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Iraq: Judicial Branch
Country Study > Chapter 4 > Government and Politics > Government Overview > Judicial Branch

JUDICIAL BRANCH


The constitution of 2005 calls for Iraq’s judicial authority at the federal level to consist of the Supreme Federal Court and the Federal Court of Cassation (appeal). The Supreme Federal Court is to rule on the constitutionality of laws, on conflicts between federal and sub-federal authorities, and on cases involving federal law. The constitution calls for the court to include experts on Islamic law, but the composition and appointment authority of the court are left to legislation. Appointments to the Supreme Federal Court and the Federal Court of Cassation are made by recommendation of the Supreme Judicial Council. The members of that council are the chief appellate judge of each of the 17 appellate districts and some judges from the Federal Court of Cassation. The council’s presiding officer is a judge from the Supreme Federal Court. The council bears ultimate responsibility for all matters in the judicial branch. On several occasions in the early 2000s, it challenged the practices of Ministry of Interior police agencies. In 2006 the two-chamber Central Criminal Court of Iraq, established in 2003 by the Coalition Provisional Authority, retained authority to investigate and try crimes of national significance such as smuggling and insurgency. For military cases, civilian judges are named to a specially convened military court.

Data as of August 2006




Last Updated: August 2006


Editor's Note: Country Studies included here were published between 1988 and 1998. The Country study for Iraq was first published in 1988. Where available, the data has been updated through 2008. The date at the bottom of each section will indicate the time period of the data. Information on some countries may no longer be up to date. See the "Research Completed" date at the beginning of each study on the Title Page or the "Data as of" date at the end of each section of text. This information is included due to its comprehensiveness and for historical purposes.

Note that current information from the CIA World Factbook, U.S. Department of State Background Notes, Australia's Department of Foreign Affairs and Trade Country Briefs, the UK's Foreign and Commonwealth Office's Country Profiles, and the World Bank can be found on Factba.se.

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