Saturday, August 30, 2008

Khanaqin

The Khanaqin issue Iraqologist referred to in his AM guest post has escalated. Khanaqin is a majority-Kurdish district in northern Diyala occupied by peshmerga in the immediate aftermath of the invasion, and is consequently one of the “disputed” territories whose status is to be resolved along with Kirkuk’s according to Article 140. In the course of the recent military offensive in Diyala, the Iraqi Army tried to order the peshmerga to withdraw from Khanaqin and, at least according to Azzaman, vacate government buildings. The current situation appears to be a standoff, with the IA outside the city and the peshmerga refusing to withdraw.

Barzani’s office issued a statement saying it’s odd, since Khanaqin is a pretty safe place, that the IA would enter ostensibly to combat terrorism. Another prominent Kurdish official went on to claim that the “government mobilization” on Khanaqin was intended to preempt its resolution by 140. Then Maliki said that it was the “right of the army to enter any province or region in Iraq without exception” [emphasis added to highlight inflammatoriness]. Barzani responded by saying that the KRG was ready to “play cards it has never played before,” including withdrawing support from Maliki’s government.

From a constitutional standpoint (PDF here), Maliki unquestionably has the better argument. Article 110.2 is explicit in granting the central government the power to “formulate and execute national security policy,” while the best the Kurds have is Article 121.5, which grants regions only the right to the “establishment and organization of internal security forces.” There may be some legislation or CPA order to the contrary, but my reading of the legal situation is that the IA can surely enter Diyala at will and probably the KRG as well. This has just never been tested before, to my knowledge, since the Kurds have been a strong participant in every post-2003 central government. Keep in mind too that Kirkuk is in an almost identical situation: it’s not part of the KRG, but peshmerga (mostly PUK) keep the “peace” there. The only difference between Kirkuk and the other disputed territories is that annexing Kirkuk, via 140 or other means, would not require redrawing provincial boundaries.

The back story here is well-known. The Kurdish parties have been, from the beginning of the war, the most organized and strongest of all the Iraqi factions, most of the rest of the which were weak and divided. They’ve leveraged their relative strength to secure their long-term future vis a vis the rest of Iraq. In a highly non-inclusive process, they won a constitution that is extraordinarily decentralized by any standard and guarantees them de facto autonomy. The insertion of 140 itself would never have happened had the drafting process been at all representative of the rest of Iraq. In his memoir, Paul Bremer uses Barzani’s threat of secession to justify the dissolution of the Iraqi army. (Iraqologist doesn’t have the book on hand to check this reference, but hey, this is blogging!) While this disastrous decision is hardly solely Bremer or the Kurds’ fault, his account is indicative of the Kurds general MO the past five years.

While Kurdish separatism is currently having a disastrous effect on Iraqi stability, their motivations are understandable: they were in open conflict with and faced oppression from Baghdad for two decades preceding the invasion (and on and off before that). Looked at in the context of Iraqi history, they’re getting what they can, while they can. Their dominance in the current central government (at the moment threatening to come unglued) and their legal autonomy are a major victory for them, and totally without precedent in the history of Iraq. Getting hold of Kirkuk, Sinjar, Khanaqin, etc. is the next step in this broader effort. The difference now is that the Arabs are starting to get their act together.

The PUK/KDP had as a tactical ally in this effort ISCI, with whom their relationship goes back to at least 1992, not borne out of the exigencies of post-2003 politics as many assume. ISCI was a full partner in the drafting of the constitution, even though its own region-formation ambitions appear to have faded for now (pace Visser, and I’ll have another post on that soon). ISCI has supported Kurdish claims on Kirkuk, but since they no longer appear much interested in creating a balanced, symmetrical federalist system in Iraq, it has less strategic interest in taking this position. In other words, since ISCI appears committed to dominating Iraq from Baghdad, it’s not in their interest to be effectively ceding territory. They certainly don’t seem to be standing in the way of Maliki/IA’s recent agitation against the Kurds.

