Domesticating International Criminal Law in the Kurdistan Region of Iraq

Year: 2022
Download E-book Version

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.