Iraqi Police (al-shurta al-iraqiyya) للشرطة العراقية

The police in Iraq operate under the supervision of the Ministry of Interior. The police and the Iraqi army (which operates under the supervision of the Ministry of Defence) are sometimes collectively referred to as the Iraqi Security Services. The Police and other forces controlled by the state excepting the army are sometimes referred to […]

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Special Courts and Tribunals

The normal Federal Judiciary is described here. This post lists the courts and tribunals outside the administration of the Higher Judicial Council.

Article 95 of the Constitution states that:
The establishment of special or extraordinary courts is prohibited.

Article 15(I) of the Transitional Administrative Law (TAL) had stated:
Civilians may not be tried before […]

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Law 23 of 2009 on Parliamentary Privileges

France 24 reports on a new law on Parliamentary privileges passed by the Council of Representatives after two attempts by the Presidency Council to challenge the law by returning it to the Parliament. Under Article 138(Fifth)(C) of the Constitution after the Presidency Council returns a law for a second time, the Council […]

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Commission on Integrity, GJPI & IREX hold lively and purposeful roundtable

On 18 November 2009 in Baghdad, the Commission on Integrity, GJPI & IREX held a roundtable on anti-corruption.
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Vigorous discussion concerning anti-corruption took place between members of the judicial, executive and legislative branches; anti-corruption institutions and […]

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National Elections in Iraq since 1924

A referendum on the monarchy in 1921 was followed by elections to the Constituent Assembly of 1924 which approved the text of a constitution later signed by the King in 1925.

Under the constitution of 1925, Iraq was a monarchy, with two Houses of Parliament, a Senate, appointed by the King, and a House of […]

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Sources of Law in Iraq

Below, we have attempted to set out the major sources of law in Iraq. Giving examples from the criminal law field.

1. Post 2005 by law (qanun) passed by the Council of Representatives, approved by the Presidency Council and Published in the Official Gazette
e.g.
• Law No. 13 of 2007, Reintroducing the safeguards contained […]

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Guardian fined for reporting criticism of Prime Minister Maliki

The British Guardian newspaper reported on 12 November 2009 that it had been fined 100 million dinars by an Iraqi court for reporting criticism of the country’s prime minister, Nouri al-Maliki. the fine was paid to al-Maliki as damages for defamation.
Al-Maliki’s Dawa party issued a statement on Thursday 12 November 2009 denying that […]

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Council of Representatives Passes Amendment to 2005 Elections Law: UPDATED ad infititum

On 8 November 2009, the Council of Representatives passed an amendment to the 2005 Elections Law. The amendment law will come into force, if it is unanimously approved by the Presidency Council pursuant to Article 138(Fifth)(A) of the Constitution, on the date of approval.

The key elements of the law are:

  • There will be 1 seat […]
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    Criminal Procedure and Human Rights

    With the aim of identifying potential areas for proposed reform, we have closely compared the provisions of the Criminal Procedure Code No. 23 of 1971 with the provisions of the following legal instruments that carry the force of law within Iraq: the 2005 Iraqi Constitution, the UN International Covenant on Civil and Political Rights, […]

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    Criminal Cassation

    See court structure diagram and criminal cassation pathways diagram.
    Iraq is a party to the International Covenant on Civil and Political Rights which states at Article 14(5) “Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.” The mechanism by […]

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