Judiciary of Iraq
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The judiciary of Iraq is a branch of the
government of Iraq The federal government of Iraq is defined under the current Constitution, approved in 2005, as an Islamic, democratic, federal parliamentary republic. The federal government is composed of the executive, legislative, and judicial branches, as w ...
that interprets and applies the laws of Iraq, to ensure
equal justice under law Equal justice under law is a phrase engraved on the West Pediment, above the front entrance of the United States Supreme Court building in Washington D.C. It is also a societal ideal that has influenced the American legal system. The phrase wa ...
, and provides a mechanism for dispute resolution. The judiciary is composed of the Higher Judicial Council, the Supreme Court, the
Court of Cassation A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th ...
, the Public Prosecution Department, the Judiciary Oversight Commission, the Supreme Iraqi Criminal Tribunal, the Central Criminal Court and other courts that are regulated by law.


Higher Judicial Council

The Higher Judicial Council manages and supervises the affairs of the federal judiciary. It oversees the affairs of the various judicial committees, nominates the Chief Justice and members of the Court of Cassation, the Chief Public Prosecutor, and the Chief Justice of the Judiciary Oversight Commission, and drafts the budget of the judiciary. In 2013, the Council of Representatives passed the Iraqi Federal Court Act, which forbids the Chief Justice of the Supreme Court from also being the head of the Judicial Council, and replaced him with the Chief Justice of the
Court of Cassation A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th ...
.


Supreme Court

The Supreme Court is an independent judicial body that interprets the constitution and determines the constitutionality of laws and regulations. It acts as a final
court of appeals A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
, settles disputes amongst or between the federal government and the regions and governorates, municipalities, and local administrations, and settles accusations directed against the President, the Prime Minister and the Ministers. It also ratifies the final results of the general elections for the Council of Representatives.


Supreme Iraqi Criminal Tribunal

The Supreme Iraqi Criminal Tribunal (formerly the ''Iraqi Special Tribunal'') is a body established to try Iraqi nationals or residents accused of
genocide Genocide is the intentional destruction of a people—usually defined as an ethnic, national, racial, or religious group—in whole or in part. Raphael Lemkin coined the term in 1944, combining the Greek word (, "race, people") with the Lat ...
, crimes against humanity, war crimes or other serious crimes committed between 1968 and 2003. It organized the trials of
Saddam Hussein Saddam Hussein ( ; ar, صدام حسين, Ṣaddām Ḥusayn; 28 April 1937 – 30 December 2006) was an Iraqi politician who served as the fifth president of Iraq from 16 July 1979 until 9 April 2003. A leading member of the revolutio ...
,
Ali Hassan al-Majid Ali Hassan Abd al-Majid al-Tikriti ( ar, علي حسن عبد المجيد التكريت, ʿAlī Ḥasan ʿAbd al-Majīd al-Tikrītī; 30 November 1941 – 25 January 2010), nicknamed Chemical Ali ( ar, علي الكيمياوي, ʿAlī al-Kīm ...
("Chemical Ali"), former Vice President
Taha Yassin Ramadan Taha Yasin Ramadan al-Jizrawi ( ar, طه ياسين رمضان الجزراوي; (1939 – 20 March 2007) was an Iraqi politician and military officer of Kurdish origin, who served as one of the three vice presidents of Iraq from March 1991 to t ...
, former deputy Prime Minister
Tariq Aziz Tariq Aziz ( ar, طارق عزيز , 28 April 1936 – 5 June 2015) was an Iraqi politician who served as Deputy Prime Minister, Minister of Foreign Affairs and a close advisor of President Saddam Hussein. Their association began in the 1950s wh ...
and other former senior officials of the deposed Ba'athist regime. The Court was set up by the
Coalition Provisional Authority ) , capital = Baghdad , largest_city = capital , common_languages = ArabicKurdish English (''de facto'') , government_type = Transitional government , legislature = Iraqi Governing Council , title_leader = Administrator , leader1 = Jay ...
and reaffirmed later by the
Iraqi Interim Government The Iraqi Interim Government was created by the United States and its coalition allies as a caretaker government to govern Iraq until the drafting of the new constitution following the National Assembly election conducted on January 30, 2005. T ...
. In 2005 it was renamed after the constitution banned "''special or exceptional courts''". The
Transitional Administrative Law The Law of Administration for the State of Iraq for the Transitional Period ( ar, قانون إدارة الدولة للفترة الانتقالية), also called the Transitional Administrative Law or TAL, was Iraq's provisional constitution fol ...
(TAL) promulgated by the Iraq Governing Council before the restoration of Iraqi sovereignty preserves and continues the Iraq Special Tribunal in force and effect.


Central Criminal Court

The Central Criminal Court is the main criminal court of Iraq. The CCCI is based on an
inquisitorial system An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an ...
and consists of two chambers: an investigative court, and a criminal court.


References


External links


The Iraqi Higher Judicial Council
{{Judiciaries of Asia Government of Iraq Law of Iraq