Year: 2021
The Iraqi Ministry of Foreign Affairs instructed the Federal Supreme Court, through its letter No. (9/6/Criminalizing Da’esh/2756) dated 27 May 2021, to submit a statement of opinion regarding what was stated in the letter of the Iraqi Embassy in Washington No. 14 dated 10 May 2021 regarding the submission of the legislative authorities in Kurdistan Region a draft law to the Parliament to establish a court competent with genocides, crimes against humanity and war crimes to prosecute Da’esh terrorist fighters in KRG.
According to the draft law, the court may appoint non-Iraqi judges and prosecutors and may issue verdicts including death penalty and will also has jurisdiction over Iraqi and non-Iraqi citizens. The Ministry requested an explanation of the extent to which the establishment of the court contradicts with Article (95) of the Constitution. After reviewing what was stated in the letter of the Iraqi Embassy in Washington No. 14 dated 10 May 2021 by this Court, which includes (press sources dealing with information on the submission of a draft law by the legislative authorities in Kurdistan Region to establish a court with the jurisdiction over genocides, crimes against humanity, and war crimes to prosecute Da’esh fighters). According to the draft law, the court shall have the power to appoint non-Iraqi judges and prosecutors and the authority to issue verdicts including death penalty, and shall also has jurisdiction over Iraqi and non-Iraqi citizens.