Year: 2021
The Iraqi High Tribunal, also (more accurately) translated as the Supreme Iraqi Criminal Court is the body established to try Iraqi nationals or residents accused of genocide, crimes against humanity, war crimes or other serious crimes committed between 1968 and 2003.
The Tribunal’s predecessor was established pursuant to CPA Order 48, which delegated authority to the Iraqi Governing Council to set up a war crimes tribunal. The Iraqi Governing Council subsequently issued a Law on 10 December 2003 and the resulting tribunal was then known as the Iraqi Special Tribunal for Crimes Against Humanity.
Its existence was preserved under Article 48 of the 2004 Transitional Administrative Law which stated:
(A) The statute establishing the Iraqi Special Tribunal issued on 10 December 2003 is confirmed. That statute exclusively defines its jurisdiction and procedures, notwithstanding the provisions of this Law.
(B) No other court shall have jurisdiction to examine cases within the competence of the Iraqi Special Tribunal, except to the extent provided by its founding statute.
(C) The judges of the Iraqi Special Tribunal shall be appointed in accordance with the provisions of its founding statute.
By means of Law No. 10 of 2005 published in the Official Gazette, issue 4006 of 18 October 2005, the transitional government replaced the Iraqi Special Tribunal with the Iraqi High Tribunal.
Article 93 of the 2005 Constitution states that:
The establishment of special or extraordinary courts is prohibited.
The jurisdiction of the Court covers crimes of genocide, war crimes and crimes against humanity committed during the period from 17 July 1968 to 1 May 2003