Criminal Law and Procedure – Global Justice Project: Iraq

Analysis
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Note that further information about corruption cases can be found on our anti-corruption page. Further information about the structure of the court system including our criminal cassation pathways diagram can be found on our Judicial Independence page.

Legislation

Penal Code No. 111 of 1969 updated to include all amendments made up to 14 March 2010
- An earlier version of the Penal Code Law 111 of 1969 from the Grotian Moment International War Crimes Trial Blog at Case Western Reserve University School of Law. This is the 3rd edition from late 1984 to which the law reverted in 2003. It does not contain the amendments made by the CPA and subsequently.
Criminal Procedure Code Law 23 of 1971 updated to include all amendments made up to 14 March 2010
- Explanatory Memo – this was published in the Official Gazette alongside the Criminal Procedure Code and although not part of the law, is used as a reference point by lawyers and judges
- Criminal Procedure Code No. 23 of 1971 as it applies in the Kurdistan Region of Iraq
Public Prosecutor Law No. 159 of 1979 updated to include all amendments made up to 14 March 2010
- Public Prosecutor Law 159 of 1979 from the English language version of the Official Gazette as originally published. Numerous subsequent amendments not included and unfortunately the translation is terrible but of some historical interest given the references to socialism and the revolution.
Judicial Organisation Law No 160 of 1979 as amended up to 2001. Subsequent amendments not incorporated.
- CPA Order 35 and CPA Memorandum 12
- Amendment Law No. 2 of 2007 (العربية)
- Amendment Law No. 3 of 2007 (العربية)
Juvenile Welfare Law No. 76 of 1983 as published in the Official Gazette. Subsequent amendments not included. Note that in this translation in Article 56 the word ‘felonies’ should be read as ‘misdemeanours’
- Amendment Law No. 76 of 1988
- Amendment Law No. 12 of 1990
- Amendment Law No. 21 of 1998
- Instructions 112 and 113 were issued in 1987
Ministry of Justice Instructions 3 of 1986 on Public Prosecutors as published in the Official Gazette
Medical Legal Law No. 57 of 1987 as published in the Official Gazette
Combating Prostitution Law No. 8 of 1988 (arabic)
Revolutionary Command Council (RCC) Resolutions
- RCC Resolution 215 of 1979 giving senior Baghdad municipal officials some of the powers of a Misdemeanour Judge
- RCC Resolution 218 of 1979 replacing the word ‘hakim‘ with the word ‘qadi‘ throughout relevant legislation
- RCC Resolution 1042 of 1979 protecting army officers from civilian criminal proceedings
- RCC Resolution 1630 of 1981 giving Governors and heads of administrative units some of the powers of a Misdemeanour Judge
- RCC Resolution 8 of 1983 relating to crimes under the Trade Organizing Law No. 20 of 1970
- RCC Resolution 133 of 1985 delay in the execution of a punishment [no longer operable]
- RCC Resolution 1386 of 1985 excluding those sentenced to the death penalty from mercy petitions and general reductions in sentence except for those expressly included by name
- RCC Resolution 609 of 1987 concerning the precise term to be used for those convicted of certain offences
- RCC Resolution 104 of 1988 on the appellate jurisdiction of the Court of Appeal in its Cassation Function
- RCC Resolution 57 of 1992 concerning the abilities of various courts to look into geographical jurisdictional disputes
- RCC Resolution 155 of 1993 increasing the penalty for those involved in organizing prostitution to death [now suspended]
- RCC Resolution 118 of 1994 providing for the penalty of execution [now suspended] and the confiscation of property for organising prostitution
- RCC Resolution 42 of 1995 granting judicial power to a number of parts of the executive in relation to specific crimes
- RCC Resolution 203 of 2001 downgrading the value of testimony of someone convicted of a gambling offence
- RCC Resolution 234 of 2001 on anal sex, indecent behaviour, prostitution, procurement and brothel keeping
- RCC Resolution 141 of 2002 on notification of state authorities as injured parties
CPA Regulations, Orders, Memoranda and Public Notices
- CPA Regulation 1: The CPA
- CPA Order 2 dissolving (Amongst many other things) the Revolutionary, Special and National Security Courts (signed 23 May 2003)
- CPA Order 7 on Penal Law (signed 10 June 2003)
- CPA Order 10 on Management of Detention and Prison Facilities (signed 5 June 2003)
- CPA Order 13 (revised and Amended): The Central Criminal Court of Iraq (signed 22 April 2004). NB Further Amended by CPA Order 100.
- CPA Order 14: Prohibited Media Activity (signed 10 June 2003)
- CPA Order 15: Judicial Review Committee (signed 23 June 2003)
- CPA Order 17 (revised): Status of the Coalition Provisional Authority, MNF-Iraq, Certain Missions and Personnel in Iraq (originally signed 27 June 2003, revision signed 27 June 2004 – both published in the Official Gazette). Note that this Order has been superseded by the State of Forces Agreements in force since 1 January 2009
- CPA Order 19: Freedom of Assembly (signed 10 July 2003)
- CPA Order 25: Confiscation of Property Used In Or Resulting From Certain Crimes (signed 3 September 2003) repealed by Law No. 11 of 2009 (arabic)
- CPA Order 27: Establishing the Facilities Protection Service
- CPA Order 31: Modifications of Penal Code and Criminal Procedure Code (signed 15 September 2003)
- CPA Order 35: Re-establishment of the Council of Judges (signed 18 September 2003)
- CPA Order 41: Notification of Criminal Offences (signed 15 September 2003). NB Amended by CPA Order 100
- CPA Order 48 and Appendix A delegating authority to the IGC to establish a Special Tribunal (signed 10 December 2003). NB amended by Section 3(19) of CPA Order 100
- CPA Order 98: Ombudsman for Penal and Detention Matters (signed 27 June 2004)
- CPA Order 99: Joint Detainee Committee (signed 27 June 2004)
- CPA Order 100: Transition of Laws Issued by the CPA (signed 28 June 2004)
- CPA Memorandum 2 on Management of Detention and Prison Facilities (signed 8 June 2003)
- CPA Memorandum 3 on Criminal Procedure (original, signed 18 June 2003). this is the ‘original’ version published in the Official Gazette. It would appear to be the version treated as law in Iraq.
  - CPA Memorandum 3 on Criminal Procedure (revised, signed 27 June 2004). This is the ‘revised’ version from the CPA archive website. It does not appear to have been published in the Official Gazette. It does not appear to be treated as law in Iraq.
- CPA Memorandum 12: Administration of Independent Judiciary (signed 8 May 2004)
- CPA Public Notice: Regarding Public Incitement to Violence and Disorder, dated 5 June 2003
- CPA Public Notice: Regarding the Establishment of a Central Criminal Court of Iraq and Adjustments to the Criminal Procedure Code, dated 18 June 2003
- CPA Public Notice: Regarding the Status of Coalition, Foreign Liaison and Contractor Personnel, dated 26 June 2003
- CPA Public Notice: Regarding the Prohibition under Iraqi Law of Vehicles with Tinted Windows, dated 27 June 2003
- CPA Public Notice: Increased Sentences for Persons Convicted of Crimes after Receiving Amnesty, dated 19 December 2003
Interim Government Decree 3 of 2004: Reintroducing the death penalty for a limited number of crimes
Law of the High Iraqi Criminal Tribunal No. 10 of 2005. This is the revised law which replaced the original Statute of the Iraqi Special Tribunal for Crimes Against Humanity, of 10 December 2003
Iraqi High Tribunal Rules of Procedure 2005 which replaced the Iraqi Special Tribunal Rules of Procedure
Anti-Terrorism Law No. 13 of 2005 (arabic)
Law No. 10 of 2006: Amendment to Public Prosecution Law No. 159 of 1979
Law No. 13 of 2007: Reintroducing the safeguards contained in the Criminal Procedure Code for the application of the death penalty
Military Penal Law No. 19 of 2007 (arabic)
Military Criminal Procedure Law No. 30 of 2007 (arabic)
Internal Security Forces Penal Law No. 14 of 2008 (arabic)
Internal Security Forces Criminal Procedure Law No. 17 of 2008 (arabic)
Amnesty Law 19 of 2008 from the Iraq Slogger site (arabic)
Law No. 15 of 2009 amending Article 243 of the Penal Code (False Notification of an Offence) (arabic)

