Washington Kurdish Institute
By: Sierwan Najmaldin Karim | September 16, 2023
“I must assert my belief that there are no unified Iraqi people within Iraq. Instead, we find diverse groups lacking in patriotic sentiments, often influenced by superstitious and unfounded religious traditions. Common ground appears elusive,” remarked Iraq’s first King, Faisal Bin al Hussein.
Since its establishment by the Great Powers in 1921, Iraq has endured a tumultuous history, and it failed as a state. The communists failed to provide effective leadership following liberation from the United Kingdom-backed monarchy. Iraq suffered through decades under the Ba’ath party, resulting in genocide, domestic strife, and regional conflicts. Iraq remains plagued by instability, echoing the sentiments of its founding, when the first King conveyed to the British High Commissioner Percy Cox that allegiances primarily aligned with ethnicities and sects.
The 2003 liberation presented an opportunity to reshape Iraq into a democratic nation. Kurds, in particular, were enthusiastic about fostering a democratic federal Iraq, with considerable authority granted according to the constitution. Unfortunately, this constitution has largely been disregarded, leading to a lack of respect for its provisions. Iraqi political parties have struggled to govern effectively, resulting in widespread chaos.
Recurring failures on the part of the Iraqi government led to the emergence of the ISIS Caliphate in June 2014, with a third of the country falling under its control. After capturing Mosul and Tikrit with substantial support from locals in Sunni provinces, a consequence of Baghdad’s sectarian policies since 2003, ISIS forces turned their sights on Kirkuk. Prior to their arrival, the Iraqi Army’s 12th division changed uniforms and retreated, abandoning military bases stocked with American weaponry, similar to the situation in Mosul. A single Brigade of Kurdistan’s Peshmerga Forces, supported by local security forces and civilian volunteers, successfully repelled the ISIS threat.
When ISIS attacked, Kirkuk was home to 700,000 Internally Displaced People (IDPs), yet there was no support from Baghdad or the international community to help with the associated costs. This placed a tremendous burden on the education system, healthcare, and security forces. Meanwhile, Iraqi Prime Minister Noori al Maliki chose to reduce the federal budget allocation to the Kurdistan Region, even as Kurds were fighting ISIS terrorists on a 600-mile frontline. Instead of passing legislation in parliament, as Kurds had requested since 2005, the Iraqi government resorted to international tribunals to block Kurdish oil production. Maliki’s successor, Haider al-Abadi, provided little respite for Kurdistan.
After 15 years since the establishment of the “New Iraq,” the Kurds found themselves grappling with the same issues that plagued the former regime: Arabization, inequality, and economic embargoes. These circumstances ultimately led them to organize an independence referendum. On September 25, 2017, Kurdistan conducted a peaceful referendum for independence, with an overwhelming 92.7% of voters endorsing an Independent Kurdistan. Regrettably, the international community did not support the Kurdish quest for independence, citing concerns about timing and regional stability. Their stance emboldened Iraq’s Prime Minister, Haider al-Abadi, and regional powers, particularly Iran, which sought to discourage any similar aspirations among their Kurdish populations.
Self-determination is a right recognized by the United Nations (UN) Charter, which emphasizes the importance of “respect for the principle of equal rights and self-determination of peoples” to promote friendly relations among nations and universal peace. Nevertheless, Iraq remains a fragmented nation, marked by a century of discord among its diverse population. Faced with ongoing crises, wars, and coups, the Kurds have felt compelled to seek their path to independence.
Historically, Baghdad had made unsuccessful attempts to exert military control over areas in Kurdistan designated as “disputed territories,” including Khanaqin in 2008, Kirkuk in 2012, and Tuz Khurmatu in 2015. According to the Iraqi constitution, the fate of these disputed territories was supposed to be determined by a referendum, no later than 2007.
However, the turning point came on October 16, 2017, when Iranian Quds Force Commander Qassem Soleimani orchestrated an attack on Kurdistan. Collaborating with elements of the Patriotic Union of Kurdistan (PUK), who, for personal gains, agreed to order the withdrawal of Peshmerga forces from strategic positions. This enabled the Iraqi Army, along with militias loyal to Iran, to enter and occupy Kirkuk and all the disputed territories. They didn’t stop there, armed with U.S.-supplied weapons, including M1 Abrams tanks, they pushed further north in an attempt to occupy the entire Kurdistan Region. Their advance was met with fierce resistance from the Peshmerga forces of the Kurdistan Democratic Party (KDP), who successfully repelled the attacks on multiple fronts.
The events of October 16, 2017, remain deeply etched in the memory of the Kurdish people in Kirkuk and the rest of the disputed territories. They have endured six years of occupation, with the democratically elected Kurdish governor of Kirkuk unlawfully removed from office and replaced by an Arab. The democratically elected Kirkuk Provincial Council was abolished, and vast amounts of Kurdish-owned land have been occupied by Arab settlers. Kurdish homes are subject to raids, and residents are arbitrarily arrested. The Kurdish majority population in ethnically diverse Kirkuk demands the removal of the Iraqi Army and militias from the city, advocating for the return of Peshmerga forces to the province, akin to the joint administration that existed with Iraqi forces prior to ISIS’s emergence in 2014.
The attack on October 16, 2017, starkly illustrated Iran’s interference in the region, aimed at weakening Kurdish autonomy and consolidating its control over Iraq. This undue influence not only threatens the Kurds but also jeopardizes regional stability.
Since 2018, the Kurdistan Region has endured a barrage of missile and drone attacks by Iran, often targeting civilian areas and causing casualties, instilling widespread fear among the Kurdish population. The international community’s silence in the face of these acts of aggression is deeply troubling, as it emboldens Iran to continue its assault on the Kurds with impunity. Furthermore, the Iraqi government’s failure to protect its own citizens in the Kurdistan Region raises serious questions about its commitment to justice and human rights.
