Zaidan: Declaring War Requires Joint Presidential–Premier Request and Two-Thirds Parliamentary Approval

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Faiq Zaidan.

Faiq Zaidan, head of Iraq’s Supreme Judicial Council, has affirmed that declaring a state of war or emergency must follow strict constitutional procedures, requiring a joint request from the President and the Prime Minister and the approval of two-thirds of Parliament.

In an article published on Friday, Judge Zaidan described the declaration of war as one of the most serious sovereign decisions, noting that it is exclusively the prerogative of the state due to its wide-ranging political, military and legal consequences. He stressed that Iraq’s Constitution carefully regulates this process to prevent misuse and to maintain a balance between protecting the state and preserving the democratic system.

Zaidan explained that the 2005 Constitution outlines a clear mechanism for declaring a state of war, emphasising that such a decision cannot be taken unilaterally or arbitrarily. Under Article 61(9), a declaration must be initiated through a joint request by the President and the Prime Minister, which is then submitted to the Council of Representatives for approval. He noted that a two-thirds majority is required, reflecting the gravity of the decision and ensuring broad national consensus before engaging in armed conflict.

He added that the Constitution provides a precise legal framework that balances the need to defend the state against internal and external threats with the protection of democratic principles and the prevention of authoritarianism. Adherence to these provisions, he said, is essential for safeguarding citizens’ rights and ensuring national stability.

The judge also warned against the actions of certain armed factions, stating that their attempts to unilaterally determine matters of war and peace pose a serious threat to state sovereignty and societal stability. Such actions, he said, amount to a clear violation of the Constitution, as the authority to declare war rests solely with legitimate constitutional institutions representing the will of the people.

From a security perspective, Zaidan cautioned that unilateral military actions create multiple centres of decision-making, leading to instability and increasing the risk of dragging the country into internal or regional conflicts without national consensus. He also highlighted the dangers posed by the proliferation of weapons outside state control, which could lead to armed clashes within society.

Politically, he warned that bypassing elected institutions undermines the democratic system and risks eroding public trust. He added that unofficial declarations of war could expose Iraq to international isolation or sanctions due to actions taken outside the legal framework.

On a social level, Zaidan noted that such instability fosters fear and uncertainty among citizens, while ongoing security tensions negatively impact public services and the economy.

He concluded by stressing that unilateral declarations of war by armed groups represent a grave danger to both the state and society, calling for weapons to remain exclusively under state control and for stronger constitutional institutions to ensure security, stability, and the rule of law.


PUKMEDIA