NATIONAL JUDICIAL SYSTEMS

The Member State judicial systems are very diverse, reflecting differences in national judicial traditions.

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Judicial Systems In Member States – Iraq

This section provides you with an overview of the national judiciary system and court system in Iraq.

Organisation of justice – judicial systems

The judicial system in Iraq consists of:

1. Supreme Judicial Council: It is the highest administrative authority for the ordinary judiciary, headquartered in the capital, Baghdad. It is responsible for managing the ordinary judiciary, and is consisted of:

a. the president “president of the court of cassation” and his position, according to the constitution, is equivalent to the positions of the president of the republic, prime minister, and the president of the parliament.

b. representatives of the president of the Court of Cassation (4).

c. Chief Public Prosecutor.

d. Head of the Judicial Supervision Authority.

e. 16 Chiefs of Courts of Appeal.

(1) Court of Cassation:

It is a single court in the capital, Baghdad, and is considered the highest judicial authority in the ordinary judiciary. It currently consists of a president and 26 judges, responsible for reviewing decisions issued by all criminal, civil, and family courts. The President of the Court of Cassation is the President of the Supreme Judicial Council.

(2) Deputy President of the Court of Cassation:

Replaces the President of the Court of Cassation in case of absence for any reason and the current number is (4)

(3) Public Prosecution:

Headquartered in Baghdad, it is headed by the Chief Public Prosecutor and is followed by members of the public prosecution present in all courts in Iraq. The main task of the public prosecution is to monitor the decisions issued by judges and represent the community. The Chief Public Prosecutor is a member of the Supreme Judicial Council.

(4) Judicial Supervision Authority:

The entity responsible for monitoring the conduct of judges and employees in all courts in Iraq (except the Constitutional Court and courts of the Kurdistan Region). The head of the Authority is a judge and a member of the Supreme Judicial Council.

(5) Courts of Appeal:

They are the highest judicial and administrative authorities in each Iraqi province, consisting of 15 provinces, excluding the capital, Baghdad, which has two courts of appeal. This means there are 16 courts of appeal in Iraq (excluding the provinces of the Kurdistan Region, as the judicial system in the Kurdistan Region is independent of the judicial system in Iraq). The Chief of the Court of Appeal in each province is considered the head of the judges in the province and is a member of the Supreme Judicial Council.

* How to appoint a judge in Iraq:

1. Obtain a Bachelor’s degree in law (the study period in the law faculty is 4 years).
2. They should have experience in legal work (as a lawyer, investigator, or employee for a period of no
less than 3 years after obtaining a Bachelor’s degree).
3. The candidate submits an application to study at the Judicial Institute and undergoes oral and written
examinations. If they pass, they are accepted to study at the Judicial Institute.
4. The study period at the Judicial Institute is two years, during which the candidate receives theoretical
and practical lectures and undergoes daily practical training at the court under the supervision of judges
in various specializations.
5. After graduating from the Judicial Institute, the candidate is appointed as a judge or a deputy public
prosecutor at the fourth grade.
6. The judges and members of the public prosecution have four grades.
7. The transition from the fourth to the third grade, from the third to the second grade, and from the
second to the first grade requires spending five years between each grade and submitting a legal
research paper during this time.
8. When a judge reaches the first grade and spends two years in this grade, they become eligible for
appointment to advanced positions such as a member of the Court of Cassation or the Chief of the Court
of Appeal (head of judges in each province).
9. The general retirement age for a judge is 63 years old, which can be extended upon their request and
with the approval of the Supreme Judicial Council to 66 years old. For a judge of the Court of Cassation,
the extension period can be up to 68 years old.
10. The President of the Court of Cassation is appointed to their position by nomination from the
Supreme Judicial Council through voting, provided they have held the position of Deputy President of
the Court of Cassation for two years. The nominee is then sent to the Council of Representatives for
voting on their appointment. If approved, the President of the Republic issues a decree with the
appointment. There is no specific term for the appointment, but it is subject to the retirement age of
each judge, which is the completion of 63 years old and can be extended to 68 years old according to
their preference and the approval of the Supreme Judicial Council. (The President of the Court of
Cassation automatically becomes the President of the Supreme Judicial Council, as the law of the
Supreme Judicial Council states that the President of the Supreme Judicial Council is the President of the
Court of Cassation).
11. A member of the Court of Cassation, the Chief Public Prosecutor, and the Head of the Judicial
Supervision Authority are appointed in the same way as the President of the Court of Cassation. As for
the Deputy President of the Court of Cassation, they are nominated by the Supreme Judicial Council
directly to the President of the Republic, and a presidential decree is issued for their appointment.

Currently, the total number of judges in Iraq is as follows:

Secondly, the constitutional judiciary: It is represented by the Federal Court, which is the only one in
Iraq, located in the capital, Baghdad. It consists of a president and eight members, and its jurisdiction is
limited to constitutional issues according to Article 93 of the Constitution. It is administratively
independent of the ordinary judiciary entirely.

Thirdly, the administrative judiciary: The State Council specializes in the functions of the administrative
judiciary and is considered an independent body not affiliated with the judicial council as well as any
other entity. It includes the administrative judiciary, the courts of employees, and the Supreme
Administrative Court.

Fourthly,
1 – Military judiciary (the army): It is related to military courts affiliated with the Ministry of Defense and
is composed of army officers with law degrees. Its jurisdiction includes crimes committed by military
personnel in their military roles.
2 – Internal security forces courts (police): These courts are affiliated with the Ministry of Interior and
consist of police officers with law degrees. They specialize in crimes committed by police members
related to their duties.

