Washington Kurdish Institute
June 6, 2023
It is widely acknowledged that since 2003, following the ousting of Iraqi dictator Saddam Hussein, the Iranian regime, led by the Mullahs, has exerted significant control over Iraq. Exploiting flawed US policies and a lack of decisive action from Iraqi leaders, Iran has supported prominent Shiite parties, effectively establishing a semi-mandate over the country. Furthermore, Iran capitalized on the emergence of ISIS (Da’esh) in 2014 to expand its influence over Sunni areas, claiming it was combatting the terrorist group. Throughout two decades, Iran has consistently influenced the formation of Iraqi cabinets. The most recent government was predominantly composed of pro-Iranian parties and their militia proxies despite the participation of Kurds and Sunnis, who were compelled to join for self-preservation.
Over the past two decades, Iran has heavily relied on Iraq’s economy, leveraging its political influence to reap substantial benefits amid international sanctions. The regime has engaged in illicit activities such as oil smuggling and drug trafficking, generating significant revenue through collaboration between the Islamic Revolutionary Guard Corps (IRGC) and its Iraqi proxies. Additionally, various construction companies affiliated with the Iranian regime and the IRGC operate in Iraq, securing lucrative contracts. Iran also profits from electricity and natural gas trade between the two nations. It is worth noting the detrimental impact of US dollars being smuggled to Iran, which disrupts Iraq’s economy. Iran’s de facto control over Iraq’s critical institutions and economy has allowed the regime to gain economically despite international sanctions imposed due to human rights abuses and regional actions that have sown chaos, destabilizing the entire Middle East.
Border Security Agreement between Iran and Iraq
The current regime in Iran has perpetuated the anti-Kurdish policies of its predecessor, targeting Kurds not only within Iran but also across the border into Iraq. A notable incident occurred in 2017 when the Iranian regime orchestrated a brutal attack on the Kurdistan region and the so-called “disputed territories” in response to the Independence Referendum held by the Kurds. The Iranian Revolutionary Guard Corps (IRGC) took full command of Iraq’s security forces and military, leading to severe atrocities committed against the Kurds. This marked the beginning of a series of ongoing attacks by the Iranian regime and its Iraqi proxies on the Kurdistan Region, often under the false pretexts of “hosting Israeli bases” or providing refuge to Iranian Kurdish opposition parties. These attacks have resulted in significant destruction and civilian casualties, particularly targeting infrastructure such as oil and gas fields, refineries, and the headquarters of Iranian Kurdish parties that have been in exile since 1979.
To further exert pressure on the Kurds, the Iranian regime has utilized the Iraqi government to establish a security agreement pertaining to the border region between the two countries. This agreement seeks the cooperation of the Iraqi government in preventing the Iranian Kurdish parties from exerting influence in the Kurdish region, especially in light of the recent civilian revolution that began with the death of a Kurdish woman, sparking mass protests in Iran against the regime. It is important to note, however, that the Iranian regime has used the September 2022 protests as a pretext to crackdown on dissidents. The IRGC’s attacks on the Kurdish opposition in the region predate these protests and have been ongoing.
Last week the Iraqi National Security Advisor, Qassem al Araji, visited Tehran, meeting his counterpart Ali Akbar Ahmadian discussing the recent security. “The security of Iran is the security of Iraq,” said al Araji who’s part of the Iranian-backed politician. At the same time, the Iranian regime deployed thousands of troops in the Kurdish region alongside Iraqi Kurdistan’s borders. The security agreement coinciding with Iranian enforcement is a serious escalation for a possible military operation and further attacks on the Kurdistan region and Iranian opposition parties.
The Invalid Iraqi Supreme Court is Used by Iran
Since the constitution came into effect in Iraq in 2005, no legislation has been enacted to establish the Federal Supreme Court. The court has been invalid and unconstitutional since. But it has been used on several occasions against the Kurdistan Region. For example, the Federal Supreme Court of Iraq issued a ruling in February 2022, declaring the oil and gas law of the Kurdistan Regional Government (KRG) unconstitutional. As a result, Kurdistan was required to transfer all oil field production from the Kurdistan Region and other territories to the federal government. The decision came after the Iraqi government already filed a lawsuit against the KRG, which an international court ruled in favor of Baghdad. The Iraqi constitution gives the right to the KRG, and the oil and gas issue was mainly due to Baghdd failure to adopt new laws, obligating the KRG to independently export oil when the latter cut Kurdistan’s federal budget in 2014.
Moreover, after years of an unsolved Kurdistan budget by Baghdad, the former prime minister, Mustafa al Kadhimi, was able to reach an agreement with the KRG, releasing the salaries of the public employees in Kurdistan. But soon the new Iraq government was formed, with Iran’s blessings, the supreme court ruled that the budget sent to Kurdistan was “unconstitutional.”
On May 30, the same court ruled against the extension of Kurdistan Region’s parliament extension. The Kurdish parties did not react to the ruling, but it showed another ruling against the KRG and its institutions.
While Baghdad has stripped Kurdistan’s constitutional rights since 2005, Iran and their proxies remain the sole actors behind such anti-Kurdish verdicts giving its profound influence over institutions in Iraq. The two security and policy issues targeting Iraqi and Iranian Kurds at the same time is part of a larger plan to dismantle the Kurdish existence and its ambition as a nation, struggling for self-determination.
The Iranian regime is currently confronting existential threats, not from external powers as they claim, but from its own people who have grown weary of enduring decades of repression and poverty. In an attempt to divert attention from these profound issues, the regime is resorting to raising nationalism through launching wars on the Kurds in Iraq. By utilizing its proxies and influence, Iran aims to further destabilize the region: similar tactics used in Syria, Lebanon, and Yeman.
To effectively counter Iran’s dangerous policies, it is crucial to prioritize Kurdish unity as the sole solution. However, the international community, particularly the United States, should directly address the Iranian threats with Iraqi parties. This approach will help prevent further national security losses in Iraq, as the Kurds are the genuine and only allies of the US in the region. For instance, the US has the ability to impose targeted sanctions on Iraqi militants and state officials who facilitate Iranian attacks on Kurdistan. By leveraging its relationship with the Iraqi government, the US should emphasize that unfair rulings imposed by Iran using the supreme court against the Kurds will have ramifications, including economic consequences.
Moreover, the European Union (EU), United Nations (UN), and other relevant stakeholders must intervene to halt Tehran’s security and political actions against the Kurdistan Region and Iranian Kurdish parties. It is crucial to recognize that many of Iran’s actions, such as its oil and gas rulings, are having international repercussions, especially in the context of the Russian invasion into Ukraine. Furthermore, the international community should prioritize human rights concerns and ensure they are at the forefront of addressing these issues, especially in regards to Iranian Kurdish opposition, who are refugees in Iraqi Kurdistan.