Top Iraq Court Ends Parliament Speaker Halbousi’s Tenure

Iraqi Speaker of parliament Mohammed al-Halbousi speaks with the news media as he departs the Department of State after meeting with Secretary of State Mike Pompeo, in Washington, on March 28, 2019. (AP)
Iraqi Speaker of parliament Mohammed al-Halbousi speaks with the news media as he departs the Department of State after meeting with Secretary of State Mike Pompeo, in Washington, on March 28, 2019. (AP)
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Top Iraq Court Ends Parliament Speaker Halbousi’s Tenure

Iraqi Speaker of parliament Mohammed al-Halbousi speaks with the news media as he departs the Department of State after meeting with Secretary of State Mike Pompeo, in Washington, on March 28, 2019. (AP)
Iraqi Speaker of parliament Mohammed al-Halbousi speaks with the news media as he departs the Department of State after meeting with Secretary of State Mike Pompeo, in Washington, on March 28, 2019. (AP)

The Iraqi Federal Supreme Court on Tuesday terminated parliament speaker Mohammed Halbousi's tenure, state media said, in a shock decision that upends the career of Iraq's most powerful Sunni politician and sets the stage for a fight over succession.

In a video shared by his media office, Halbousi said the decision was "strange" and implied that it violated the constitution and undermined national stability, though he did not elaborate.

"We are surprised by the issuance of such decisions, we are surprised by their lack of respect for the constitution," he said.

State media said the decision, which is final and not subject to appeal, was related to a Federal Supreme Court case brought against Halbousi earlier this year, without elaborating.

Re-elected in 2022, Halbousi was serving his second term as speaker, a post he assumed in 2018 and which, under the sectarian power-sharing system established after the 2003 US invasion, is the highest office reserved for a Sunni.

Under the governing system in place since the post-Saddam Hussein constitution was adopted in 2005, the prime minister is a member of the Shiite majority, the speaker is a Sunni and the largely ceremonial role of president is held by a Kurd.

This sectarian formula has often come under heavy strain as a result of competing agendas and has divided the spoils of massive oil wealth between powerful factions while failing to prevent bloodshed or provide people with even basic services.

Rapid rise

Halbousi, a 42-year-old engineer from western Iraq who worked as a UScontractor after the invasion, cultivated good relations and made deals with powerful Shiite and Kurdish factions, who helped his rapid rise to power.

But more recently, he lost support within Iraq's ruling Shiite alliance, the pro-Iran Coordination Framework, after he tried to form a government with their opponents following 2022 parliamentary polls.

Though he ultimately joined the Framework in government, the damage was done and he was seen as untrustworthy and as accumulating too much power due to his push to rally Sunnis who were politically divided since 2003 into a unified front, analysts say.

"The narrative around Halbousi is that he rose too quickly and made a lot of enemies in the process," said Renad Mansour, director of the Iraq Initiative at London's Chatham House think tank. "He has been punished by the central government through legal mechanisms because of this."

"Weakened opponents put the ruling Shiite parties in a better position. They are in a better position when Sunnis or Kurds are divided and fighting internal disputes," Mansour said.

Critics say Iraq's judicial system is widely subject to political influence, though top judges say it is an independent branch of government.

Lawmakers had gathered for a regular parliamentary session and Halbousi was in the chamber at the time that the decision was issued but then exited, independent Iraqi lawmaker Amer al-Fayiz told Reuters.

Deputy speaker Mohsen al-Mandalawi, a Shiite, takes over as interim speaker until a new speaker is elected.

Halbousi's ouster comes just over a month before Iraq holds elections for provincial councils that last took place a decade ago.



