Iraq's Federal Court Refuses to Issue Injunction to Halt Halabja Provincialisation Procedures

PUKMEDIA

Halabja Monument.

The Federal Supreme Court of Iraq has declined a request submitted by five members of the Iraqi Parliament to issue an injunction suspending the implementation of the Halabja Provincialisation Law, pending a decision on the legality of the parliamentary session during which the law was passed.

The plaintiffs—five MPs—filed a legal action against the Speaker of Parliament and his two deputies, asserting that the procedures undertaken to pass the Halabja Provincialisation Law were unconstitutional. They alleged that the law was pushed through without achieving the required constitutional quorum for the vote.

In their petition, the MPs also sought an urgent injunction to suspend the execution of the law until a final ruling on the lawsuit is delivered.

After careful review and deliberation, the Federal Supreme Court issued its decision in Case No. 68/Federal/Statutory Order/2025, dated 6 May 2025, rejecting the request for a provisional order to halt the law's implementation.

In its ruling, the Court stated: “The applicants’ request for the issuance of a state order must be rejected for two reasons: first, the request lacks the element of urgency; and second, granting it would constitute a preliminary judgement on the merits of the case currently under review by this Court.”

The judgment concluded: “In light of the above and for the reasons set out, the Federal Supreme Court has resolved to reject the applicants’ request for the issuance of a state order.”

The Kurdistan Regional Government (KRG) had previously recognised Halabja as its fourth province on 13 March 2014, but federal recognition was delayed for more than a decade due to political disagreements and legislative postponements. The Halabja Provincialisation Law, which had been under parliamentary consideration for over a year, was finally approved after overcoming disputes among lawmakers and was subsequently submitted to the presidency on 27 April 2025.

The law has already been signed by the Iraqi President Abdullatif Jamal Rashid and has also been published in the Iraqi Gazette.

Halabja province comprises one district and four sub-districts-Sirwan, Khurmal, Biara, and Bamo-encompassing a total of 166 villages. The elevation of Halabja to provincial status is widely regarded as a step toward addressing the sacrifices and suffering endured by its residents and is expected to facilitate greater access to federal resources, development initiatives, and public services.

The passage of this law is seen as a long-awaited act of justice and recognition for Halabja’s victims and their families. Iraqi and Kurdish leaders have hailed the decision as a pivotal moment, expressing hope that it will lead to meaningful compensation, reconstruction, and sustained development for the province and its people.



PUKMEDIA