Download or read book The Judiciary in Iraq written by Chief Justice Madhat al-Mahmood and published by iUniverse. This book was released on 2014 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: After simmering in the background through the nineties, Iraq burst into the awareness of many when it became a battleground against the war on terror under the Bush administration. Few realize that in the midst of the fierce policy battles, one partially implemented state-building exercise took root, and Iraq became the first country in the Middle East, democracy or otherwise, to have a constitutionally mandated independent judicial branch.In The Judiciary in Iraq, Madhatal-Mahmood, chief justice of Iraq, examines the many elements contributing to the creation of the first independent judicial branch in the Middle East in 2003, tracing the roots of the Iraqi judicial system from Islamic and Ottoman origins through to the fortuitous opportunity created by the US state-building machinery that so often misfired. Providing guidance for support to the justice sector in Iraq and to new democracies in the region, Chief Justice al-Mahmood draws on his decades of work in both academic and government sector positions to discuss why Iraqi courts were positioned for independence in 2003 and on how the new branch has expanded access to services in spite of challenges.This study examines the evolution of the judiciary and courts in Iraq, starting from pre-Islamic developments, and then moving through the impact of Ottoman and British rule before considering the role of the judiciary and courts in a modern, stable, and democratic state in the Middle East following US interventions.
Download or read book Iraq written by Chibli Mallat and published by Aspen Publishers. This book was released on 2009 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Distinguished international scholar Chibli Mallat draws from his two-decade long experience with US policy-makers and Iraqi leaders for this breakthrough text. Iraq: Guide to Law and Policy offers timely coverage and incisive analysis of the American-Iraq experience in war and nation-building--examining the successes and failures of the law and policy implemented since the 2003 change of regime in Iraq. An essential tool for understanding the issues and choices required for well-informed policy decisions, Iraq: Guide to Law and Policy features: The creation of the Iraqi constitution--with a set of article-by-article commentaries, a special focus on the resulting electoral laws and the amendment process Up-to-date coverage of all areas of Iraqi policy, ranging from international law, oil and the economy to the constitution, security, and the judiciary. Thoughtful analysis of past mistakes, current choices and opportunities, and tactical and strategic courses of action in Iraq An ideal complement for courses on constitutional, international, or comparative law, Iraq: Guide to Law and Policy offers fascinating insight for anyone interested in the historical and contemporary issues, law, and policy that shape Iraq and the future of US- Iraqi relations.
Download or read book Normative and Practical Recommendations Toward Improved Judicial Independence in Contemporary Iraq written by Anes Ghanam Jbara and published by . This book was released on 2017 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study stands on the fact that the judicial independence is a fundamental element to achieve the rule of law. When it comes to building the rule of law in war-torn nations such as Iraq, several steps has to be taken in order to achieve this end. In this regard, the civil peace is a key, however; the researcher believes that Iraq needs to reform the judiciary concurrently with defeating terrorism and building civil peace. This study stems from an axiom that a weak and corrupted judiciary will hamper the other steps of establishing a modern and democratic regime. In addition, rule of law will not work properly with a weak judiciary. Therefore, the author doesn’t claim that building a strong and independent judiciary in Iraq would resolve all problems! Instead, the author presents this study claiming that judicial independence is a key part of the reform, which depends on the security and political stabilization.The researcher is aware that Iraq has not yet achieved the stage to be considered as a post conflict society; however, when Iraq defeat terrorism in the future this argument apply.This thesis acquires primary research data about current challenges, and potential solutions towards embedding judicial independence as part of democratisation, and increasing protection of human rights. Various research methods have been used including theoretical, doctrinal and empirical analysis. The research provides an examination of formal legal structures, the recent development of the judicial system, including the role of the Iraqi Federal Supreme Court and judicial oversight mechanisms. Proposals to reform relevant laws are made.The investigation develops a useful working definition of judicial independence and sets out practical principles in order to assess judicial independence in Iraq. These principles could be used to test other systems when considering judicial independence.It is argued that Iraq has insufficient institutions and processes to build and uphold the rule of law, to safeguard human rights, and to prevent recurring violence. Weakness of judiciary has created a poor reputation in respect of its capacity to investigate and prosecute human rights violations. Current operational deficiencies can be traced to decades of conflict, the country’s geographical and religious background, and a culture reluctant to accept judicial independence. Further, it is concluded that the weakness of the Iraqi judiciary is a function of the lack of a culture of independence alongside political and religious pressures uponiiijudges. Recommendations which follow include; reforms to judicial appointments, training, ethics, discipline, security, tenure and removal from office; reforms to judicial leadership and the broader oversight of the judiciary; increased transparency in judicial processes, and increased engagement and communication with citizens; abolishing quasi-judicial bodies compromised by political interference; tackling corruption in society; defining spheres of civil and Islamic law at legislative level alongside a conclusion that embedded Islamic laws need not necessarily reduce judicial independence.
