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.
