Federal Court awaits on General Amnesty Law decision

Shafaq News/ Iraq's Federal Supreme Court decided, on Thursday to postpone issuing its ruling on a lawsuit filed by members of the parliament regarding the General Amnesty Law.

A judicial source told Shafaq News that the court deferred its decision after receiving a response from the Legal Affairs Directorate of the Parliament concerning the lawsuit against the law. The source declined to provide further details.

On January 21, the Iraqi parliament session passed several controversial laws, including amendments to the General Amnesty Law, the Personal Status Law, and the Restitution Law in Kirkuk. The session also witnessed the collection of signatures for the dismissal of Speaker of the Parliament, Mahmoud Al-Mashhadani, in protest of the voting process, which some lawmakers deemed unconstitutional.

Last Tuesday, the Federal Supreme Court issued a temporary injunction halting the implementation of the three laws approved by parliament. This decision faced widespread rejection from Sunni political forces and, to a lesser extent, Kurdish factions.

Meanwhile, Iraq’s Supreme Judicial Council ruled on Wednesday that laws passed by parliament cannot be suspended before their official publication in the government gazette. The council emphasized that Iraqi courts must enforce the amended General Amnesty Law, noting that Article 129 of the Constitution prohibits the suspension of laws unless deemed unconstitutional by a final court ruling. The council further clarified that injunctive orders are temporary and do not have the binding authority of final judicial decisions.

As of today, courts in various Iraqi provinces have started implementing the amendments to the General Amnesty Law, under the provisions and instructions issued by the Supreme Judicial Council, despite opposition from the Federal Supreme Court.