Download or read book Examining Recommendations for Improvements to Iraq s Justice System written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2007 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Post Conflict Justice in Iraq written by Zakia Afrin and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Post-Conflict Iraq, justice meant holding the previous Iraqi government liable for its thirty five years' of atrocities against Iraqi citizens and reconstructing the judicial system while introducing the notion of an independent judiciary. In this article, I analyze the Iraqi Transitional Authority's approach and initiative regarding Post-Conflict justice in Iraq. Describing the actions of the authority, I seek to answer three questions: first did the statute of special tribunal meet international standards? Second, did the trial of Saddam Hussein serve to satisfy the goals of Post-Conflict justice? Third, did the Transitional Authority's actions associated with reconstructing the justice system comply with its mandate under International Law?
Download or read book The Will of the Iraqi People written by Haider Ala Hamoudi and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: While there has been much literature on the Iraqi constitution of both the scholarly and popular media variety, attention to contemporary Iraqi judicial decisions, and in particular those of the Iraqi Federal Supreme Court, has been far less pronounced. In fact, my own search has not led me to a single published law review article on the subject. There is some irony to this - it is, after all, rather difficult to address the concept of constitutionalism in any state without reference to constitutional praxis, and the judiciary is, at the very least, an integral participant in that praxis. I have sought to address this omission with my own review of Iraqi judicial practice over the past half decade. My thesis upon completing such a review is that Iraq's judiciary is generally (though not entirely) independent of overweening executive influence, its rulings are generally (though not entirely) heeded within the political classes and the broader polity, and as such its emerging practice does not differ from contemporary scholarly accounts of the history of the United States Supreme Court, or, perhaps better stated, the differences are of degree rather than quality. This Article proceeds in three parts. The first part addresses the independence of the Iraqi judiciary from direct executive interference, and provides limitations on the thesis that the judiciary is able to work largely without threat of reprisal from the executive. The second part addresses the legitimacy of the Court's decisionmaking and the broad (though by no means unlimited) extent to which its rulings are heeded by other political institutions and by the broader public. The third part acknowledges that which will be made clear in the first two sections - namely, that the Iraqi courts, particularly at the higher level, while being generally independent and legitimate, perceive themselves as constrained enough to proceed cautiously and carefully, anxious not to issue rulings that will be broadly rejected by the political classes, or enter the courts into divisive disputes that will only lead to a loss of the prestige of the judicial institution. However, far from being some sort of anomalous example of judicial failing, in fact, the judiciary is conducting itself precisely as any judiciary would, including that of the United States, at least according to contemporary scholarly accounts, and in particular that of Barry Friedman in his most recent work, The Will of the People.
Download or read book Judicial Reconstruction and the Rule of Law written by Angeline Lewis and published by Martinus Nijhoff Publishers. This book was released on 2012-08-27 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of building a blueprint ‘rule of law’ through military intervention has seized the imagination of practitioners and theorists alike in the past decade of peacebuilding operations, and an emphasis on simultaneous judicial reconstruction and security sector reform has emerged as their central strategy. This work, in a fresh approach based on recent military operations in Iraq and beyond, challenges both the universality of the blueprint and the doctrinal assumption that institutional reform by military interveners builds peace and legitimacy. In a comprehensive review, the essential role of the community in developing its own relationship with law, while interveners refocus exclusively on restoring public security using their extraordinary powers under international humanitarian law, emerges as the only future for ‘rule of law operations.’
