Criminal Procedure Code 23 of 1971
The Criminal Procedure Code No. 23 of 1971 replaced the Baghdad Procedure Code of 1919. It was modelled on the Egyptian Criminal Procedure Code No. 150 of 1950, which itself was based upon the Napoleonic Codes adopted in Egypt in the late 19th Century.
It has been amended on a number of occasions. For example, [...]
Read More»Legal Developments and Constitutional Structures in Iraq
In this address, given before Global Justice Project: Iraq was established, Professor Chibli Mallat outlined the major fault lines and challenges for Iraqi law: the risk of justice denied in the implementation of the US-Iraq security agreement, a fuzzy federalism, and an incoherent judicial system.
Read More»Speaker elected by Council of Representatives
On Sunday 19 April 2009, the Council of Representatives elected Ayad al-Sammaraie as the new speaker. The post of speaker has been vacant since Mahmud Mashhadani, an outspoken Sunni in Iraq’s Shiite-dominated political system, resigned on 23 December 2008. Previous attempts to elect a speaker have resulted in stalemate because no candidate has achieved an [...]
Read More»Capital Punishment: UPDATED
The Penal Code 111 of 1969 provides in Article 86 that “The death penalty is the hanging of the condemned person by the neck until he is dead.” It can only be imposed if the perpetrator is 21 or over.
Prior to 2003, the Penal Code provided that the death penalty was the sentence or [...]
Penal Code 111 of 1969
The Penal Code 111 of 1969 replaced the Baghdadi Penal Code of 1919 with effect from 15 December 1969.
It has been amended on a number of occasions.
With effect from 10 June 2003, CPA Order 7 Section 2(1) provided that “the Third Edition of the 1969 Iraqi Penal Code with amendments, registered in Baghdad [...]
Read More»Personal Status Code 1959
Law 188 of 1959 promulgated a Personal Status Code (published in the Official Gazette on 30 December 1959). Although the law was passed following the revolution of 14 July 1958, debate had previously raged for 12 years over the adoption of a Personal Status Code.
The law covers matters of marriage, divorce, child custody [...]
The Constitutions of Iraq
Iraq has had two constitutions – the monarchical constitution of 21 March 1925 introduced by the British (amended on 29 July 1925 and on 27 October 1943) and the present constitution approved by referendum on 15 October 2005. After the fall of the monarchy in 1958, a series of interim or provisional constitutions [...]
Read More»American Bar Association Rule of Law Initiative: Iraq
The American Bar Association (ABA) Rule of Law Initiative has completed a number of studies of the Iraqi justice system including:
The Judicial Reform Index (July 2006) for Iraq and for the Kurdistan Region;
The Status of Women in Iraq: An Assessment of Iraq’s De Jure and De Facto Compliance with International [...]
Grotian Moment: The International War Crimes Trial Blog
Grotian Moment: The International War Crimes Trial Blog features key documents, breaking news, and expert debate and commentary on issues and developments related to the major international war crimes trials of our time, including the trials of the Khmer Rouge leaders before the Extraordinary Chambers in the Courts of Cambodia, the trial of Charles [...]
Read More»International Centre for Transitional Justice
The International Centre for Transitional Justice (ICTJ) has worked to contribute to the development of effective transitional justice strategies in Iraq since 2003.
Publications include:
A translation and a briefing paper on the 2008 Accountability and Justice Law;
Updates 1, 2 and 3 on the Anfal trials at the High [...]
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