The Federal Supreme Court of Iraq[a] (FSC) is the independent judicial body of Iraq that interprets the constitution and determines the constitutionality of laws and regulations. It acts as a final court of appeals, settles disputes among or between the federal government and the regions and governorates, municipalities, and local administrations, and settles accusations directed against the President, the Prime Minister and the Ministers. It also ratifies the final results of the general elections for the Council of Representatives.[2] It consists of nine judges; five Shi'ites, two Sunnis, and two Kurds.[3]
| Federal Supreme Court of Iraq | |
|---|---|
| Established | 2005 |
| Jurisdiction | Iraq |
| Location | Baghdad |
| Authorized by | Constitution of Iraq |
| Website | www.iraqfsc.iq |
| Chief Justice of Iraq | |
| Currently | Jassim Mohamed Aboud Al-Amiri[1] |
| Since | 2021 |
History
editWhen the Coalition Provisional Authority established the Federal Supreme Court (FSC) in 2003, it was intended to serve as the top line of defense for the rule of law in post-Saddam Iraq.[4] Two years later—just before the new constitution was adopted—the Law of the Federal Supreme Court (Law No. 30) was passed granting the FSC extensive powers to determine the constitutionality of legislative and regulatory acts, arbitrate disputes between Baghdad and the regions and governorates, validate parliamentary election results, and assert exclusive jurisdiction over prosecutions against top government authorities. The court was also given several guarantees of independence, including at the administrative and financial levels.[4] Article 92 of the 2005 constitution stipulated that the Iraqi parliament pass a law by super majority (2/3 of the Council of Representatives) vote, that defines the court’s status.[4] In 2021 after a string of failed attempts to reach a compromise between Iraqi (including Kurdish) political parties, the Council of Representatives passed a law (No. 25, 2021) that amended the previous law that defined the FSC (No. 30, 2005), notably, without the required supermajority.
References
edit- ^ "President of FSC receives Chairman and members of the Board of Trustees of the Iraqi Media Network". Federal Supreme Court of Iraq.
- ^ Constitution of Iraq, Section 3, Chapter 3, Article 90
- ^ Menmy, Dana Taib (7 December 2023). "Is Iraq's top court a pro-Iran political tool?". The New Arab.
- ^ a b c Uysal, Selin (December 4, 2023). "Making Sense of Iraq's Politicized Supreme Court Rulings". Washington Institute for Near East Policy.
Notes
editExternal links
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