Baghdad: Legal expert and consultant, Salem Hawas, affirmed that commitments imposed by some political blocs and parties on individuals assuming public office, such as pledges not to run for future elections, not to form a political party, or not to participate in the electoral process, constitute a clear violation of the Constitution and the applicable laws, and therefore carry no legal effect.
According to National Iraqi News Agency, Hawas stated in a press release that such conditions infringe upon the core political rights guaranteed by the Constitution to every citizen without exception, including those related to the Law on Political Parties, the Electoral Commission, as well as civil and criminal laws. He stressed that the rights of candidacy, political participation, and political party formation are fundamental constitutional rights that cannot be waived or restricted by political agreements or personal commitments.
He explained that the judiciary cannot recognize such commitments because they are based on an ‘unlawful object’ and aim to strip citizens of political rights that no individual has the authority to relinquish. He emphasized that any public officeholder retains full political and legal rights regardless of prior pressures or agreements, while remaining accountable before the judiciary for any violations committed during their tenure.
Hawas added that these commitments are legally void due to the invalidity of their ’cause and object,’ noting that their object is unlawful as it contradicts the Constitution, and their cause is unlawful as it seeks to deprive a citizen of a constitutional right. Therefore, they lack any legal basis and cannot be enforced by the judiciary.
He further clarified that the legal doctrine governing the nullity of contracts is based on the absence or defect of essential elements, including the lack of genuine consent resulting from coercion or misrepresentation, or the illegality of the contract’s cause or object. Such defects render a contract or commitment legally nonexistent, and what is legally nonexistent produces no legal effect.