Perhaps more importantly, though Maliki has glommed himself onto ISCI in most respects, he is still his own man and does come from a much different ideological background. Iraqologist tends to explain current Iraqi politics in terms of money and power rather than ideology, but it may be worth pointing out here that Maliki has never been much of a fan of federalism (cf Visser). Even if that’s not convincing, his current much-discussed overconfidence and strongman ambitions should be enough evidence that he’s not about to give in to the Kurds, despite their being a pillar of his government. Arab Iraqis are getting pretty fed up with PUK/KDP territorial ambitions—especially after their obstructionism on the PEL—and he can get a lot of mileage out of this.

Anyway, the big point here is that the main ISCI/Kurd/Maliki bedrock alliance of the past two years is showing some strain. Iraqologist could go on and on speculating about the implications of this, how much is the result of chance (and the recent Maliki psychodrama) vs. how much it’s a consequence of the “center” emerging in Baghdad and how that affects calculations on all sides. He’ll save that for later posts—his inaugural post has become a marathon and does not bear the jaunty, refreshing blogging style to which he aspires. Better to leave these thoughts half-formed and get busy enjoying his holiday weekend.

All right, bring on the “Green Zone American” attacks!

21 comments:

AndrewSshi said...

Does the Iraqi constitution have a means by which a government can be dissolved and new parliamentary elections held?

buck smith said...

The Iraqi constitution is poorly drafted. A constitution should require elections on a regular schedule. And it should have term limits for the executive. In building democratic principles it is critical that executive power be transferred between competing parties or coalitions regularly.

Anonymous said...

I was hopeful from your first post in the first person that maybe you would be a different blogger but I guess you have to follow the dreaded 3d person format of AM.

Stephen Pampinella said...

Nice first post, brings to mind questions about the shifting balance of power.

"Iraqologist tends to explain current Iraqi politics in terms of money and power rather than ideology, but it may be worth pointing out here that Maliki has never been much of a fan of federalism (cf Visser). Even if that’s not convincing, his current much-discussed overconfidence and strongman ambitions should be enough evidence that he’s not about to give in to the Kurds, despite their being a pillar of his government. Arab Iraqis are getting pretty fed up with PUK/KDP territorial ambitions—especially after their obstructionism on the PEL—and he can get a lot of mileage out of this."

If Maliki is giving up on federalism, wouldn't that also imply that ISCI were giving up on creating some kind of 'superprovince' in the South? It would be interesting to know what the Hakims think about this. It would also hopefully placate the Sadrists and Sunnis who were always worried about the recentralization of power in the South.

fnord said...

OOh, this is getting to be like the superhero battles of my childhood: Who is strongest? The loyalist peshmerga or the sectarian peshmerga? Where will the US forces ( League of Super Heroes ) land?

According to their-your own doctrine, they-you are honourbound to follow Maliki. Looks like he is going to use the Strongest Tribe(tm) for all that they-you are worth in the endgame. US vs. Kurdish troops? How will that play out?

Anonymous said...

good first post

Anonymous said...

Great first post. This Parker fellow might well be able fill Dr iRack's sizable shoes.

motown67 said...

I just wrote about the Khanaqin situation twice myself. (Click on name for link if interested). You missed some big news about the confrontation. Maliki apparently got a little pissed after demonstration organized by the Kurdish parties made the army pull out of a town. In response, the Prime Minister said yesterday that any Peshmerga that operate outside of Kurdistan would be considered illegal. Definitely something to keep an eye out on as the Kurds have been getting quite a few people mad at them after the budget and the provincial election law.

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Swopa said...

This Parker fellow might well be able fill Dr iRack's sizable shoes.

Are you calling Dr. iRack a clown?!?

Anonymous said...

