Federal Court affirms Iraq's sovereignty, rejects Parliament's request on foreign troops presence

Shafaq News/ On Tuesday, the Federal Supreme Court of Iraq (FSC) issued a ruling interpreting the phrase "fully sovereignty" as stated in Article (1) of the 2005 Constitution of the Republic of Iraq.

The ruling outlined that the Constitution guarantees Iraq's unity, as this unity requires full sovereignty over all its territory, airspace, and territorial waters.

“This necessitates that all federal authorities, Regional governments, decentralized governorates, and local administrations adhere to the constitutional provisions to maintain Iraq's unity and refrain from any actions that undermine its sovereignty,” it explained.

In this context, the FSC noted that its ruling numbered (89/Federal/2024) emphasized, " Any authority that violates this will have breached the constitution and jeopardized Iraq's sovereignty under Articles (1, 8, 50, 109, and 116) of the 2005 Constitution.”

Meanwhile, the Federal Court, Iraq's highest judicial authority, rejected Parliament's request for clarification on the constitutional procedure the Council of Representatives must follow if the government fails to terminate foreign troops' missions in Iraq, citing a “lack of jurisdiction.”

Coalition Forces Withdrawal Agreement

Washington and Baghdad have finalized an agreement on the withdrawal plan for US-led Coalition forces from Iraq. Reports indicate that hundreds of troops are scheduled to leave by September 2025, with the remainder expected to depart by the end of the following year.

This agreement followed over six months of negotiations initiated by Iraqi Prime Minister Mohammed Shia Al-Sudani in January 2023, amid increasing attacks by Iranian-backed factions on US forces, which had warned of a potential resurgence of assaults if delays in the withdrawal talks persisted.

An "official" declaration was initially planned weeks ago but was postponed due to regional escalations following events in Gaza and incidents like the attack on Ain Al-Asad Airbase.

Last August, the Iraqi Foreign Ministry confirmed the postponement of the announcement regarding the end of the coalition's mission, with the Foreign Minister noting that the conditions of the negotiations had changed.

The United States and Iraq aim to establish a new advisory relationship that could keep some US forces in Iraq even after the withdrawal.