International Treaties

Resources

Iraqi Judicial Forum 2-4 October 2004:
- Criminal Trial Procedures
- Modernizing the Penal Code to Serve and Protect Human Rights
Cyndi Banks, ‘Reconstructing Justice in Iraq: Promoting the Rule of Law in a Post-conflict State’, ISA Conference 2008, San Francisco
International Association of Prosecutors: Standards of Professional Responsibility
Case Western Reserve Journal of International Law: Lessons from the Saddam Trial Vol 39, Nos 1 & 2
Human Rights Watch, 19 November 2006, Judging Dujail (also available in العربية)
Human Rights Watch, 22 June 2007, The Poisoned Chalice (also available in العربية)
Human Rights Watch, 2 July 2007, ‘Caught in the Whirlwind: Torture and Denial of Due Process by the Kurdistan Security Forces‘ (also available in العربية)
Human Rights Watch, 14 December 2008, ‘The Quality of Justice: Failings of Iraq’s Central Criminal Court‘ (also available in العربية)
Human Rights Watch, 17 August 2009, ‘They Want us Exterminated: Murder, Torture, Sexual Orientation and Gender in Iraq‘ (also available in العربية)
UN Office on Drugs and Crime, Criminal Justice Assessment Toolkit
Compendium of United Nations Standards and Norms in Crime Prevention and Criminal Justice (العربية)
Razzaq Hamad Al-Awadi, Juvenile Delinquency in Iraq: The Causes and Treatments Civilised Dialogue, No. 2730 of 6 August 2009 (in Arabic)

Comparative materials

Amnesty International: Unfair Trials in the Middle East and North Africa 1998
Egyptian Criminal Procedure Code No 150 of 1950 (in Arabic) note that this would appear to have been posted in May 2005 and there have been amendments to the Code since then
Egyptian Penal Code No 58 of 1937 (in Arabic) note that this would appear to have been posted in March 2007
Criminal Law – Oxford Islamic Studies Online – Farhat J. Ziadeh, The Oxford Encyclopedia of the Islamic World