The Iraqi Courts’ Approach to Protecting Human Rights

Abstract

This study analyzes the role of Iraqi courts in protecting human rights, focusing on the Federal Supreme Court, ordinary courts, and the administrative judiciary in safeguarding rights and freedoms guaranteed by the Iraqi Constitution of 2005 and relevant international human rights instruments ratified by Iraq. It addresses the central question of the extent to which Iraqi courts have effectively translated constitutional provisions on human rights into practical judicial protection. The findings indicate that the Iraqi judiciary serves as a key pillar in human rights protection. Ordinary courts contribute by ensuring fair trial guarantees and protecting individuals from arbitrariness, while administrative courts oversee the legality of administrative decisions and limit executive abuse. The study also highlights that Iraqi courts have reinforced essential legal principles such as the rule of law, equality before the judiciary, fair trial guarantees, and the protection of personal rights and public freedoms. The study concludes that improving human rights protection requires strengthening judicial independence, updating legislation in line with international standards, enhancing human rights training for judges, and ensuring effective enforcement of court decisions. It further recommends broader judicial interpretation to reinforce rights and align national jurisprudence with evolving international legal developments.