Iraqi federal court: Kurdish referendum unconstitutional

BAGHDAD/ERBIL (Reuters) – Iraq’s Supreme Federal Court ruled on Monday that the September 25 Kurdish independence referendum was unconstitutional, and the results are void.

Kurds voted overwhelmingly to break away from Iraq in the referendum, defying the central government in Baghdad and alarming neighboring Turkey and Iran, which have their own Kurdish minorities.

The court is responsible for settling disputes between central and regional governments. The verdict cannot be appealed.

“The Federal Court issued the decision to consider the Kurdish region’s referendum unconstitutional, and this ruling is final,” a court spokesman said. “The power of this ruling should now cancel all the results of the referendum.”

A statement from Iraq’s Prime Minister Haider al-Abadi said: “We call upon everybody to... avoid taking any step which violates the constitution and law.”

The court ruled on November 6 that no region or province can secede. The Kurdistan Regional Government (KRG) said it would respect the verdict, signaling a new phase in efforts to restart negotiations.

The Iraqi government responded to the Kurdish independence referendum by seizing the Kurdish-held city of Kirkuk and other territory disputed between the Kurds and the central government. It also banned direct flights to Kurdistan and demanded control over border crossings.

Kurdish president Masoud Barzani stepped down over the affair, and the regional government, led by his nephew Prime Minister Nechirvan Barzani, has tried to negotiate an end to the confrontation.

In a news conference following Monday’s ruling, Nechirvan Barzani said the court’s ruling was reached unilaterally, without input from KRG representatives, and called for a third party to oversee negotiations between Baghdad and the Kurds.

“The rights of Kurds are enshrined in the constitution, and we seek the implementation of this constitution to resolve our issues with Baghdad,” Barzani told reporters, according to Kurdish Rudaw TV. “The constitution is one package and must be applied in its entirety, not selectively.”

However, Barzani did not say whether Kurdish officials accepted the effective cancellation of the referendum. The KRG previously offered only to freeze the results.

Also on Monday, the KRG called on the international community to intervene and help lift sanctions imposed by Baghdad.

“The restrictive policies adopted by Baghdad against Erbil are in violation of Iraq’s obligations and responsibilities under international and humanitarian law,” the KRG said in a statement. “We call on the international community to intercede in urging Baghdad authorities to lift the embargo, without condition, on international flights.”