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EUJUST LEX

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 […]

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Proposals for Reform of the Public Prosecution Service

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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 […]

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German Government fund UNDP assistance to Iraqi Judiciary

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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 […]

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Higher Judicial Council hosts criminal evidence conference

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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 […]

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Looking back at the ‘Future of Iraq’

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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 […]

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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 a […]

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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 […]

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Federal Judiciary

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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 […]

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SOFA referendum: Updated

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Al-Sabaah, the Government newspaper, on 24 June 2008 reported on its front page that the Council of Ministers are to encourage the Council of Representatives to pass legislation to postpone the referendum on the US / Iraqi Status of Forces Agreement, which is otherwise due to take place by the end of July. Update: On […]

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