Project Publications and Dissemination of Research Results

The Grant states that DOS encourages the widest practicable dissemination of research results at any time.  To accomplish this objective, the Project employed Iraqi interpreters and translators to assist in implementing the Project‘s activities in Iraq. Dozens of technical papers and legal analyses were translated from English to Arabic and disseminated to GOI officials. Similarly, dozens of proposed Iraqi laws were translated from Arabic to English and then analyzed by Project experts. Project experts are completing a book series (in English and Arabic), including a guide to Iraqi law and policy, Iraqi federalism, the Iraqi Constitution, Iraqi anti-corruption efforts, and Iraqi criminal procedure.

The Project‘s website at www.gjpi.org has been a publicly available information repository about the Iraqi legal framework. The Project website includes laws in translation, analyses, news and information about legislation, court cases, organizations involved in legal work in Iraq, and links to Iraqi and other sources of legislation. The Project also created a parallel Arabic language website. All of this information is being transferred to a permanent database maintained by the University of Utah‘s Marriott Library to preserve the material record of the Project, to organize and disseminate this information in a meaningful manner, and to provide useful reference resources to Iraqi leaders, current and future researchers, and to the global public. The Project also has published articles and books (in English and Arabic) as lasting reference sources for GOI officials, Iraqi educators, international scholars, and others who are interested in Iraq and its Constitution, government, laws, legal system, and anti-corruption efforts.

The Project Website (in English and Arabic)
The Project‘s website www.gjpi.org is a public window for the Project which served as a useful resource about the Iraqi legal framework during the Grant period and which served as the information repository of the Project until the information was transferred to a permanent database at the University of Utah‘s Marriott Library. The Project website included laws in translation, regular news and information about legislation, court cases, organizations involved in legal work in Iraq, and links to Iraqi and other sources of legislation. A parallel Arabic language site was developed at www.gjpi.org/arabic/. A Project website content map showing materials on the website in English and Arabic was provided to CLA.

Project Documentation Outline
The goals for Project documentation were to capture and preserve the material record of the Project, to organize and disseminate this information in a meaningful context, and to provide a useful reference resource to current and future researchers and to the global public.

The following is an outline of key activities undertaken by the Project Librarian and by Global Justice Project Think Tank students and fellows.

Information gathering: Materials were gathered from the existing collections in Dropbox, Basecamp, and the GJPI website – particularly the blog entries. Materials included:

  • Documents
  • Email correspondence
  • Photos/Videos
  • Journal/Blog entries Information organization/classification
  • Interactive timelines
  • Photo galleries
  • Graphical representations of complex ideas and processes (Legislative process system, document lifecycle, schematics, etc)

Information was organized according to central activities as defined in the project work plan

  • Key developments and deliverables were highlighted
  • Related documents were interlinked
  • Authors/Contributors were linked relationally with activities and deliverables. Development of an archival database
  • Each item was branded with the GJPI logo, date-stamped, and proper attribution given to authors/contributors
  • An unpublished collection in the CONTENTdm archival database was created for the Iraq project at: http://content.lib.utah.edu/cdm4/browse.php?CISOROOT=/qip. A separate, private database was created for sensitive materials
  • All files were converted to the appropriate archival format (all documents to PDF, images to JPEG or TIFF)
  • Once uploaded to the database, items were cataloged with descriptive metadata (Title, author, publisher, etc)
  • Items are discoverable in Google and other Internet search engines Creation of a Project Documentation website
  • A prototype of the website was developed at the following URL: http://gjpi.org/gjpi-project-analysis/ (it is necessary to be logged into GJPI to view it)
  • A Project timeline provides a week-by-week account of activities and includes links to deliverables
  • A documentation section provides a full document index, organized by category.
  • A Key Developments table highlights developments, dates, contributors, and supporting materials
  • Final Deliverables are listed in a full index, organized by central activity
  • Website statistics will provide information on website traffic, geographical distribution of users, and the website‘s growth during the Project.
  • A link to the digital archive will allow users to browse all legacy project digital assets, including documents, publications, photographs, daily reports, etc. Expansion of the public website (gjpi.org)
  • All materials that can be made publically accessible were identified and links created for them in gjpi.org Supplemental multimedia development

Iraqi Laws and Secondary Materials
Many people outside Iraq do not know Iraqi law in Arabic and have to rely on existing English translations, but no central collection of translated Iraqi laws exists. When the Project commenced, the relevant English translations that existed were often of poor quality, out of date and misleading. The Project collected together Iraqi laws, Revolutionary Command Council (RCC) Resolutions, and Coalition Provisional Authority (CPA) Orders and, where necessary, substantially revised existing English translations and provided new translations.

