EUJUST LEX is a civilian crisis management operation conducted under the European Security and Defence Policy (ESDP). The core aim is to foster confidence, mutual respect and operational cooperation between the different branches of the Iraqi criminal justice system (police, judiciary and penitentiary). The operational phase of the EUJUST LEX mission started on 1 July […]
Category: Judiciary
Proposals for Reform of the Public Prosecution Service
We have translated a paper by Judge Nassir Omran al-Mousawi setting out a history of the Public Prosecution service and making proposals for further reform to enable the service to achieve its potential and fill the roles allotted to it by current Iraqi legislation. Judge Nassir notes that the Public Prosecution is not yet able […]
German Government fund UNDP assistance to Iraqi Judiciary
The Higher Judicial Council issued a press release on 31 December 2009 announcing that it had signed an agreement with the UNDP and the German Government to provide support during the next two years to the newly opened Judicial Development Institute for the development of curricula for teaching civil law to enable judiciary and court […]
Higher Judicial Council hosts criminal evidence conference
On 24 December 2009, the Higher Judicial Council hosted a conference on criminal evidence. The opening address was given by Chief Justice Medhat al-Mahmoud and speakers included Prime Minister Al-Maliki and the US, UK and Australian Ambassadors. Representatives from the Ministry of Interior including Brigadier Dr. Iden Khalid, Deputy Interior Minister, from the judiciary including […]
Looking back at the ‘Future of Iraq’
From October 2001 until early 2003 over 200 international experts and exiled Iraqi engineers, lawyers, businesspeople, doctors and others, spearheaded by the US State Department, met to discuss and advise on public health and humanitarian needs, transparency and anti-corruption, oil and energy, defense policy and institutions, transitional justice, democratic principles and procedures, local government, civil […]
Federal Supreme Court Opinion on timescale for Presidency Council veto
See here for the previous history of the 2009 amendment to the election law On 3 December 2009, the Federal Supreme Court issued Opinion 76 of 2009 confirming that the members of Presidency Council have until Sunday 6 December 2009 to consider their exercise of veto. The decision in the original Arabic can be found […]
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 a […]
The Judiciary and the law in the Kurdistan Region of Iraq
The structure of the Kurdistan Regional court and judicial system closely follows that of the Federal judiciary. Decree No. 11 of August 1992 and the Judicial Authority Law No. 44 of December 1992 set out the basis for the judiciary in the region as an autonomous independent establishment of the Kurdistan Regional Government. The Courts […]
Federal Judiciary
The Federal Judiciary is administered by the Higher Judicial Council which compiles regular statistical reports on the state of the judiciary and its caseload, outside the 3 Kurdish governorates administered from Erbil, published on its excellent website. The most recent report, issued in April 2009, relates to the number of judges and reveals that there […]
Ministry of Interior and Higher Judicial Council collaborate to combat corruption
The Ministry of Interior website on 28 May 2009 noted the formation of a central operations facility and the allocation of inspection units of the Ministry of the Interior and the High Judicial Council as part of the national campaign to combat corruption. The Secretary General of the Council of Ministers, Mr. Ali Mohsen Alaak, […]