In a development that could impact the ongoing Khor Abdullah dispute between Kuwait and Iraq, the Iraqi Supreme Judicial Council announced the retirement of the Chief Justice of the Federal Supreme Court, Judge Jassim Al-Amiri, citing health reasons. The council has nominated Judge Munther Hussein, the current Deputy Chief Justice of the Federal Court of Cassation, as his successor.
The decision comes amid heightened scrutiny of the judiciary’s role in politically sensitive matters. On June 20, the Iraqi Federal Court postponed for the fourth time its review of appeals submitted by Iraqi President Abdul Latif Rashid and Prime Minister Mohammed Shia al-Sudani, reports Al-Jarida daily.
These appeals challenge the court’s previous ruling that invalidated Law No. 42 of 2013, which ratified the Iraq-Kuwait agreement regulating navigation in the Khor Abdullah waterway.
Judge Munther Hussein, born in Baghdad in 1963, holds a law degree from the University of Baghdad and graduated from the Judicial Institute in 1998. He has served in the Federal Court of Cassation since 2018 and currently leads its Criminal Panel.
As a reserve member of the Federal Supreme Court, Hussein’s nomination was made by a four-member judicial committee headed by the President of the Judicial Council and will require a presidential decree or, alternatively, an order from the Speaker of Parliament if the President does not act within 15 days.
Legal expert Ali Al-Tamimi described the court’s current state as troubled, stating that “internal administrative issues and possible political pressures” have affected its functionality. He urged transparency in the circumstances surrounding the retirement, noting conflicting accounts and unclear motivations behind the sudden change.
Al-Tamimi clarified that Judge Al-Amiri did not resign but rather submitted a request for retirement due to health concerns. Although nine other court members had reportedly submitted their resignations, the council has so far only acted on Al-Amiri’s referral. Whether the remaining resignations are still in effect remains unclear.
The legal implications of this judicial shake-up are significant. Al-Tamimi noted that Judge Hussein’s nomination follows the procedure outlined in Law No. 25 of 2020/2021 governing the Federal Supreme Court, which specifies the steps for judicial replacement through presidential or parliamentary action.
Amid these developments, Iraqi legal analysts have voiced concern over the timing of the changes, particularly with national elections scheduled for November 11.
The Federal Supreme Court holds the authority to ratify election results, and its internal instability could jeopardize both the timing and credibility of the electoral process.
