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description= 1 post published by Reidar Visser during February 2013;
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2013 february iraq and gulf analysis iraq and gulf analysis home about archives august 2015 january 2015 december 2014 october 2014 september 2014 august 2014 july 2014 june 2014 may 2014 april 2014 march 2014 february 2014 january 2014 december 2013 november 2013 october 2013 september 2013 august 2013 july 2013 june 2013 may 2013 april 2013 march 2013 february 2013 january 2013 december 2012 november 2012 october 2012 september 2012 august 2012 july 2012 june 2012 may 2012 april 2012 march 2012 february 2012 january 2012 december 2011 november 2011 october 2011 september 2011 august 2011 july 2011 june 2011 may 2011 april 2011 march 2011 february 2011 january 2011 december 2010 november 2010 october 2010 september 2010 august 2010 july 2010 june 2010 may 2010 april 2010 march 2010 february 2010 january 2010 december 2009 november 2009 october 2009 september 2009 august 2009 july 2009 june 2009 may 2009 april 2009 march 2009 february 2009 january 2009 december 2008 november 2008 october 2008 september 2008 august 2008 july 2008 june 2008 may 2008 april 2008 march 2008 february 2008 january 2008 december 2007 november 2007 october 2007 september 2007 august 2007 july 2007 june 2007 may 2007 april 2007 march 2007 february 2007 january 2007 december 2006 november 2006 october 2006 september 2006 august 2006 july 2006 june 2006 may 2006 april 2006 march 2006 february 2006 january 2006 december 2005 november 2005 october 2005 august 2005 categories basra and southern regionalism 34 de baathification 11 federalism in sunni majority areas of iraq 14 federalism in the middle east 6 iranian influence in iraq 55 iraq regionalism general 27 iraq and soft partition 39 iraq international relations 5 iraq local elections 2013 21 iraq parliament membership 13 iraq parliamentary elections 2014 26 iraq s 2010 parliamentary election 175 iraqi constitutional issues 280 iraqi nationalism 95 kirkuk and disputed territories 47 oil in iraq 46 rule of law 2 sectarian master narrative 55 shiite sectarian federalism 16 uia dynamics 133 uncategorized 59 us policy in iraq leverage issues 67 meta create account log in entries feed comments feed wordpress com my latest book on amazon com from just world books available on amazon com twitter updates tweets by reidarvisser february 2013 m t w t f s s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 jan mar subscribe entries rss comments rss recent posts legality and constitutionality questions in iraq s reform push the federalism dimension in yemen s draft constitution federalism and decentralization in libya s constitutional proposals groundbreaking iraq supreme court ruling on the law on mp replacement after the rise of isis will iraq s shiites secede additional ministers approved for the iraq cabinet the controversial kurdish ministers in the new iraqi cabinet the iraqi parliament fails to approve new security ministers the iraqi parliament approves the abbadi cabinet haydar al abbadi is the new iraq pm candidate maliki the presidency and parliament in the iraq pm nomination battle pm nomination trouble in iraq iraq elects fuad masum as new president for the first time in iraq a large field of presidential candidates the iraqi parliament elects its new speakership archive for february 2013 the political dynamics behind the downfall of midhat al mahmud iraq s supreme court chief posted by reidar visser on friday 15 february 2013 9 17 news out of iraq indicates that the country s de baathification committee has decided to remove the supreme court chief midhat al mahmud because of his ties to the previous baath regime in some ways the ruling is not really controversial it is widely agreed that mahmud s leading positions under the former regime are in conflict with the requirements of the de baathification law from 2008 which are particularly strict when it comes to leadership of judicial institutions everyone knew that mahmud had those ties to the former regime his tenure at the supreme court was simply seen as one of many exceptions to the rule in the new iraq whereby some baathists were granted permission to stay on if they proved useful to people in positions of power and in particular to prime minister nuri al maliki additionally mahmud s continued tenure as an octogenarian seems to be a conflict with a law still in force stipulating age limits for retirement of iraqi judges at 68 thus rather than reflecting new legal realities or path breaking judicial interpretations the new situation regarding mahmud has to do with a changing political dynamic in iraq ever since the shiite islamist sadrists and isci with iranian support pushed the de baathification issue to the forefront in iraqi politics ahead of the march 2010 parliamentary elections there has been a shift of power towards sadrist dominance of appointments to the de baathification committee and other legal institutions involved in the de baathification process this was seen not only in the appointment of a new de baathification committee in may 2012 also the composition of the appeals court for de baathification cases to which judge midhat may now appeal was influenced by sadrist pressure in parliament finally the recent passage by the iraqi parliament of the law for the higher judicial council which to some extent prepared the ground for the elimination of judge midhat was seen as a bid by the sadrists along with the kurds and the secular and sunni dominated iraqiyya to put pressure on maliki it is hard to overestimate the significance of this move against prime minister maliki since 2008 the iraqi federal supreme court has increasingly been seen as an ally of maliki often issuing rulings that strengthened the executive in ways that seemed in conflict with the constitution or even the court s own past decisions tareq harb a lawyer close to maliki often prevailed with his arguments before the supreme court maliki emboldened by judicial support appeared to pay ever less attention to the fact that his parliamentary support base is in fact very limited during the no confidence crisis of spring 2012 he failed to build bridges to disaffected factions of iraqiyya and had to rely on support from iran and the sadrists to avoid getting unseated to some extent then this latest move is parliament paying back for maliki s arrogant approach to them for these reasons some will no doubt construe the de baathification of mahmud as a welcome check on maliki s authoritarian tendencies still those who celebrate this move should take into account the fact that the campaign against midhat has been spearheaded by shiite islamist hardliners in the sadrist camp we can now ask the question of who the sadrists will attack next using de baathification as a tool for example many of maliki s generals are also due for retirement if the de baathification law were to be followed to the letter some of these generals are part of the backbone of the system of relative security that has emerged in iraq since 2008 the secular and increasingly sunni dominated iraqiyya s support for the move is particularly ironic since mahmud in many ways was one of them in the past their embrace of the decision finally the de baathification committee is taking on a shiite according to parliament speaker nujayfi in some ways goes to underline their own increasingly sunni sectarian position it could be argued that what we are seeing in practice here is that iraqiyya effectively supports kurdish separatist policies and sadrist islamist policies at the same time in order to weaken maliki it s actually not the first instance of this either recently iraqiyya asked the all shiite national alliance and the clergy of najaf to come up with a candidate to replace maliki thus similarly reiterating the idea of sectarian alliances and even a role for the clergy in politics it is true that maliki has failed to make political gain from the only remaining issues where he can expect to win some sunni and secular support anti federalism and disputed boundary conflicts with the kurds but iraqiyya s actions show that we should not one sidedly accuse maliki of being the single factor behind the recent increase in sectarianism in iraq in some ways judge midhat s continued tenure at the supreme court symbolized the contradictions of the state of law iraq where the law makes surprising twists and turn and is certainly not applied equally across the board but the political direction of all of this with the sadrists in an attack position and general sectarian polarization in the region thanks to the syria conflict suggests that in the long run the situation in iraq may be exacerbated rather than alleviated by these latest developments posted in de baathification 17 comments create a free website or blog at wordpress com subscribe subscribed iraq and gulf analysis join 203 other subscribers sign me up already have a wordpress com account log in now privacy iraq and gulf analysis 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