IILHR’s work includes extensive participation in drafting more than 100 different analyses of legislative and constitutional issues for the Iraqi Council of Representatives and the Kurdistan Regional Parliament. IILHR has also provided commentary on approaches to a broad spectrum of issues, including constitutional review, gender law, Iraq’s human rights commission, social safety net development, freedom of expression and information, accountability, transitional justice, cultural heritage, and minority rights.
Legislative Considerations for Alternatives to the Imprisonment and Monetary Penalties Systems in Iraq
This memorandum examines the current state of the justice system in Iraq that is giving rise to the need for reconsideration of the existing system of penal sanctions. It provides background information for legislators on various non-custodial sanctions used in countries around the world and includes an overview of international standards relevant to the topic. Key comparative examples are provided from United Arab Emirates, Canada, Kenya, United Kingdom and Zimbabwe, among others. The paper concludes with an additional proposal to modernize the existing monetary penalty system in Iraq.
Analyzes and comments on the Federal Supreme Court draft law. Main areas of concern and comment include the delineation of too much power to one individual; and the need to clarify and further explain the process and mechanics of the court. Suggests adding several articles from the constitution to the preamble of the law. Provides article-by-article analysis.
Analyzes and comments on the Higher Judicial Council draft law. The main areas of concern and comment include the delineation of too much power into the hands of one individual; the mechanics of the law need to be expanded upon and clarified (nomination, election, and appointment); and the fact that two articles may be unconstitutional as written. Provides article-by-article analysis.
Provides a country-by-country analysis of constitutional courts. Provides analysis of the composition, qualifications, role/jurisdiction, president, and financial aspects of the constitutional courts of Romania, Poland, Afghanistan, and Spain.
Provides country-by-country analysis of Higher Judicial Councils (HJCs). Examines the composition of such bodies, the appointment process, the role/jurisdiction of HJCs, the president, and the financing. Compares HJCs in Spain, Italy, and Romania.