BAGHDAD—The resumption of operations at Iraq’s top court is imminent after nine judges, who had resigned recently, agreed to return following a key leadership transition. The Supreme Judicial Council announced the retirement of Judge Jassim Mohammed Abboud Al-Amiri, citing health reasons and appointed Judge Mundher Ibrahim Hussein as his successor.
On Monday, Hussein officially took over as president of the Federal Supreme Court via a presidential decree. This leadership change was pivotal in convincing the judges to retract their resignations, which had originally been prompted by concerns over external interference that threatened the court’s autonomy. Due to confidentiality rules, a court official speaking anonymously confirmed this information.
The Federal Supreme Court has been at the center of several contentious rulings perceived as politically driven. One notable decision was the removal of Mohammed Al-Halbousi, a key Sunni political figure and former Parliament Speaker, in November 2023, a move that stirred political unrest. In February, the court dismissed a legal barricade obstructing three polarizing legislative measures from the country’s Parliament.
The disputed laws encompassed an amendment enhancing the role of Islamic courts in personal matters such as marriage and inheritance, provoking criticism for potentially infringing on women’s rights. Furthermore, a general amnesty law, considered by some as lenient towards individuals involved in corruption and war crimes, faced opposition. The third contentious bill looked to restore lands to the Kurds, a decision fraught with concerns of potential Arab displacement as a consequence of former policies under Saddam Hussein.
The legitimacy of the legislative process for these laws was disputed by several Parliament members, who argued that combining the votes for diverse bills violated proper voting protocol. More recently, the court’s ruling overturning an agreement with Kuwait on the Khor Abdullah waterway regulation led to diplomatic and constitutional tensions, sparking censure from Prime Minister Mohammed Shia al-Sudani and President Abdul Latif Rashid.
Conflicts between the Federal Supreme Court and other judicial entities had escalated, further complicating the judicial landscape. Judge al-Amiri, prior to his retirement, sought to convene the State Administration Coalition—a key governing coalition—to tackle emerging disputes between the Supreme Court and the Court of Cassation. Despite two requests involving participation by constitutional and legal experts, both were declined.
The judges’ return averted a looming constitutional crisis, which would have resulted should the Supreme Court have remained without a full bench, illustrating the critical importance of the recent compromise and leadership changes.