Download or read book Iraq against the United States of America a proposal of a judgment of the International Court of Justice events of 2003 written by Andreas Lorek and published by GRIN Verlag. This book was released on 2006-12-30 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2005 in the subject Politics - Topic: Peace and Conflict, Security, grade: 1,3, University of Poznan, course: International Judicial System, language: English, abstract: “The International Court of Justice established by the Charter of the United Nations [is] the principal judicial organ of the Unirted Nations”is laid down in article 1 of the Statute of the International Court of Justice (ICJ). The ICJ consists of 15 international judges of high moral character who are elected by the General Assembly (GA) and the Security Council of the United Nations (UNSC). It is not permitted to have two judges of the same nationality in the Court. Judges are elected for nine years, re-election for another period is possible. Every three years elections will be held in which five judges are chosen. If the bench of judges does not include one with the nationality of a state of the dispute, this state can appoint a person to sit ad hoc for this case. The seat of the ICJ is at the Peace Palace in The Hague, Netherlands, nevertheless it is possible to exercise its functions elsewhere. The ICJ has two main functions: it has to settle legal disputes submitted to the Court in accordance with international law and secondly it has to give advisory opinions on legal questions (ICJ 2005a). Only states can be parties in front of the ICJ. It is open to all states that have ratified the Statute, conditions for other states can be made by the UNSC. Article 36 of the Statute of the ICJ makes clear that“the jurisdiction of the Court comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations”.All Members of the UN are as well parties to the ICJ, as laid down in Article 93 of the Charter of the United Nations (UN). A dispute could be brought to the attention of the ICJ by any member of the UN (Charter of the UN: Article 35.1) or a party to the dispute (Charter of the UN: Article 35.2). The UNSC is like the ICJ a principal body of the UN. These two bodies often have to act in correlation, a complete separation of powers does not exist. Their functions are complementary (cp. Skubiszewski 1996). States have the opportunity to accept the jurisdiction of the ICJ generally in respect of all occurring disputes or only particular ones. A general acceptance of the ICJ needs a declaration from a state which is party to the present Statute (Statute of the ICJ: Article 36.2).
Download or read book Law in Iraq written by Chibli Mallat and published by Oxford University Press, USA. This book was released on 2012 with total page 1066 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Examining Recommendations for Improvements to Iraq s Justice System written by United States Senate and published by . This book was released on 2019-12-05 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining recommendations for improvements to Iraq's justice system: hearing before the Committee on the Judiciary, United States Senate, One Hundred Tenth Congress, first session, January 31, 2007.
Download or read book Need for an Independent Counsel to Investigate U S Government Assistance to Iraq written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 1992 with total page 804 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Examining recommendations for improvements to Iraq s justice system hearing written by and published by DIANE Publishing. This book was released on with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A History of Political Trials written by John Laughland and published by Peter Lang Limited, International Academic Publishers. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern use of international tribunals to try heads of state for genocide and crimes against humanity is often considered a positive development. In A History of Political Trials, John Laughland shows that trials of heads of state are in fact not new, and that previous trials throughout history have themselves violated the law and due process.
Download or read book Law In Iraq written by Chibli Mallat and published by OUP USA. This book was released on 2012-05-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law in Iraq: A Document Companion provides the full English translation of Iraq's most important laws and regulations. These two volumes constitute the first collection of English-language primary materials published since the current Iraqi constitution was ratified in 2005. Supplemented with a subject index and a table of authorities for ease of use, this collection is an essential resource for anyone conducting research into Iraq's governmental structure, regulation of commerce, and legal procedures.
Download or read book The Judicial Tug of War written by Adam Bonica and published by Cambridge University Press. This book was released on 2020-12-17 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a novel theory explaining how and why politicians and lawyers politicise courts.
Download or read book Establishing the Rule of Law in Iraq written by Robert Perito and published by . This book was released on 2003 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Trial of Saddam Hussein written by Dr. Abdul-Haq Al-Ani and published by SCB Distributors. This book was released on 2010-04-20 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: The trial of Saddam Hussein marks the first time since the UN was created that a head of state has been put on trial by an invading, occupying power. This book, by the UK coordinator of Saddam Hussein's defense team, seeks to alert public attention to the threat this precedent poses to developing nations worldwide, and to its distortive influence on the further development of international law. Al-Ani documents the trail of illegalities marking the destruction of Iraq at the hands of the US and UK, from the genocidal sanctions of the 1990s, the US State Department pre-invasion planning that commenced in 2001, and the 2003 invasion, to the setting up and proceedings of the Tribunal that swiftly dispatched Saddam Hussein. While the Tribunal was intended to promote the image of a triumphant Iraqi democracy, the US was actually in control of all stages of the trial. It drafted the Tribunal's Statute, decided where the trial would be held, and what charges would be brought; researched, compiled, stored, and prevented access to evidence and documentation; elected and trained the judges, and micro-managed the proceedings. Al-Ani follows the trial step by step, detailing its many failures and US micro-management: * Important documents were not given to defense lawyers in advance * no written transcript of the trial was kept * paperwork was lost * The defense was prevented from cross-examining witnesses * judges and numerous witnesses participated incognito, * defense lawyers were intimidated, three were assassinated * defense witnesses were frightened to come forward * defense lawyers could not communicate with their client or review the evidence The trial itself was so farcical as to provoke international condemnation. International human rights groups, including Amnesty International and Human Rights Watch, as well as UN bodies such as the Working Group on Arbitrary Detention and the High Commissioner for Human Rights, have stated that the Iraqi Special Tribunal and its