The Project obtained copies (in Arabic) of all relevant laws presented to the COR and translated many of these into English and made them available on the Project Website. Materials made available include:

  • Penal Code No. 111 of 1969 updated to include all amendments made up to March 14
  • 2010 Criminal Procedure Code Law 23 of 1971 updated to include all amendments made up to 14 March 2010 and including the explanatory memorandum
  • 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
  • Judicial Organization 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
  • Amendment Law No. 3 of 2007
  • Juvenile Welfare Law No. 76 of 1983 as published in the Official Gazette, subsequent amendments not included
  • Amendment Law No. 76 of 1988
  • Amendment Law No. 12 of 1990
  • Amendment Law No. 21 of 1998
  • Instructions 112 and 113 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
  • 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 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
  • Military Criminal Procedure Law No. 30 of 2007
  • Internal Security Forces Penal Law No. 14 of 2008
  • Internal Security Forces Criminal Procedure Law No. 17 of 2008
  • Amnesty Law 19 of 2008 Law No. 15 of 2009 amending Article 243 of the Penal Code (False Notification of an Offence)

Revolutionary Command Council (RCC) Resolutions

  • RCC Resolution 215 of 1979 giving senior Baghdad municipal officials some of the powers of a Misdemeanor 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 Misdemeanor 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 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 organizing prostitution
  • RCC Resolution 42 of 1995 granting judicial power to a number of parts of the executive branch 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 behavior, 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 Orders

  • CPA Regulation 1: The CPA
  • CPA Order 2 dissolving (among 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), 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) – This Order was superseded by the Status of Forces Agreements in force since January 1, 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]
  • 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), 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),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 and appears 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 and 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

Where possible the Project also collected useful commentary on Iraqi law and made them available on its Arabic language website: http://gjpi.org/arabic/. These materials include:

In English
Afrin, Post Conflict Justice in Iraq, 14 ANNSICL 23
Alhashemi, Criminal Trial Procedures as a Tool to Serve Litigants, Protect Human Rights, and Activate the Judicial Activity
Amin, Middle East Legal Systems (1985) Amin, The Legal System of Iraq (1989)
Banks, Reconstructing Justice in Iraq: Promoting the Rule of Law in a Post-conflict State, 2008
Bassiouni, Iraq Post Conflict Justice: A Proposed Comprehensive Plan
Blinderman, Judging Human Rights Watch, 39 CWRJIL 99
Bodansky, et al, Autocracy to Democracy, 33 GAJIL 119
Bradley, Criminal Procedure: A Worldwide Study (2007)
Case University, Summary of Iraqi Criminal Procedure Law
Deflem, Comparative Criminal Justice Encylopedia of Islam (2nd edition)
Farhang, Reconstructing Justice, LA Lawyer, 2004
Frank, Trying Times: The Prosecution of Terrorists in the CCCI, 18 FLJIL 1
Hall, Post Conflict Criminal Justice in Iraq, 33 GAJIL 157
Heartland Alliance, Gender Based Violence Heller, A Poisoned Chalice, 39 CWRJIL 261
Human Rights Watch Report on Central Criminal Court, December 2008
Ibrahim, Modernizing the Penal Code to Serve and Protect Human Rights
Lippman, McConville and Yerushalmi, Islamic Criminal Law and Procedure (1988)
Mahmood, The Judicial System in Iraq Mallat, Iraq: Guide to Law and Policy (2009)
Muhairi, Arab Law Quarterly, series of articles on the Criminal Justice System in the UAE 1995-1997
Newton, Analysis of the Criminal Proceedings Code, Vanderbilt University (2008)
Reichel, Comparative Criminal Justice Systems (2007)
Thai, Constitutionally Excluded Confessions: Applying America‘s Lessons to a Democratic Iraq, 58 OKLR 37
Thaman, Comparative Criminal Procedure (2002) The Status of Women in Iraq: Update to the Assessment of Iraq‘s de Jure and de Facto Compliance with International Legal Standards, December 2006 USIP, Model Penal Code and Criminal Procedure Code
Volger, A World View of Criminal Justice (2005)
Wahab, An Overview of the Egyptian Legal System and Legal Research,
Williamson, Establishing Rule of Law in Post-War Iraq: Rebuilding the Justice System, 33 GAJIL 229
Yearbook of Islamic and Middle Eastern Law, Annual Iraq Country Studies in the 1994 to 2008

