ERBIL, Kurdistan Region of Iraq - Iraq’s Federal Supreme Court on Tuesday declared unconstitutional a decision issued under the Baath regime that suspended laws allowing non-Iraqis to own property and invest in Iraqi companies.

The court issued its ruling during a session chaired by its president, Judge Mundher Ibrahim Hussein, as it considered a case filed “by the Prime Minister, in his official capacity, against the Speaker of the Council of Representatives, in his official capacity,” according to a statement from the court’s media office.

The case challenged Decision No. 23 of 1994, as amended by Decision No. 33 of 1997 under the now-dissolved Revolutionary Command Council. The measure suspended laws and decisions permitting non-Iraqis to own property or invest in Iraqi companies in any form. It also stipulated prison terms of one to three years for violations, according to the court’s statement.

The court ruled that the decision violated Articles 23(Third)(A), 25 and 26 of Iraq’s 2005 Constitution, adding that “the ruling was issued unanimously, is final and binding on all authorities.”

Article 23 of the Constitution guarantees Iraqis the right to own property anywhere in the country, while allowing exceptions for non-Iraqi ownership of immovable property “except as exempted by law”. Articles 25 and 26 call for economic reform, the development of the private sector and the promotion of investment.

Iraq’s Investment Law No. 13 of 2006 also sets out specific rights and conditions for foreign investors, including provisions allowing property ownership for approved housing projects.

The ruling strikes down the decades-old decision but does not, by itself, grant non-Iraqis an unrestricted right to own property throughout Iraq, as foreign ownership remains subject to the Constitution and applicable laws.