Civil Procedure and Evidence
The implementation of the Civil Code 40 of 1951 is achieved by means of the Civil Procedure Code 83 of 1969 (this version as enacted – unamended) and the Civil Evidence Law 107 of Year 1979.
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Civil Code 40 of 1951
The Iraqi Civil Code was principally drafted by Abd al-Razzaq Al-Sanhūrī, a French-educated Egyptian jurist who was also the principal drafter of the Egyptian Civil Code of 1949. It replaced the 1877 Ottoman Majalla, the archetype for all codified Middle Eastern civil law. In 1943, Al-Sanhūrī was invited to Iraq by the Iraqi government and […]
Read MoreCriminal Procedure Code 23 of 1971
The Criminal Procedure Code No. 23 of 1971 replaced the Baghdad Procedure Code of 1919. It was modelled on the Egyptian Criminal Procedure Code No. 150 of 1950, which itself was based upon the Napoleonic Codes adopted in Egypt in the late 19th Century. It has been amended on a number of occasions. For example, […]
Read MorePenal Code 111 of 1969
The Penal Code 111 of 1969 replaced the Baghdadi Penal Code of 1919 with effect from 15 December 1969. It has been amended on a number of occasions. With effect from 10 June 2003, CPA Order 7 Section 2(1) provided that “the Third Edition of the 1969 Iraqi Penal Code with amendments, registered in Baghdad […]
Read MorePersonal Status Code 1959
Law 188 of 1959 promulgated a Personal Status Code (published in the Official Gazette on 30 December 1959). Although the law was passed following the revolution of 14 July 1958, debate had previously raged for 12 years over the adoption of a Personal Status Code. The law covers matters of marriage, divorce, child custody and […]
Read MoreInternational Centre for Transitional Justice
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The International Centre for Transitional Justice (ICTJ) has worked to contribute to the development of effective transitional justice strategies in Iraq since 2003. Publications include: A translation and a briefing paper on the 2008 Accountability and Justice Law; Updates 1, 2 and 3 on the Anfal trials at the High Criminal Tribunal; Dujail: Trial and […]
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