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Activists warn of free-speech risks as Iraq’s top court targets calls to 'overthrow the system'
The term "undermine state's legitimacy" could be interpreted broadly to enable authorities to prosecute activists, critics, and journalists.
11.12.2025
By Dana Taib Menmy
Source: https://www.newarab.com/news/calls-regime-change-could-now-trigger-prosecutions-iraq
Iraq's highest judicial authority has ordered legal action against individuals accused of inciting or promoting the overthrow of the political system. Activists warn that this broad and vague directive could suppress freedom of expression and restrict constitutional liberties.
Judge Faiq Zidan, President of the Supreme Judicial Council, issued the order to the Presidency of Public Prosecution, instructing prosecutors to act against individuals who use traditional or online media to incite or undermine the state's legitimacy.
Legal experts and political observers told The New Arab that, although the decision seems to have a legal basis, its broad and ambiguous language could enable authorities to prosecute activists, critics, and journalists.
"Political criticism of the government, political parties, and state institutions differs from incitement to overthrow the political system, which is considered an offence. According to Iraq's constitution, the country is a democratic, federal state, and any calls for changing the political system through non-democratic means are unlawful," Othman Sheikh Sdiq, an Iraqi Kurdish lawyer, told TNA.
Sheikh Sediq added that the directive may target groups such as loyalists of the ousted Ba'ath regime, who seek to overthrow the political system by encouraging opposition to state institutions. He cautioned that the term "undermine the legitimacy of the state" could be interpreted broadly, and recommended that the Supreme Judicial Council and the general attorney clarify the scope of the directive.
The order, dated 26 November and labelled confidential, was leaked on social media platforms on Tuesday. It is based on a letter from the National Security Advisory dated 14 October 2025, and has been referred to the Judicial Discipline Commission. Judge Faiq Zidan instructed the Public Prosecution to exercise its authority under Public Prosecution Law No. 49 of 2017, including the initiation of criminal cases against those who call for the overthrow of the political system or challenge its constitutional legitimacy.
The decision also includes a judicial order from 9 November 2025, appointing Judge Amer Hassan Shanta to investigate violations identified by the Anti-Rumours Committee, which monitors unlawful digital content.
Yassin Taha, a Kurdish political observer, told TNA, "The term 'legitimacy of the state' is highly flexible and extends beyond electoral legitimacy. It can be invoked to justify legal action against any activity authorities find objectionable."
He noted that the rise in legal cases constitutes harassment of activists, writers, and critics. He observed that Iraqi authorities have recently initiated proceedings against these individuals. Taha explained that, even without convictions, the threat of charges creates fear and self-censorship, discouraging free expression.
This development coincides with a post by US Representative Joe Wilson on X, where he described Judge Zidan as "corrupt," and urged the Trump administration to counter Tehran's influence in Iraq.
"Faiq Zaidan, head of Iraq's Higher Judicial Council, issued orders to prosecute anyone who 'undermines the legitimacy' of the so-called Iraqi political system—basically anyone who criticises Iran's puppets! It is sad to see Iraq go back to the Ba'ath era police state mentality, going after the majority of its citizens simply for opposing domination by Iran and its puppets!" Wilson said in another post on late Wednesday night. "We haven't forgotten about the arrest warrant for President Trump for killing Iranian terrorist Soleimani. Free Iraq from Iran!"
Iraq's 2005 constitution guarantees freedom of expression and peaceful assembly, provided these rights do not violate public order or morality.
Iraqi rights advocates and political figures have strongly criticised the directive. Adel Al-Khuza'i, head of the Iraqi Observatory for Rights and Freedoms, warned that the measures violate constitutional guarantees and contradict Public Prosecution Law No. 49 of 2017.
He argued that the constitution does not recognise such a crime and does not permit authorities to create new offences. He further stated that expanding criminalisation to include political expression or public criticism is unconstitutional, legally "invalid," and risks turning the judiciary into a political security instrument.
Political commentator Laith Shabir, in a post on his Facebook page, called on Zidan to provide a detailed explanation and initiate a legal debate, noting that the document addresses sensitive issues such as constitutional legitimacy, freedom of expression, and the distinction between political criticism and criminal liability. Shabir emphasised that the directive should be viewed as a starting point for responsible legal discourse, not as a final decision.
The term "undermine state's legitimacy" could be interpreted broadly to enable authorities to prosecute activists, critics, and journalists.
11.12.2025
By Dana Taib Menmy
Source: https://www.newarab.com/news/calls-
Iraq's highest judicial authority has ordered legal action against individuals accused of inciting or promoting the overthrow of the political system. Activists warn that this broad and vague directive could suppress freedom of expression and restrict constitutional liberties.
Judge Faiq Zidan, President of the Supreme Judicial Council, issued the order to the Presidency of Public Prosecution, instructing prosecutors to act against individuals who use traditional or online media to incite or undermine the state's legitimacy.
Legal experts and political observers told The New Arab that, although the decision seems to have a legal basis, its broad and ambiguous language could enable authorities to prosecute activists, critics, and journalists.
"Political criticism of the government, political parties, and state institutions differs from incitement to overthrow the political system, which is considered an offence. According to Iraq's constitution, the country is a democratic, federal state, and any calls for changing the political system through non-
Sheikh Sediq added that the directive may target groups such as loyalists of the ousted Ba'ath regime, who seek to overthrow the political system by encouraging opposition to state institutions. He cautioned that the term "undermine the legitimacy of the state" could be interpreted broadly, and recommended that the Supreme Judicial Council and the general attorney clarify the scope of the directive.
The order, dated 26 November and labelled confidential, was leaked on social media platforms on Tuesday. It is based on a letter from the National Security Advisory dated 14 October 2025, and has been referred to the Judicial Discipline Commission. Judge Faiq Zidan instructed the Public Prosecution to exercise its authority under Public Prosecution Law No. 49 of 2017, including the initiation of criminal cases against those who call for the overthrow of the political system or challenge its constitutional legitimacy.
The decision also includes a judicial order from 9 November 2025, appointing Judge Amer Hassan Shanta to investigate violations identified by the Anti-
Yassin Taha, a Kurdish political observer, told TNA, "The term 'legitimacy of the state' is highly flexible and extends beyond electoral legitimacy. It can be invoked to justify legal action against any activity authorities find objectionable."
He noted that the rise in legal cases constitutes harassment of activists, writers, and critics. He observed that Iraqi authorities have recently initiated proceedings against these individuals. Taha explained that, even without convictions, the threat of charges creates fear and self-
This development coincides with a post by US Representative Joe Wilson on X, where he described Judge Zidan as "corrupt," and urged the Trump administration to counter Tehran's influence in Iraq.
"Faiq Zaidan, head of Iraq's Higher Judicial Council, issued orders to prosecute anyone who 'undermines the legitimacy' of the so-
Iraq's 2005 constitution guarantees freedom of expression and peaceful assembly, provided these rights do not violate public order or morality.
Iraqi rights advocates and political figures have strongly criticised the directive. Adel Al-
He argued that the constitution does not recognise such a crime and does not permit authorities to create new offences. He further stated that expanding criminalisation to include political expression or public criticism is unconstitutional, legally "invalid," and risks turning the judiciary into a political security instrument.
Political commentator Laith Shabir, in a post on his Facebook page, called on Zidan to provide a detailed explanation and initiate a legal debate, noting that the document addresses sensitive issues such as constitutional legitimacy, freedom of expression, and the distinction between political criticism and criminal liability. Shabir emphasised that the directive should be viewed as a starting point for responsible legal discourse, not as a final decision.