International criminal law is strongly tied to human rights law. Genocide, crimes against humanity, war crimes, and crimes of aggression are the four fundamental crimes that are covered by international criminal law. Some of these crimes can be committed during times of peace and some during times of conflict. This law, like human rights law, aims to safeguard people's freedom, security, and sense of dignity, both individually and collectively.
Human rights legislation is applicable at all times, even during armed conflicts. Only that the state has the authority to suspend human rights until after natural disasters or unexpected human death. Certain rights, however, such the freedom of religion and belief and the right to life, nevertheless need to be upheld. The issue of individual accountability emerges when committing one of these crimes, also referred to as international crimes: who should be prosecuted? Who's authorized to put him on trial?
Under the principle of universal jurisdiction, a national court has the authority to hear and decide the case regardless of whether it is against the interests of the country, the crime was committed on its territory, or the perpetrator is a citizen of that nation. The cornerstone of power is the universality of crimes against humanity, war crimes, and genocide, which when committed, are considered crimes against the international community.
Some countries have legally granted their courts the authority to try and prosecute those who commit these crimes, no matter where they are from or who they are committed against, including New Zealand, Canada, Spain and recently Germany tried several Iraqi and Syrian citizens on charges of membership in ISIS and committing core crimes. Moreover, the principles of universal sovereignty and international criminal law have not yet been domesticated by Iraq.
The Penal Code does not specify these international crimes, and the government does not have a law that specifically addresses this principle, despite the fact that they were stated in the Supreme Criminal Court legislation and the Ba'athist officials were tried on these allegations. Additionally, the Supreme Criminal Court Act was for a specific historical period, from 1968 until 2003, during the Ba'athist regime.
Although terrorist groups have existed and are expected to do so in Iraq and elsewhere, thus similar laws and regulations must be implemented here in order to restrict these offenses and reinforce their international status. Kurdistan Center for International Law under the project's framework (towards domesticating international criminal law in the Iraqi Kurdistan Region) is engaged in its activities in 2021 in order to prosecute individuals who commit war crimes, crimes against humanity, and genocide. In this regard, has launched dozens of training programs for judges, prosecutors and parliamentary members and advisors. Also, to establish a joint court to try perpetrators of the core crimes, KCIL submitted two draft laws to the parliaments of Kurdistan and Iraq. Also, in 2023 it has proposed a draft law to abandon core crimes in local courts and prosecute those who are charged with committing them, and give victims' associations official legal recognition.