| Information |  | |
Derechos | Equipo Nizkor
| ||
| Information | | |
Derechos | Equipo Nizkor
| ||
23Apr10
Information provided by Iraq on the scope and application of the principle of universal jurisdiction
Translated from Arabic
Permanent Mission of the Republic of Iraq to the United Nations
PRCL/2010/124
The Permanent Mission of the Republic of Iraq to the United Nations presents its compliments to the Secretary-General and, with reference to his communication LA/COD/59, dated 8 January 2010, has the honour to inform him of the scope and application of the principle of universal jurisdiction in Iraq, in accordance with General Assembly resolution 64/117, adopted on 16 December 2009.
The Penal Code of Iraq recognizes the principle of universal crimmal jurisdiction and refers to it by the term "comprehensive jurisdiction". Article 13 of the Penal Code, act No. Ill (1969), provides that, other than situations in which Iraqi law is applicable in accordance with territorial or specific jurisdiction, universal jurisdiction applies to any person present in Iraq, regardless of nationality, who has committed or has been an accessory to a crime abroad of sabotage or disruption of international means of communication and transportation, or of trafficking in women, children, slaves or drugs. The scope of universal jurisdiction is restricted to the aforementioned offences and does not extend to any other crimes.
Under Iraqi law, prosecution of offences that fall within the scope of universal jurisdiction requires the authorization of the Minister of Justice. The Penal Code, article 14, paragraph 1, provides that legal action may not be initiated against a person who has committed an offence outside the Republic without that authorization.
Pursuant to article 53, paragraph (b), of the Code of Criminal Procedure, law No. 23 (1971), the investigation of such crimes is conducted by an investigating magistrate appointed by the Chief of the Higher Judicial Council.
An offender may not be prosecuted if a definitive judgement of guilt or innocence has been pronounced by a foreign court, if a sentence has been served in full or if the conviction has been legally overturned. Issuance of a definitive judgement, cessation of prosecution and nullification of punishment are subject to the laws of the State that took such action. Pursuant to the Penal Code, article 14, paragraphs 1 and 2, legal action may be taken in the courts of the Republic of Iraq if the penalty for an offence that falls within the scope of universal jurisdiction has not been fully carried out or if the laws of the State in which the offence occurred do not criminalize that offence: Iraqi law does not require dual criminality in order to apply universal jurisdiction. Persons convicted of crimes that fall within the scope of universal jurisdiction are given credit for time served abroad, whether under arrest, in detention or in prison, for the crimes of which they have been convicted.
The Permanent Mission takes this opportunity to convey to the Secretary-General the assurances of its highest consideration.
[Source: Permanent Mission of the Republic of Iraq to the United Nations, New York, 23Apr10. Published by the Sixth Committee (Legal) of the General Assembly of the United Nations.]
International Criminal Law:
Country List | Home Page
This document has been published on 28Jan16 by the Equipo Nizkor and Derechos Human Rights. In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.
