Iraqi court dismisses request to dissolve parliament amid failure to form new government

Nearly 11 months after Iraq held national elections, the country is still in deadlock

Judge Jassim Mohammed Aboud, head of the Iraqi Federal Supreme Court. EPA

Iraq’s Supreme Federal Court has dismissed on Wednesday a lawsuit to dissolve Parliament after political parties failed to form a new government, nearly 11 months since national elections.

The case has been filed separately by the Sadrist movement, a major Shiite political group endorsed by influential cleric Moqtada Al Sadr, and the independent Waie Movement.

In its ruling on Wednesday, the country's top court said it has no authority to dissolve the Parliament and that lawmakers have to consider the mechanism mentioned in the constitution.

According to the Iraqi constitution, a vote passed by an absolute majority is required to dissolve Parliament, and that vote can be requested only by a third of MPs or by the prime minister, with the president's approval.

Iraq is going through its longest political stalemate since the 2003 US-led invasion that toppled Saddam Hussein, causing widespread tension in the country.

Early elections in October last year came in response to one of the core demands of a nationwide, pro-reform protest movement that began in 2019 in central and southern parts of the country.

The elections were the fifth parliamentary vote for a full-term government since the 2003 invasion.

Since then, bitter rivalry among political elites, mainly among the country’s majority Shiites, has delayed the process of forming a government.

The Sadrists won the most seats of any single party – 73 seats in the 329-seat Parliament – but was unable to find enough support from other parties to form a coalition government. Mr Al Sadr also faced opposition from his Shiite rivals, the Tehran-allied Co-ordination Framework.

In June, he ordered his MPs to resign and a few weeks later his supporters staged protests outside the parliament building to hinder efforts by his rivals to form the government.

He demanded the dissolution of the legislative body and the holding of snap elections. But that request was rejected by the Supreme Judicial Council, saying it has no power to dissolve Parliament.

Iraqi Prime Minister Mustafa Al Kadhimi has threatened to resign if the political stand-off in the country is not resolved. Photo: Iraqi Prime Minister's Media Office

An aerial view of Yafa Street in Baghdad after Shiite cleric Moqtada Al Sadr called on his supporters to withdraw from the Iraqi capital's heavily fortified Green Zone. AP

Plumes of smoke rise after small fires were lit near the Tomb of the Unknown Soldier and Parliament in Baghdad. AP

Mr Al Sadr's followers heed his call to withdraw from the Green Zone after violent clashes in Baghdad. Reuters

A supporter of Mr Al Sadr helps to dismantle the encampment in Baghdad's high-security Green Zone. AFP

Supporters of Mr Al Sadr pack up belongings as they prepare to leave the Green Zone. AP

A supporter of Mr Al Sadr rolls up a mattress as their encampment in the Green Zone is dismantled. AFP

Municipality workers clean up while Iraqi army soldiers guard the entrance to the Green Zone. AFP

Mr Al Sadr addresses a news conference in Najaf, Iraq. Reuters

Iraqi Shiite gunmen clash with government forces in the Green Zone of central Baghdad. EPA

Smoke rises from a building in Baghdad. EPA

Armed members of Saraya Al Salam, the military wing affiliated with Shiite cleric Moqtada Al Sadr. AFP

An armed member of Saraya Al Salam. AFP

A member of Saraya Al Salam takes aim. AFP

Armed members of the Peace Brigades militia in Baghdad's Green Zone. AFP

They are affiliated with Shiite cleric Moqtada Al Sadr. AFP

Peace Brigades members clash with security forces in the Iraqi capital. AFP

The office of rival Shiite party the Badr Organisation, which was burnt by Sadrists. Reuters

Iraqi security armoured vehicles during clashes with the Peace Brigades in the Green Zone. AFP

Peace Brigades members carry weapons in the fortified zone. AFP

Smoke over Baghdad during an army-imposed curfew, a day after 23 Al Sadr supporters were shot dead. AFP

A Peace Brigades member leads a mass funeral in Najaf for Al Sadr supporters killed in the clashes in Baghdad's Green Zone. AFP

Tears during the mass funeral. AFP

Mourners pray in front of the coffins of Al Sadr supporters. Reuters

A coffin is carried at the funeral. AFP

The ceremony took place at a cemetery in Najaf, central Iraq. AFP

Mr Al Sadr said that his request was based on the constitutional deadlines for appointing a new president and prime minister being missed.

The escalation hit new levels last week when hundreds of Mr Al Sadr’s supporters stormed the streets of the fortified Green Zone, taking over the republican palace shortly after he announced his "definitive retirement" from politics and the closure of all Sadrist institutions.

The angry mob faced live ammunition from Iran-backed Shiite militias, prompting clashes between two sides for nearly 24 hours inside the zone, which is home to key government offices, foreign embassies and residences of senior politicians.

At least 30 people were killed, mostly supporters of Mr Al Sadr, and dozens of others were wounded.