The courts affiliated with the Supreme Judicial Council firstly: the Court of Cassation:

It is the highest judicial authority that audits decisions issued by civil courts, personal status courts (family), and criminal courts concerning crimes with penalties exceeding five years. The Court of Cassation is the only one in Iraq, located in the capital, Baghdad, and consists of several bodies:

  • The General Assembly: It includes all members of the court (currently 27 members, including the president and his deputy). It convenes once at the end of the month, chaired by the president of the court or his deputy, to review important cases decided by the president for auditing by the General Assembly.
  • The Expanded Criminal Authority: It includes the largest part of the court members, provided that there are no less than 15 members. It convenes under the presidency of the court president or his deputy and specializes in reviewing cases involving the death penalty or criminal cases that the president decides to audit.
  • The Expanded Civil Authority: It includes a number of court members, provided that their number is no less than 7. It specializes in reviewing important civil cases or those that the president decides to audit from this authority.

    • The Penal body

    It consists of a number of court members not less than (5) and is specialized in examining cases in which the law imposes a penalty of life imprisonment or less.

    Personal Status body:It consists of a number of court judges not less than (3) and is specialized in reviewing the decisions of personal status courts (family courts).

    There is one court of appeal in each province, except for Baghdad, which has two: one in the east of the Tigris River (Rusafa) and the other in the west of the Tigris River (Karkh). Since the number of Iraqi provinces, excluding Kurdistan Region, is (15), the number of appellate courts is (16). The Court of Appeal in each province is the supreme judicial body for the provincial courts, and the head of the court is a member of the Supreme Judicial Council and is the administrative head of the judiciary in the province.

    The Court of Appeal specializes in reviewing civil lawsuits and criminal cases in which the penalty is less than (5) years. The Court of Appeal consists of (3) judges for civil cases and (3) judges for criminal cases, and it is possible to have more than one chamber depending on the nature and volume of work in each province.

    The decisions of the Court of Appeal in civil cases are reviewed by the Court of Cassation, while in criminal cases with penalties of (5) years or less, they are final. The Court of Appeal in each province is followed by several courts as explained in paragraphs Third to Ninth.

    Third: The Court of First Instance: It specializes in civil cases such as sales and purchases, rentals, civil obligations, commercial contracts, etc. It consists of one judge and there are several courts of this type in various cities in each province. Their decisions are reviewed by the Court of Appeal and then the Court of Cassation.

    Fourth: Personal Status Court: It consists of one judge and specializes in marriage, divorce, alimony, and family cases in general. It is located in cities within the province, and its decisions are reviewed either by the Court of Appeal or the Court of Cassation, depending on the nature of the decision and its details.

    Fifth: The Investigative Court: It consists of one judge and a public prosecutor, specializing in investigating all crimes (felonies with penalties of more than (5) years, misdemeanors with penalties of (5) years or less, and infractions with penalties ranging from 24 hours to 3 months). The Investigative Court generally works on cases filed by the police centers affiliated with the Ministry of Interior, which are located in every city in the province. After completing the investigation, the investigative judge has the authority to either send the case to the Misdemeanor Court (penalties of 5 years or less) or to the Felony Court (penalties of more than 5 years) depending on the type of crime and its penalty, or decide to close the case if there is no evidence.
    The decisions of the investigative court judge are reviewed by the Criminal Court of the province in which they work in.

    Sixth: Criminal Court: In every province, there is a criminal court consisting of three judges and a public prosecutor. It specializes in considering crimes with penalties of more than five years. Its decisions are reviewed by the Court of Cassation.

    Seventh: Misdemeanor Court: This court consists of a single judge and a public prosecutor. It exists in every city in the province and is responsible for handling crimes with penalties of five years or less. Its decisions are reviewed by the Court of Appeal in the province.

    Eighth: Juvenile Court: This court consists of a president and two members. The president is a judge, and the members are not judges, one is a legal expert, and the other specializes in juvenile affairs. This court exclusively handles cases involving juveniles who committed a crime while under the age of 18. Its decisions are reviewed by the Court of Cassation.

    Ninth: Labor Court: In every province, there is a labor court consisting of a judge and two worker representatives who are not judges. It specializes in handling labor disputes as stipulated in labor law.

    The General Role of Public Prosecution:

    The public prosecution represents society, and its most prominent and clear role in Iraq is in criminal cases. The public prosecutor works with all criminal courts, monitoring and reviewing the decisions they issue. For example, if a public prosecutor in the investigation court finds a decision to be in compliance with the law, they support it; if they find it contrary to the law, they appeal it before the criminal court in the province. This court either upholds the investigating judge’s decision or agrees with the public prosecutor and annuls the decision. Similarly, the public prosecutor in the misdemeanor court, if they find the decision to be contrary to the law, appeals it before the Court of Appeal in the province. A public prosecutor in the criminal court, if they find the decision to be contrary to the law, appeals it before the Court of Cassation.

    The presidency of the public prosecution (located at the headquarters of the Supreme Judicial Council) automatically reviews decisions involving the death penalty or life imprisonment and prepares a recommendation to the Court of Cassation, either requesting the ratification of the court’s decision or its annulment. The Court of Cassation may agree with the request of the public prosecution presidency or with the court, depending on the law and evidence in the case.