Iraq’s Supreme Judicial Council announced the nomination of Judge Mundhir Ibrahim Hussein to head the Federal Supreme Court following Jasim Al-Amiri’s resignation. The move culminates an intense power struggle between Al-Amiri and Judicial Council Chief Faiq Zaidan that ended with Al-Amiri’s exit from the arena, despite official claims citing health reasons for the leadership change.

Background on the Federal Supreme Court

The Federal Supreme Court is Iraq’s highest court, tasked with “examining the constitutionality of laws and regulations in force in Iraq, and canceling those that conflict with constitutional provisions.”

According to the Council’s statement, “the specialized committee for selecting the court president, as stipulated in Article (3-First and Second) of the Federal Supreme Court Law, approved referring current Federal Supreme Court President Judge Jasim Mohammed Aboud to retirement for health reasons, and nominating Federal Court of Cassation Deputy President Judge Mundhir Ibrahim Hussein in his place. President of the Republic (Abdul Latif Rashid) has been approached to issue the presidential decree for the appointment.”

Court Composition and Selection Process

The Federal Supreme Court, according to Article 3-First, consists of a president, deputy president, and seven original members, chosen from among first-class judges continuing in service, whose actual judicial service is not less than 15 years.

The article’s second clause states that the President of the Supreme Judicial Council, President of the Federal Supreme Court, Head of the Public Prosecution Service, and Head of the Judicial Supervision Authority shall select the court president, deputy, and members from among nominated judges, with representation of the Kurdistan Region in the court’s composition.

After the selection process, names are submitted to the President of the Republic to issue the presidential appointment decree within a maximum period of 15 days from the date of their selection.

Profile of the New Nominee

According to the Judicial Council’s statement, the new nominee for Federal Court president, Judge Mundhir Ibrahim Hussein, was born in Baghdad (1963) and holds a law degree from Baghdad University’s College of Law in 1989. He graduated from the Judicial Institute in 1998, worked in the Federal Court of Cassation since 2018, and currently holds the position of Deputy President of the Federal Court of Cassation and Head of its Criminal Division. He is also a reserve member of the Federal Supreme Court.

The Real Conflict Behind the Resignation

Despite the Judicial Council’s statement about “health reasons” that led to former court president Jasim Al-Amiri’s retirement, an intense struggle was raging between Al-Amiri and Judicial Council President Faiq Zaidan, which ended with the latter’s success in removing Al-Amiri and nominating his deputy in the Court of Cassation, Judge Mundhir Ibrahim Hussein, to occupy the Federal Court presidency.

Zaidan holds, in addition to the presidency of the Supreme Judicial Council, the position of President of the Court of Cassation.

Judicial sources speak of “wings conflict” within the judicial authority, with more than one conflict erupting during recent months between Faiq Zaidan and Jasim Al-Amiri, ending with the latter’s exit from the conflict arena.

Mass Resignation and Its Aftermath

The nine members of the Federal Court, including President Jasim Al-Amiri, submitted a collective resignation on June 19, as a result of the escalating conflict between the Judicial Council and the Federal Court. However, the resignation practically led to the president’s removal from his position while the remaining members stayed, paving the way for their return to the court after selecting the new court president.

Despite intensive efforts made by Al-Amiri during the last ten days to contain the conflict between the court, the Judicial Council, and the Court of Cassation, his endeavors were unsuccessful due to rejection from Parliament Speaker Mahmoud Al-Mashhadani and President Abdul Latif Rashid.

Failed Mediation Attempts

Al-Amiri had submitted two requests to Presidents Al-Mashhadani and Rashid asking them to call the “State Administration” coalition dominating the government to convene to deliberate on “the dispute between Federal Supreme Court decisions and Federal Court of Cassation decisions, and invite constitutional and legal experts to attend the meeting and express opinions on this matter.”

However, his request was rejected by both presidents. President Abdul Latif Rashid’s response to Al-Amiri’s request stated that “this approach (the request) contradicts the principle of judicial authority independence stated in Article 87 of the Constitution, which stipulates that the judicial authority is independent and exercised by courts of all types and degrees, issuing judgments according to law.”

Institutional Conflicts and Defiance

Even with the definitive and non-appealable nature of Federal Court decisions, the Federal Court of Cassation, headed by Judicial Council President Faiq Zaidan, previously ignored the precautionary order issued by the Federal Court in early April regarding the temporary suspension of implementing the General Amnesty Law. The Cassation Court proceeded with procedures to release those covered by the amnesty after parliamentary approval without considering Federal Court orders.

The Court of Cassation also rejected, in early June, a ruling issued by the Federal Court regarding the unconstitutionality of Article 35 of the Unified Retirement Law, revealing the extent of conflict between judicial authority wings.

Judicial affairs observers believe that Judge Faiq Zaidan won the current round of conflict and managed to remove his opponent, the former court president.

Reference: Al-Sharq Al-Awsat, Baghdad: Fadel Al-Nashmi, Published: 15:49 – June 29, 2025