separating powers between the center and the Kurdistan Region, he added in an official statement.

The 2005 constitution recognized the Kurdistan Region and its authorities, granting it powers except for those reserved for federal authorities.

Judge Hassan explained that anything not exclusively under federal authority is within the region's jurisdiction. He emphasized that regional laws take precedence over federal laws in areas of shared authority.

He criticized the Federal Court for overstepping its legal boundaries, citing its decision to cancel the minority quota in the Kurdistan Parliament election law.

Kurdistan’s judiciary believes that the division of electoral districts is solely the regional parliament's responsibility, not the Federal Court's.

KRG Prime Minister Masrour Barzani reaffirmed the region’s commitment to its constitutional rights, stating that they wouldn't be relinquished under any pressure or circumstances.

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In Assad's Hometown, Few Shared in His Family's Fortune. They Hope they Won't Share in His Downfall

A defaced portrait of ousted president Bashar al-Assad hangs on the wall of a building in the capital Damascus on December 17, 2024. (Photo by Sameer Al-DOUMY / AFP)
A defaced portrait of ousted president Bashar al-Assad hangs on the wall of a building in the capital Damascus on December 17, 2024. (Photo by Sameer Al-DOUMY / AFP)
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In Assad's Hometown, Few Shared in His Family's Fortune. They Hope they Won't Share in His Downfall

A defaced portrait of ousted president Bashar al-Assad hangs on the wall of a building in the capital Damascus on December 17, 2024. (Photo by Sameer Al-DOUMY / AFP)
A defaced portrait of ousted president Bashar al-Assad hangs on the wall of a building in the capital Damascus on December 17, 2024. (Photo by Sameer Al-DOUMY / AFP)

On the walls of the palatial mausoleum built to house the remains of former Syrian President Hafez Assad, vandals have sprayed variations of the phrase, “Damn your soul, Hafez.”
Nearly two weeks after the ouster of his son, Bashar Assad, people streamed in to take photos next to the burned-out hollow where the elder Assad’s grave used to be. It was torched by opposition fighters after a lightning offensive overthrew Assad's government, bringing more than a half-century rule by the Assad dynasty to an end, The Associated Press said.
The mausoleum's sprawling grounds — and the surrounding area, where the ousted president and other relatives had villas — were until recently off limits to residents of Qardaha, the former presidential dynasty's hometown in the mountains overlooking the coastal city of Latakia.
Nearby, Bashar Assad’s house was emptied by looters, who left the water taps running to flood it. At a villa belonging to three of his cousins, a father and his two young sons were removing pipes to sell the scrap metal. A gutted piano was tipped over on the floor.
While the Assads lived in luxury, most Qardaha residents — many, like Assad, members of the Alawite minority sect — survived on manual labor, low-level civil service jobs and farming to eke out a living. Many sent their sons to serve in the army, not out of loyalty to the government but because they had no other option.
“The situation was not what the rest of the Syrian society thought,” said Deeb Dayoub, an Alawite sheikh. “Everyone thought Qardaha was a city built on a marble rock and a square of aquamarine in every house," he said, referring to the trappings of wealth enjoyed by Assad's family.
In the city’s main street, a modest strip of small grocery stores and clothing shops, Ali Youssef, stood next to a coffee cart, gesturing with disdain. “This street is the best market and the best street in Qardaha and it’s full of potholes.”
Families resorted to eating bread dipped in oil and salt because they could not afford meat or vegetables, he said. Youssef said he dodged mandatory military service for two years, but eventually was forced to go.
“Our salary was 300,000 Syrian pounds,” a month, he said — just over $20. “We used to send it to our families to pay the rent or live and eat with it" while working jobs on the side to cover their own expenses.
"Very few people benefited from the former deposed regime,” Youssef said.
So far, residents said, the security forces made up of fighters from Hayat Tahrir al-Sham — the main group in the coalition that unseated Assad, and which is now ruling the country — have been respectful toward them.
“The security situation is fine so far, it’s acceptable, no major issues,” said Mariam al-Ali, who was in the market with her daughter. “There were a few abuses ... but it was fixed.” She did not elaborate, but others said there had been scattered incidents of robberies and looting or threats and insults.
Al-Ali called Assad a “traitor,” but she remained circumspect about her Alawite community's position in the new Syria.
“The most important thing is that there should be no sectarianism, so there will be no more blood spilled,” she said.
Dayoub, the Alawite sheikh, described “a state of anticipation and caution among all citizens in this area, and in general among Alawites,” although he said fears have started to ease.
At the town’s municipal building, dozens of notables sat on bleachers discussing the country' s new reality and what they hoped to convey to the new leadership.
Much was centered around economic woes — retired public servants' salaries had not been paid, the price of fuel had risen, there was no public transportation in the area.
But others had larger concerns.
“We hope that in the next government or the new Syria, we will have rights and duties like any Syrian citizen — we are not asking for any more or less,” said Jaafar Ahmed, a doctoral student and community activist. “We don’t accept the curtailment of our rights because the regime was part of this component.”
Questions also loomed about the fate of the area's sons who had served in Assad's army.
Since the army's collapse in the face of the opposition advance, residents said several thousand young army recruits from Qardaha have gone missing. Some later turned up on lists of former soldiers being held at a detention center in Hama.
“These are young guys who are 22 or 23 and they never took part" in active combat, said Qais Ibrahim, whose nephews were among the missing. Over the past few years, active combat was largely frozen in the country's civil war. “We send our children to the army because we don’t have any other source of income.”
Um Jaafar, who gave only her nickname out of fear of reprisals, said the family had no information about the fate of her two sons, stationed with the army in Raqqa and Deir Ezzour, though one son's name later turned up on the list of those imprisoned in Hama.
“My children got the best grades in school, but I didn’t have the ability to send them to the university,” she said. “They went to the army just for a salary that was barely enough to cover their transportation costs.”
Syria's new authorities have set up “reconciliation centers” around the country where former soldiers can register, hand over their weapons and receive a “reconciliation ID” allowing them to move freely and safely in Syria for three months.
But Ahmed, the doctoral student, said he wants more. As the country attempts to unify and move on after nearly 14 years of civil war, he said, “We want either forgiveness for all or accountability for all.”
Ahmed acknowledged that during the war, “rural Latakia was responsible for some radical groups,” referring to pro-Assad militias accused of widespread abuses against civilians. But, he said, opposition groups also committed abuses.
“We hope that there will be either an open process of reconciliation ... or transitional justice in which all will be held accountable for their mistakes, from all parties," he said.
"We can’t talk about holding accountable one ... group but not another.”