Iraq Federal Court says constitution does not allow separation

ERBIL, Kurdistan Region – Iraq’s Federal Court ruled on Monday that no article in the constitution allows partition or the separation of any part of the country, with the Iraqi prime minister calling on Erbil to make its position on the ruling clear.

“The constitution does not allow any community [region] to separate,” the Federal Court said in a statement.

The ruling was in response to a request from the government to the court to decide on the legality of Kurdistan Region’s September 25 independence referendum.

Shortly after the court's decision, Iraqi Prime Minister Haider al-Abadi called on the Kurdistan Region to make its position clear by providing a response or simply heed the ruling.

"We call on the region to clearly state its commitment to non-separation or independence from Iraq," Abadi said in a statement.

Erbil has not yet responded to the court’s decision or Abadi’s call.

According to Elias Samook, a spokesperson for the Federal Court, the court’s decision “comes from analyzing Article 1 of the constitution. It sums up that Article 1 and other related constitutional articles stress the territorial integrity of Iraq.”

Samook added: “Article 109 of the constitution commits all the federal authorities to protect the integrity of the state.”

On November 2, the Federal Court said it could not call the Kurdish referendum unconstitutional without hearing Kurdistan Region’s side of the case.