ERBIL, Kurdistan Region of Iraq - The Iraqi presidency issued on Thursday a formal decree to finalize the appointment of Judge Mundher Ibrahim Hussein as the new head of the Federal Supreme Court, which was promptly followed by a swearing-in ceremony before President Abdul Latif Rashid.
"Judge Mundher Ibrahim Hussein, Chief Justice of the Federal Supreme Court, was sworn in today… at the Baghdad Palace, before His Excellency the President of the Republic, Dr. Abdul Latif Jamal Rashid,” read a statement by the presidency.
President Rashid "affirmed his full support for the success of the Federal Supreme Court in its constitutional duties, noting the pivotal role the court plays in protecting the democratic process, ensuring the separation of powers, and ensuring judicial independence,” the statement read.
The presidency said that Hussein has expressed "his commitment to the provisions of the constitution and the law, and his commitment to ensuring the independence of the court and protecting it from any interference, regardless of its source.”
The top court’s work was halted earlier this month after nine judges resigned due to political disagreements, including over the disputed Khor Abdullah waterway between Iraq and Kuwait, with the court having annulled the law ratifying an agreement between the two countries relating to the tidal channel due to the “unconstitutionality of the parliament's vote,” saying the process was held without the two-thirds majority needed to vote on international agreements.
The Khor Abdullah deal delineates the control of the Khor Abdullah waterway in the south of Iraq, drawing a line down the river’s center to divide maritime rights between Iraq and Kuwait.
Both Iraqi President Rashid and Prime Minister Mohammed Shia’ al-Sudani appealed the decision, urging the court to reverse course, with the political pressure being cited as a key reason for the mass resignations.
Kuwait, along with the Gulf Cooperation Council (GCC) states, also expressed their concern at the Iraqi court’s blocking of the agreement.
Following the resignations, former Federal Supreme Court Chief Judge Jassim al-Umairi requested retirement for health reasons.
On Sunday, the Supreme Judicial Council approved his retirement and nominated a replacement. According to a statement, the committee responsible for appointments under Article 3 of the amended Federal Supreme Court Law No. 30 of 2005 agreed to retire Umairi and selected Judge Mundher Ibrahim Hussein, deputy president of the Federal Court of Cassation, to replace him.
The nine judges later rescinded their resignations upon Hussein's appointment.
Now that the new head is elected, the Court will resume its sessions next week, with the first session set to review funding for civil servant salaries in the Kurdistan Region.
Judge Hussein was born in Baghdad in 1963. He earned a law degree from the University of Baghdad in 1989 and graduated from the Judicial Institute in 1998.
Since 2018, he has served in the Federal Cassation Court and leads the court’s criminal chamber. Hussein was also a reserve member of the Federal Supreme Court prior to his recent appointment as chief.