It should be added that the international contribution to this anti-constitutional trend in Iraq is generally shameful. The frantic attempts by the United States to get a government seated in 2010 brought about the unhelpful marriage between Iraqiyya and the extra-constitutional strategic policy council scheme, a key ingredient of the Arbil agreement. Similarly, the United Nations agency in Iraq recently issued an unhelpful and naive message of optimism in Iraq, narrowly focusing on security indicators while conveniently brushing obvious political problems under the carpet. Of course, the leverage of both the US and the UN is declining in Iraq as regional players are strongarming their way to fill the vacuum, but the very least they should do after having played such a dominant role since 2003 is to try to emphasize constitutional consistency as a guiding principle for handling political conflict in the country.
Finally, with respect to the green light for the Hashemi trial to go ahead today (it will continue on 20 May), a few comments are in order. Hashemi lawyers had argued that article 93-6 of the constitution gives jurisdiction to the supreme court, rather than to the criminal court, in all cases involving the presidential deputies. On this isolated issue it is possible to agree with the prosecution since said article in fact only mentions the president of the republic (rais) rather than the presidency (riyasa). Another potentially mitigating factor is that Hashemi can appeal the case until it reaches the cassation court, which was recently appointed with at least some new members who were disliked by the Maliki bloc in parliament.
Perhaps the best thing Hashemi’s allies can do going forward is to make sure their own discourse is as loyal to the Iraqi constitution as possible. This, in turn, should make it easier to win international solidarity whenever constitutional infractions become part of the political struggle in Iraq.
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