In recent years, the Kurdistan Region of Iraq has been subjected to relentless economic and military pressure from the Iraqi government, exacerbating efforts to undermine its autonomy. The increasing influence of the Iranian regime over the Iraqi government is a growing concern, with Iran’s proxy militias in Iraq playing a significant role in shaping policies that often come at the expense of the Kurds.
The Joint Baghdad and Tehran Forces Against the Kurds
The Kurdistan Region has maintained its status as the most prosperous area in Iraq since 1991 and has consistently been a friendly ally to the US and the West. It has experienced notably higher development levels compared to the rest of Iraq. However, such prosperity also makes the region a target for both nationalist and religious factions. Simultaneously, Iran grapples with significant political and economic challenges within its borders. The one-year anniversary of the Zhina Amini protests underscores the deteriorating conditions in Iran compared to a year ago. To divert attention from domestic unrest, the Iranian regime employs the issue of the “New Israel” to rally its population.
Iran actively influences the situation in Syria’s Kurdish region by supporting select Arab tribes that remain loyal to the Assad regime, encouraging them to rebel against the Kurdish-led Autonomous Administration for North and East of Syria (AANES). Concurrently, Turkey deploys its Syrian proxies north of Manbij, capitalizing on developments in Deir Ez Zor. Turkey often cites combating the Kurdistan Workers’ Party (PKK) as a pretext for its presence in the Kurdistan Regions of Iraq and Syria. Iran follows a similar path, using opposition to Kurdish parties as a cover for its territorial ambitions in Kurdish territories.
Currently, the Iranian regime is pursuing a similar strategy by signing a “border security” agreement with its Iraqi proxy government. This agreement aims to legitimize attacks on Iranian Kurdish opposition parties that have been based in the Kurdistan region since 1991. The recent Baghdad-Tehran agreement sets a September 19th deadline for the “disarmament” and relocation of Kurdish opposition parties, along with their families, to areas under Baghdad’s control, making them easier targets. Iran seeks to establish military bases within the Kurdistan Region to suppress the Kurdistan Regional Government (KRG) and undermine its authority. It is important to note that the Kurdish opposition parties have not posed any threats to Iran, and thousands of civilian refugees, including women and children, accompany these parties.
The collaboration between Baghdad and Tehran poses not only a threat to the Kurds but also to the national security interests of the United States. This is especially concerning given Iran’s de facto alignment with China and its support for Russia’s actions in Ukraine. Additionally, the strategic importance of the Kurdistan Region cannot be overstated, as it is the only globally recognized entity among the four Middle Eastern regions. The international community, particularly the United States, should thwart Baghdad-Tehran’s plans to dismantle the Kurdistan Region, a crucial step for regional stability and American interests in the Middle East.
Militarily, Iranian-backed militias benefit from access to billions of dollars from Iraq’s largest-ever federal budget, allowing them to expand and disseminate propaganda against the Kurds. Since October 16, 2017, Iranian-backed militias and Iraqi forces have gained control over oil-rich Kirkuk and other disputed territories, engaging in acts of terrorism against Kurdish civilians, including a recent attack on Kurdish protests that resulted in four fatalities. Additionally, these militias are the primary culprits behind drug trafficking and oil smuggling in Kirkuk. Furthermore, the Islamic Revolutionary Guards Corps (IRGC) and its proxies in Iraq have launched numerous attacks on the Kurdistan region, targeting civilians and oil and gas infrastructure.
Kurdistan’s Natural Resources
In an effort to secure their dues, the Kurds adhered to the International Court of Arbitration, hoping that Baghdad would fulfill its obligations once they relinquished control over natural resources—a constitutional right for the Kurds to produce and export.
Since the court ruling in March, Kurdistan’s oil exports have been halted, resulting in billions of dollars in losses for Iraq and adversely impacting the Kurdistan economy. Simultaneously, Turkey ceased the flow of Kirkuk’s oil, which had been under the control of the Iraqi government. The lawsuit led to losses for all parties involved, with Iran emerging as the beneficiary, exacerbating the damages for all sides.
Baghdad’s economic blockade against Erbil aims to incite public dissent and turn civil servants against the Kurdistan Regional Government (KRG), enabling the federal government to further undermine the KRG and assert control over the region. Regrettably, certain Kurdish politicians have unwittingly contributed to Baghdad’s strategy of “divide and conquer.”
The Iraqi “Supreme Court”
The Iraqi Federal Court, established under the Transitional Administrative Law, is fundamentally illegitimate. Originally intended as a temporary institution until a national supreme court was established, it continues to operate nearly two decades later without the establishment of a national supreme court. This defunct Federal Court is consistently used as a tool by Baghdad and Iran to issue biased rulings against the Kurdistan Region. These rulings perpetuate the marginalization and oppression of the Kurdish people and aim to drive the Region into financial insolvency.
Conclusion
The Iraqi government’s relentless efforts to dismantle the Kurdistan Region, coupled with Iranian influence, missile attacks, and biased rulings by the unconstitutional Federal Court, paint a bleak picture for the Kurds’ future. It is imperative for the international community to denounce these actions and support the Kurdish people in their pursuit of justice, autonomy, and self-determination. The world cannot afford to ignore the struggles of the Kurds, as their quest for freedom and equality aligns with universal values we hold dear. Six years after the Kurdistan Independence Referendum, it is evident that not only Kurds but also Shiites, Sunnis, and Christians continue to suffer in the same Iraq that was artificially created a century ago. It is time for the US and the international community to support the right to self-determination and independence or a confederation system, as federalism has proven ineffective.