You’re right about the GoI having the freedom, constitutionally, to deploy forces into Diyala. Article 110 of the Constitution assigns the federal government exclusive authorities over a number of matters - to include national security policy

However, as I’m sure you’ll recall better than me, the KRG passed a regional law(s) a couple of years ago, stipulating limits on the federal government’s ability to deploy ISF into KRG territory. It also included limits on the federal call on peshmerga units associated with the IA. They see other articles as giving them their foot in the door:

- Article 115, the residual powers clause, grants all non-specified authorities and those not exclusively assigned to the federal government…to the regions (and non-region governorates).

- Article 121 allows the regions’ laws to take precedence over and adjust implementation of federal statutes where the federal government does not have exclusive powers

These limits have yet to be tested. Diyala probably won’t test them legally because as you point out, it just isn’t part of the KRG. But the test will surely come as GoI continues to flex its muscles and the Kurds’ patience on Article 140 implementation wanes.

andrew.scheidl@yahoo.com

Anonymous said...

I just noticed some of the earlier comments. The Constitution does have weaknesses. Many fundamental conflicts were left for future work (hence the CRC mess).
- For andrewsshi: Yes, the constitution has mechanisms to dissolve the government
- For Buck Smith: there are very clear term limits for the executive. The entire slate is limited to four years, starting with the CoR. Each new CoR has a set number of days to elect the new President, who appoints PM, who nominates his cabinet for CoR approval. It's almost dysfunctionally too democratic.
andrew.scheidl@yahoo.com

Kjetting said...

AS far as I can remember (and I do not have time to look it up now), there are provisions in the Law for Formation of the Regions that prevent existing governorates to be split in order for one part to join a Region. This would mean that for Khanaqin to become a part of the KRG, the Kurds would have to win a vote in the whole of Diyala.

This seems like an instance where a interprative law colliedes with the Kurdish understanding of the Constitution and another issue that so far has not been tested.

Reidar said...

One interesting element of Maliki’s strategy in Diyala and Khaniqin is the concept of clearing government property that is being “unlawfully occupied” by political parties. The same thing happened in Basra back in March, and it seemed to be one of the few aspects of the operation in which also Shiite parties beyond the Sadrists and Fadila were targeted.

motown67 said...

kjetting,

from my understanding Khanaqin is included in Article 140 as a disputed region. I think the vote would only be in that area, not all of Diyala just as the vote in Kirkuk wouldn only be in that city, not all of Tamim province.

Kjetting said...

As far as I know what constitutes disputed territories is written nowhere, and it has ususally only explicitly been used about Kirkuk. The KRG has only to a limited degree decleared what is "disputed" from their side.

What would be the mechanisme to decide which are should get a referendum per the 140 clause and what would fall under teh Law for Formation of the Regions?

buck smith said...

andrew.scheid

So are you syaing Maliki has to give up power after he has served 4 years? That would be good.

Sean said...

welcome iraqologist, great first (official) post, looking forward to reading your comments/analysis
DC thinktanker

motown67 said...

kjetting,

I don't know if parliament has ever decided which areas are disputed or not but I believe the constitution says territories, plural, and reading sites like Voices of Iraq Khanaqin and a few other northern areas that the Kurds occupy they say come under 140, while I've never heard that about Mosul which the Kurds also seem to have aspirations about. The UN said this summer they were going to try to mediate all the disputed areas including Kirkuk, and came up with a plan for four such areas but no side liked their proposal which was to turn two areas to Baghdad and two to Kurdistan. Those places were Akra, Makhmouri, Hamadaniya, and Mandali.

James F. Elliott said...

"I was hopeful from your first post in the first person..."

From an anonymous commenter.

The humor of the intertubes is alive and well.

Rashad said...

One thing that gets lost in the debate is that Khanaqin used to part of Suleimaniyah until Saddam basically gerrymandered the district to split off some of the oil producing regions and weaken the Kurds. I believe this was 1976. So it's not like the Kurds are just making up excuses to expand their territory.

In addition, he incentivized Sunni Arabs from the rest of Iraq to move up to Khanaqin and killed off a bunch of Kurds to try and get a base of support up there. At least this tactic seems to have mostly failed.