Declaring a state of war is among the most serious sovereign decisions a state can take, given its profound political, military, and legal consequences. In Iraq, the constitution strictly regulates this process to prevent misuse and to strike a balance between protecting the state and preserving its democratic system.
The 2005 Iraqi Constitution stipulates that this decision cannot be taken unilaterally or arbitrarily; it requires specific constitutional procedures. Under Article 61 (Ninth), a state of war or emergency is declared based on a joint request from the President of the Republic and the Prime Minister, which must then be submitted to the Council of Representatives for approval.
A two-thirds majority of the members of the Council of Representatives is required to approve a declaration of war, a threshold that reflects the gravity of the decision and is intended to ensure broad national consensus before entering into armed conflict.
The Iraqi Constitution establishes a precise legal framework for declaring war, balancing the need to protect the state from external and internal threats with the need to preserve the democratic system and prevent authoritarianism. Adhering to these constitutional provisions is essential to safeguarding citizens' rights and ensuring state stability.
The actions of certain armed factions, and their attempts to unilaterally make decisions of war and peace, constitute a serious threat to state sovereignty and social stability, as well as a disruption of legal and security order.
When armed groups effectively declare war by engaging in military activities, this amounts to a clear violation of the constitution. This authority is exclusively vested in legitimate constitutional institutions that represent the will of the people and operate within a defined legal framework. When factions assume such authority, they weaken the state and undermine the rule of law.
From a security standpoint, such unilateral actions create multiple centers of military decision-making, leading to chaos and instability, and may drag Iraq into internal or regional conflicts without national consensus. The proliferation of arms outside state control also increases the risk of armed clashes between groups within society.
Politically, this behavior threatens the democratic system, as it bypasses elected institutions and marginalizes their role, diminishing citizens’ trust in the state. Unofficial decisions to wage war may also expose the country to international isolation or sanctions.
Socially, this situation has a direct impact on citizens’ lives, as people live in a state of fear and uncertainty, while public services and the economy are strained by ongoing security tensions.
The unilateral declaration of war by armed factions represents a grave threat to Iraq’s state and society, undermining national sovereignty and the legal order. It is therefore essential to confine arms to the hands of the state and to strengthen constitutional institutions in order to ensure security and stability and to build a state founded on law and legitimacy.
