Iraq judicial chief: Unilateral military decisions violate constitution

The head of Iraq’s Supreme Judicial Council, Faiq Zaidan, has cautioned that armed groups operating outside state authority cannot make unilateral decisions on matters of war and peace, warning that such actions could have serious consequences and violate the constitution.

In a statement cited by the Supreme Judicial Council, Zaidan emphasised that Iraq’s legal framework clearly defines the process for declaring war. He pointed to Article 61 (ninth), which requires a formal procedure involving the President, the Prime Minister, and approval by a two-thirds majority in parliament, as per Caliber.Az.

According to Zaidan, any attempt to bypass this process undermines state governance and weakens the rule of law. “Attempts by armed groups to independently make decisions during hostilities pose a threat to sovereignty and stability,” he said, stressing that such actions risk fragmenting authority and could draw Iraq into conflict without national consensus.

He also highlighted the dangers posed by the proliferation of weapons outside government control, linking this to an increased likelihood of internal confrontation.

Zaidan further warned of broader consequences, stating that “bypassing elected institutions could undermine public trust and lead to international sanctions against Iraq,” which in turn would harm both public confidence and economic activity.

He concluded by calling for tighter state oversight of weapons circulation and stronger constitutional institutions as essential steps to safeguard stability and preserve national sovereignty.

By Tamilla Hasanova