In Arabic
Dr. Akram Nasha‘at Ibrahim, General Rules in Comparative Penal Code (1998)
Dr. Ali Hussein Al-Khalaf, The Median in the Commentary on Penal Code / General Theory / Part 1: Source of Penal Code and its Scope of Application – Crime (1968)
Dr. Fakhri Abdul-Razzaq Sulbi Al-Hadithi, Comments on Penal Code / General Section
Dr. Sami Al-Nasrawi, Principles of Criminal Proceedings in the Iraqi Law / Part 1:- On public and civil proceedings, inspection, investigation and referral (1971)
Dr. Sami Al-Nasrawi, Principles of Criminal Proceedings in the Iraqi Law / Part 2:- Trials, sentencing, and appealing verdicts (1976)
Dr. Abdul-Emir Al-Ugaili, Principles of Criminal Procedures in the Penal Code / Part 1:- On Criminal Proceedings, Civil Proceedings, Public Prosecution, and Primary Investigation Procedures (1975)
Dr. Abdul-Emir Al-Ugaili, Principles of Criminal Procedures in the Penal Code / Part 2:- Trial, Verdict, Ways to Appeal, Implementation, Parole, Slander & Libel
Dr Bushra Al-Aubaidi, Discrimination Against Women in Iraqi Society and the Penal Code No. 111 of 1969, Baghdad University Law School Professor Wasfi al-Sharaa, Statements of Dying Victims, Basra University Law School Professor Wasfi al-Sharaa, Treatment of Torture in the Penal Code No. 111 of 1969, Basra University Law School

Project Book Series
The Grant states that ―DOS encourages the widest practicable dissemination of research results at any time. To accomplish this research dissemination objective, the following books have been published or are being written by and for the Project as lasting reference sources for GOI officials, Iraqi educators, international scholars, and others who are interested in Iraq and its Constitution, government, laws, legal system, and anti-corruption efforts:

  1. Professor Mallat‘s DALIL AL-DUSTUR AL-IRAQI (published in Arabic from Chapter 3 of his book, IRAQ: GUIDE TO LAW AND POLICY)
  2. Hasan Bahr al-Ulum, FIQH AL-NAZAM AL-ITTIHADI (The tentative title in English is THE [ISLAMIC] LAW OF THE FEDERAL SYSTEM)
  3. Anti-Corruption in Iraq (This is the transcript in Arabic and English of the proceedings of the Project‘s successful November 2009 anti-corruption workshop.)
  4. Dean Chodosh‘s anti-corruption book entitled MAPPING CORRUPTION IN IRAQ (This is currently in translation with the Introduction being revised by Professor Mallat.)
  5. Professor Mallat‘s OIL AND WATER (This is being translated into Arabic from Chapter 6 of his book, IRAQ: GUIDE TO LAW AND POLICY.)
  6. Three other chapters from Professor Mallat‘s book, IRAQ: GUIDE TO LAW AND POLICY are being translated into Arabic:
    1. Chapter 4 on Judiciary and the Rule of Law (this could be combined with some of the work done by Andrew Allen on the independence of the judiciary)
    2. Chapter 5 on International Law and the United Nations
    3. Chapter 7 on Security
  7. Iraq Judicial Decisions sub-series (to be edited by Andrew Allen and translated into English):
    1. Criminal and civil decisions of the Court of Cassation
    2. Decisions of the Federal Supreme Court
    3. Decisions of the State Shura Council
  8. An Iraqi history reader (about 500 pages long in English and Arabic, completed with Peter Sluglett as advisor)
  9. Constitutional documents from the Project‘s CRC work (possibly edited by Professor Haider Ala Hamoudi)
  10. Andrew Allen’s INL work on the Iraqi Criminal Procedure Code