Year: 2022
This study, which the KCIL in cooperation with Ifa via FFO conducted, concentrates on the legal
bases for domesticating international criminal law (ICL) by analyzing effective features for enforcing ICL.
Consequently, the study seeks to show why the Kurdistan Region of Iraq (KRI) ought to be proactive in
prosecuting core crimes committed in their territories based on territorial
jurisdiction, as well as on other jurisdictional grounds. The study explores
the main problems of this process, such as the complexity and distinctive
elements of ICL, the constitutional barriers of domesticating ICL, as well as
the practical and technical aspects in this regard, including the inability of
judges, prosecutors, and lawyers to deal with these crimes. This study also
points out other impediments which may be encountered when domesticating ICL
and suggests effective ways to overcome these issues.
Accordingly in this research, it is analyzed what the main obstacles are, and basic issues are discussed which the
legislator, judges, prosecutors, and lawyers face in domesticating ICL and by
suggesting effective methods to functionalize ICL in the KRI. Within this context,
it is noteworthy that this legislative process goes beyond ratifying
international conventions since Iraq is a dualist state and requires that
domestic legislation is enacted to give effect to ratified treaties. Iraq has
ratified various multilateral conventions, such as the Geneva Conventions and
the Genocide Convention, but Iraq has, nonetheless, failed to enact the
required domestic laws to deal with these crimes within its domestic setting
effectively. The overall aim of this study is, therefore, to examine problems
that usually occur or could emerge for the legislator in KRI and for judges
when implementing ICL and trying offenders. This goal goes beyond only renewing
the law, but also could be seen as a way of changing the existing legal culture
in KRI by fully transposing international law.