Court claims it cannot rule on Kurdistan flag in Kirkuk, Council Head says flag 'legal, constitutional'

ERBIL, Kurdistan Region (Kurdistan 24) – The Federal Supreme Court of Iraq on Monday declared it cannot rule on the legality of the Kurdistan national flag being flown in the disputed province of Kirkuk, while a Kurdish official affirmed the ruling is in favor of the symbolic Kurdish act.

Rebwar Talabani, the head of Kirkuk Provincial Council (KPC) told Kurdistan 24 that the Court was meant to rule on whether it was constitutional or not to fly the Kurdistan flag over public offices in Kirkuk following a complaint submitted by Turkmen officials last year. 

On Monday, the court issued a statement saying it was not within its jurisdiction to rule on the legality of the act and that it is subject to the law of the provinces.

The Kurdish official, while speaking to Kurdistan 24, said this meant the court ruled in favor of the Kurdistan flag being raised in Kirkuk as it could not label the act as ‘illegal’ or ‘unconstitutional.’

After a majority vote in late March 2017, the KPC decided to raise the Kurdistan flag alongside the Iraqi one on all government offices in the province. The Kurdistan flag was later flown over the KPC and most public institutions in Kirkuk.

A number of Turkmen members of the KPC issued a complaint against Talabani and brought the matter to court.

Following the Oct. 16, 2017, attack and takeover of Kirkuk, Iraqi forces and the Iranian-backed Shia Hashd al-Shaabi (PMF) militias brought down the Kurdistan flag across the province, including the ones flown over the KPC and Governor’s offices.

Kirkuk is a disputed territory between the Kurdistan Regional Government (KRG) and the Iraqi Federal Government. The province was under the protection of the Kurdish Peshmerga forces since 2014 before the Iraqi forces carried out a military operation on Oct. 2017 and regained control.

Editing by Nadia Riva