policy
The Federal Supreme Court has ruled a section of the First Amendment Law to the Martyrs Foundation Law No. (2) of 2016 unconstitutional, citing its conflict with provisions of the 2005 Constitution of the Republic of Iraq. The court session for case No. (156/Federal/2026) was held on July 27, 2026, presided over by Judge Mundhir Ibrahim Hussein, with all member judges present. The lawsuit was initiated by the head of the Martyrs Foundation, in his official capacity, against the head of the Council of Representatives. The plaintiff sought to declare the second part of clause (Secondly) of Article (3) of Law No. (3) of 2024 unconstitutional. This section, part of the First Amendment Law to the Martyrs Foundation Law, stipulates: "This clause excludes the relatives of martyrs and the wounded affected by military operations, military errors, and terrorist operations covered by Amended Law No. (20) of 2009." After review and deliberation, the court issued its verdict, confirming the text's unconstitutionality due to its violation of Articles (47 and 80) of the Constitution. The ruling takes effect from the legislation's enactment date and its publication in the Iraqi Gazette, Issue (4796), on October 7, 2024. The judgment, issued unanimously, is final, binding, and was publicly announced.
