Instead, the prime minister’s critics accuse him of violating the constitution, steadily amassing power at the expense of other government branches – parliament, the judiciary as well as independent commissions and agencies – and bringing security forces under his direct personal control. They also criticise him for reneging on crucial aspects of the understanding, notably by failing to fairly apportion sensitive security positions.
When, in December 2011, the judiciary issued an arrest warrant against Vice President Tareq al-Hashimi – a vocal Maliki critic – whatever good-will remained collapsed. Several of the prime minister’s partners boycotted the government, arguing that he increasingly was veering toward indefinite, autocratic rule. While they returned to the council of ministers after a few weeks, Maliki’s opponents – which include a broad array of Sunnis, Kurds, but also Shiites – have since vowed to unseat him through a parliamentary no-confidence vote.
The prime minister’s detractors have a case. A master at navigating the grey areas of law and constitution, he has steadily concentrated authority since 2006. But they also have a fair share of responsibility, having signally failed to marshal their parliamentary strength to pass legislation that would keep Maliki’s growing power in check.
Arguably, had they devoted their energies to the hard work of confronting him through institutions, they would not have found themselves compelled to seek a no-confidence vote as a last resort to block his apparent path toward autocratic rule. If, as is undeniable, Maliki has added to his powers during his six-year tenure, there can be no question that a large part of his success derives from his rivals’ incapacity to thwart him via institutional means.
It is unclear how this imbroglio will end, although at this rate and without a tangible change in all sides’ behaviour, it almost certainly will end badly. Regardless of whether he survives in office, Maliki has lost the trust of vast segments of the political class, including among former Shiite allies.At the same time, opposition members are deeply divided, both on fundamental substantive issues and on whether to push Maliki to implement the Erbil agreement or remove him once and for all.
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