Keywords : The future of the Supreme Iraqi Criminal Tribunal

The future of the Supreme Iraqi Criminal Tribunal between the cancellation and keep

Nawzad Ahmed Yassin Shuani

Journal of college of Law for Legal and Political Sciences, 2012, Volume 1, Issue 2, Pages 218-256


That research on the subject of the future of the Iraqi High Criminal Court (1), is significant and of great importance in view of privacy enjoyed by, how can it not competent to deal with the charges against the former regime. Formed, as this court decision of the Governing Council dissolved on 10 / October / 2003, and based its founding to the TAL, which served as an interim constitution for Iraq at the time.    And became the court and in accordance with its jurisdiction over crimes (genocide, war crimes and crimes against humanity and crimes in the penal laws Iraqi window) to be the period that committed those crimes and located between the dates of 07/17/1968 and 05/01/2003. These consist of the Court from the Department of Administrative and Public Prosecution and the magistrates and of the discrimination, as a result of the accusations directed to this Court as a court created by the occupation forces and it is not independent, initiated by the Iraqi National Assembly enacted a law called the law of the High Criminal Court, which was adopted in 18/10 / 2005 to become law in force and binding, where the Court grants legitimacy to continue to consider cases brought before it.To find out the most important questions raised by many researchers and laws, must first of the question, Is this part of the Court of Judicial Organization in Iraq? Is that the court was successful in issuing judicial rulings on many of the convicts? , And whether the court had completed its consideration of all claims brought before them? Is it time to abolish the basis of the (m 34) of the Iraqi constitution in force? .