Baghdad, Iraq- On Thursday, Iraqi courts reaffirmed their commitment to enforcing the General Amnesty Law, in alignment with the directives of the Supreme Judicial Council. This law, which grants amnesty for specific offenses, explicitly excludes individuals involved in terrorism, violent acts, and drug-related crimes from receiving any form of amnesty.
According to official documents, the Najaf Criminal Court confirmed its application of General Amnesty Law No. 27 of 2016 (second amendment), which came into effect on January 21, 2025. The court emphasized that it would adhere to the instructions issued by the Supreme Judicial Council, underlining the importance of enforcing these directives at the criminal court level. Similarly, the Presidency of the Diwaniya Appeals Court has directed its implementation of the second amendment to the law based on these provisions.
Despite political tensions surrounding the law, particularly after the Federal Court’s decision to suspend the implementation of several controversial laws, including the Amnesty Law, the judiciary is determined to move forward. The Federal Court’s February 4 decision to suspend the law sparked a wave of political unrest. However, Iraq’s Supreme Judicial Council, in a ruling on Wednesday, clarified that laws passed by parliament cannot be suspended before they are officially published in the government gazette. The Council argued that the Federal Court’s ruling lacked legal grounds, particularly since it targeted laws that were non-enforceable at the time. The Council reiterated that Iraqi courts are bound to implement the amended General Amnesty Law.
The Federal Court, however, maintains that its rulings, including any injunctions, are “final and binding on all authorities,” referencing Article 94 of Iraq’s 2005 Constitution. This dispute reflects the ongoing tensions between the judiciary and various branches of the government regarding the enforcement of legal provisions.
To ensure proper implementation, the judiciary has outlined detailed instructions. On Monday, it was decided that the Presidency of the Appeals Court would form central committees in each appellate region. These committees, composed of three first- or second-degree judges, are tasked with reviewing requests for reinvestigation and retrial under the provisions of Article 9, Section 1, of the Second Amendment to the Amnesty Law. These committees will handle cases originating from internal security or military courts within their jurisdiction.
The judiciary clarified that:
- Cases still under investigation or trial will be handled by the respective courts, which will determine the eligibility of the defendant for amnesty.
- Cases with non-final judgments or in absentia rulings will be reviewed by the original courts.
- Final judgments will be reviewed by the central committees formed for this purpose, and amnesty will only be granted once the decision becomes final.
- Requests for reinvestigation or retrial, even from criminal courts, will be reviewed by the central committee at the Presidency of the Appeals Court, and no decisions will be executed until they are final.
The ongoing legal debate highlights the complexity of implementing the General Amnesty Law, as political disagreements and judicial decisions continue to shape the future of the law’s enforcement.
