Iraqi Federal Court: no ruling on Kurdistan referendum constitutionality until both sides present case

ERBIL, Kurdistan Region (Kurdistan 24) – Without both parties present, the Iraqi Federal Supreme Court cannot rule on whether the Kurdistan Region’s referendum on independence was unconstitutional, according to an Iraqi official.

In a statement released on Thursday, the spokesperson for the Federal Supreme Court of Iraq, Iyas Samok, announced the court could not rule on the constitutionality of the Sep. 25 referendum on independence for the Kurdistan Region.

“The court cannot express an opinion on the issue of constitutionality or unconstitutionality of the referendum since it previously asked to review it and has not yet heard from both parties,” Samok said.

Days ahead of the referendum, the Federal Supreme Court in Baghdad, the highest judicial authority in Iraq, called for the vote to be suspended “until a ruling on the unconstitutionality of the decision has been settled.”

The Kurdistan Region proceeded with the vote on Sep. 25, and has since called for negotiations with Baghdad, which labeled the referendum “unconstitutional.”

The Kurdish leadership has repeatedly declared it welcomed open and frank discussions with Baghdad “on the basis of the Iraqi Constitution and with no preconditions.” The Iraqi Federal Government, however, has demanded the results of the referendum be canceled before talks could begin and insisted it would impose federal authority over all of Iraq, including border crossings and airports.