“Iraq without a government”: A legal proposal that could break the political deadlock

“Iraq without a government”: A legal proposal that could break the political deadlock

2026-03-06 00:05

Shafaq News – Baghdad
Iraq has been experiencing a political deadlock for nearly four months since the parliamentary elections, as the sharp division within the “coordination framework” over the identity of the next prime minister, and the dispute over the definition of the “largest bloc,” have frozen constitutional processes, amid anticipation of what will result from last-minute understandings between the forces holding the reins of power.

While Iraqis were waiting for the emergence of an executive authority that would translate the results of the November 11, 2025 elections, the ongoing war between Iran on one side, and the United States and Israel on the other, which entered its sixth day, imposed new realities, amid direct American pressure led by Donald Trump on Iraqi political forces to exclude specific figures from the premiership.

Rebalancing

In the midst of this crisis, the vision of the head of the Iraqi Supreme Judicial Council, Judge Faiq Zaidan, emerged as a decisive legal step aimed at restoring credibility to the ballot boxes by correcting what he described as the “sin of misinterpretation” of Article 76 of the Constitution.

Zidan’s vision is based on the principle of “first come, first served,” by adopting the winning list in the vote as the “largest bloc,” and granting it the exclusive right to nominate the prime minister, instead of the current interpretation that allows for the merging of blocs within parliament after the elections, which ends the era of subsequent alliances that emptied the ballot boxes of their content and opened the door to a long political deadlock.

In this context, Haider Ali “Abu Tara al-Fayli,” a representative of the Fayli Kurds, says, “The negotiations to form the Iraqi government are continuing despite the internal disagreements within the coordination framework, but we see that Judge Faiq Zaidan was clear and settled the matter in his last proposal regarding the largest bloc as a constitutional clarification, and we, as representatives, follow the opinion of the Supreme Judicial Council.”

Al-Faily warns, in his interview with Shafaq News Agency, that “the failure to form a government has disrupted all state departments, and this is a serious danger in light of what is happening in the region, and it is considered a direct threat to Iraq, so it is necessary to expedite the resolution in the coming days.”

Washington veto

However, this optimism clashes with the firm stance of the State of Law Coalition, which views direct American intervention as a violation of sovereignty, especially after President Trump’s threats to halt aid if the coalition’s leader, Nouri al-Maliki, assumes the premiership.

Coalition leader Aref al-Hamami affirms: “Our candidate so far is al-Maliki, and the last meeting of the framework (the day before yesterday, Tuesday) confirmed our commitment to him,” noting that “the decision to change is not in al-Maliki’s hands, but rather in the hands of the framework that appointed him.”

Speaking to Shafaq News Agency, he believes that “changing the candidate as a result of American pressure and dictates is an insult to national legitimacy. The American government is not rational and does not respect treaties, and yielding to it will mean its future interference even in the details of ministries.”

Regarding Judge Zaidan’s vision, Al-Hamami explains that “what Judge Zaidan presented is a vision and not a binding decision, as the constitutional amendment requires impossible steps and its clash with the rejection of 3 governorates may end it,” considering that “the big obstacle now is the Kurds’ delay in nominating the president of the republic, which is the main obstacle.”

“The Independent Alternative”

On the other side of the coordination framework, the picture looks more pessimistic regarding consensus. Rahman al-Jazairi, a leader in the framework, believes that we are facing a “clear political suffocation” that coincides with the armed conflict in the region.

Al-Jazairi told Shafaq News Agency, “Judge Zaidan’s proposal will create a new character, as there are opponents of Al-Sudani’s appointment despite him having the most seats (46 seats in the Iraqi parliament, which consists of 329 seats), and there are widespread objections. On the other hand, there is no official withdrawal of Al-Maliki, nor a unanimous decision from the framework, and the current meetings are private and unofficial.”

The Algerian adds a security dimension to the scene: “The Popular Mobilization Forces fighters are now being targeted by Israeli and American aircraft missiles, and this will inevitably delay the formation of the government, and we will remain stuck in a state of (emergency government).”

He also reveals a surprising scenario: “Perhaps after Eid al-Fitr a legal option will be imposed, either by dissolving parliament or reconsidering the issue of the prime minister. There is now an (independent) figure outside the framework table, who is close regionally and has the approval of the supreme religious authority in Najaf, and he may be announced in the coming days as a compromise candidate.”

These debates come at a time when the head of the Judicial Council, Faiq Zaidan, confirmed in an article published on March 3 that the previous interpretation of 2010 allowed for changing the results expressed by the voters, which led to repeated crises, the latest of which is the one Iraq is experiencing.

For their part, the four presidencies – President Abdul Latif Jamal Rashid, Prime Minister (outgoing) Mohammed Shia Al-Sudani, Speaker of Parliament Hebat Al-Halbousi, and Chief Justice Faiq Zaidan – stressed in their meeting yesterday, Thursday, the importance of expediting the completion of constitutional requirements.

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