The Chief Justice of Iraq, Faik Zidan, has warned against the dangers of some armed factions unilaterally declaring war, stating that this constitutes a clear violation of the constitution and threatens the stability of both the state and society.
In an official statement released today, Friday, Zidan clarified that the declaration of a state of war cannot be made individually or arbitrarily, but requires specific constitutional procedures. He pointed out that the constitution stipulates that the declaration of war or a state of emergency must be based on a joint request from the President and the Prime Minister, and then presented to the Parliament for approval, requiring a two-thirds majority of members.
Details of the Warning
The Chief Justice emphasized that declaring war is one of the most serious sovereign decisions due to its significant political, military, and legal implications. He explained that unilateral decisions weaken the authority of the state and undermine the principle of the rule of law. He also noted that multiple military decision-making centers could drag the country into internal or regional conflicts without national consensus.
Zidan added that the proliferation of weapons outside the framework of the state increases the likelihood of armed clashes between different parties, threatening the democratic system and marginalizing elected institutions. He called for restricting weapons to the state and strengthening the role of constitutional institutions to ensure security and stability, and to build a strong state based on law and legitimacy.
Background & Context
Zidan's warnings come at a sensitive time, as Iraqi factions under what is known as the Islamic Resistance in Iraq have engaged in confrontations in the American war against Iran, targeting American positions in Iraq with dozens of operations. The United States has responded by bombing the headquarters of these factions, as well as the Popular Mobilization Forces.
In this context, the Iraqi Cabinet decided to authorize the Popular Mobilization Forces and other security agencies to operate under the principle of the 'right to respond and self-defense,' granting the Popular Mobilization Forces, which are officially part of the Iraqi security system, a legal cover to respond to any military aggression targeting their headquarters.
Impact & Consequences
Zidan warned that unilateral declarations of war have negative social repercussions, as citizens live in a state of fear and uncertainty. Public services and the economy are under pressure due to ongoing security tensions. He confirmed that adherence to constitutional texts is a fundamental guarantee for protecting citizens' rights and ensuring state stability.
Failure to adhere to constitutional procedures in declaring war could lead to the disintegration of the social fabric and increase divisions among the components of the Iraqi people, which could negatively impact political and economic stability in the country.
Regional Significance
These warnings are part of a broader scene in the region, where many countries suffer from the influence of armed factions on political and security decisions. The unilateral declaration of war by factions could escalate tensions in the region and increase the likelihood of armed conflict between states.
The stability of Iraq is vital for regional security, and any escalation in the security situation could affect relations between neighboring countries and complicate existing crises in the region.
In conclusion, adherence to the constitution and unifying efforts among government institutions is the only way to ensure Iraq's stability and avoid slipping into chaos.