The Iraqi Federal Court announced on Thursday 01 November 2017 that the court cannot express its opinion on whether the Kurdistan referendum was unconstitutional or not before hearing the other party (Kurdistan Regional Government)

“The Prosecutors followed the cases that have been submitted to the Iraqi Federal Court referenced (89, 91, 92, 93 / Federal / 2017) requesting that the verdict of the Iraqi Federal Court on 25 September 2017's referendum to be unconstitutional.”

The Iraqi Federal Court has informed the relevant authorities that in order for us to come to a verdict, the other party (KRG) has to be present, which they have been informed through the KRG representatives at the Council of Ministers, and the last confirmation was on 18 October 2017.

The court cannot express an opinion on the issue of constitutionality or unconstitutionality of the referendum, unless both parties are present, because giving the opinion in advance and without hearing the other party with the existence of these cases are contrary to the revisions of Article 91/5 of the Civil Procedure Law and the Judicial Proceedings.                                                                                                                      

In the above statement published on Thursday 02 November 2017, the Iraqi Federal Supreme Court declares that the court will not rule on the legality of Kurdistan’s Referendum for independence without the presence of Kurdistan Regional Government. This demonstrates that it was unnecessary for the Iraqi government to impose sanctions on the Kurdistan Region in the aftermath of Kurdistan referendum prior to the decision of Iraqi Supreme Court.

It is vital for all parties to find mechanisms for negotiation to resolve the pending issues on the basis of Iraqi constitution.

Kurdistan Regional Government

United Kingdom Representation