Iraq Condemns US Attempt to Undermine its Judiciary

Iraqi Supreme Judicial Council President Faiq Zidan (second left), Prime Minister Mohammed Shia al-Sudani (C) and Popular Mobilization Forces leader Falih al-Fayyadh. (AFP)
Iraqi Supreme Judicial Council President Faiq Zidan (second left), Prime Minister Mohammed Shia al-Sudani (C) and Popular Mobilization Forces leader Falih al-Fayyadh. (AFP)
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Iraq Condemns US Attempt to Undermine its Judiciary

Iraqi Supreme Judicial Council President Faiq Zidan (second left), Prime Minister Mohammed Shia al-Sudani (C) and Popular Mobilization Forces leader Falih al-Fayyadh. (AFP)
Iraqi Supreme Judicial Council President Faiq Zidan (second left), Prime Minister Mohammed Shia al-Sudani (C) and Popular Mobilization Forces leader Falih al-Fayyadh. (AFP)

The Iraqi Foreign Ministry condemned on Saturday Republican Senator Mike Waltz for submitting a bill that would designate Iraq's Supreme Judicial Council and its president, Faiq Zidan, as "Iranian-controlled assets."

Waltz, a member of the House Armed Services and Foreign Affairs Committees, said he was set to introduce an amendment to the foreign appropriations bill to make the designation.

The measure is expected to garner bipartisan support and make its way into the final legislation, reported the Washington Free Beacon.

The Foreign Ministry slammed Waltz’s move as "flagrant meddling in Iraqi affairs."

Acting parliament Speaker Mohsen al-Mandalawi said the amendment was a "dangerous precedent."

The proposal has already riled members of the pro-Iran Coordination Framework.

"If adopted, the measure will mark the first time that Congress, and therefore the Biden administration, is calling out by name the Iraqi leaders who are enabling Iran to overtake Baghdad's government and use Iraq to foment terrorism," reported the Washington Free Beacon.

"Congressional sources said they are counting on the measure to serve as a wake-up call to Iraq's government as the country morphs into an Iranian client state," it added.

"Zidan and his judicial council are the leading forces advancing Iran's interest in Iraq and helping Tehran's militia groups gain a foothold in the country. His court is behind a contested February 2022 ruling that required a two-thirds majority to select the president of Iraq," it reported.

"Through 'soft war' and the use (and misuse) of the legal system and courts, the coalition of [Iranian] militias has hit upon a winning combination that largely uses non-kinetic tools to build a trifecta of power that comprises the judiciary, civilian and military sides of the executive branch, as well as the legislature," the Washington Institute for Near East Policy (WINEP) think tank wrote in a 2023 analysis of the situation. Through this effort, Iran effectively created "regime change" in Iraq, said the Washington Free Beacon.

His 2022 ruling "shifted the goalposts for government formation, making it almost impossible to form a government without a super-majority, including the [Iranian] militias" and the Coordination Framework, according to WINEP. This decision marked "the turning on its head of democracy in Iraq and a return to the minority rule," it added.

This decision effectively prevented Iraq's anti-Iran elements, such as the Kurds, from forming a more US-friendly government, said the Washington Free Beacon.

Legal sources explained that the proposal, if approved, would bar various American authorities from working with Zidan and Iraq’s judiciary overall. The United States’ allies may also follow suit.

Izzat all-Shabandar, a politician close to the Coordination Framework, condemned Waltz’s proposal as flagrant meddling in Iraqi internal affairs.

Former member of the Iraqi High Commission for Human Rights Ali al-Bayati said the proposal would "isolate Iraq on the international stage the way late president Saddam Hussein’s policies did."

In a tweet on the X platform, he warned that the move "was very dangerous and demands rapid diplomatic efforts" to counter it. It demands more than just performative statements.

He warned that if the proposal is enacted, then practical steps would be taken to isolate Iraq on the international arena.

Former diplomat Ghazi al-Faisal said the American move aims to counter Iran’s hegemony over Iraq.

He told Asharq Al-Awsat that Washington views Iran’s agenda in Iraq as terrorist. It also views it as the world’s top state-sponsor of terrorism.

Congress’ move will complicate relations and create crises between Washington and Baghdad, he added