Fact-finding committees and the possibility of holding criminals accountable internationally in Iraq: A study of legal mechanisms and practical challenges.
DOI:
https://doi.org/10.64184/ajlps.V2.I3.Y2025.P872-898.150Keywords:
Fact-finding committees, International accountability, Iraq, Parliamentary oversight, International criminal law, Universal jurisdictionAbstract
This study examines fact-finding committees and international accountability mechanisms for criminals in Iraq through legal and practical analysis. Since 2003, Iraq has established various truth-seeking and accountability mechanisms to address violations and crimes committed during different periods of its contemporary history, yet these mechanisms face significant challenges that limit their effectiveness. The research analyzes two main areas: parliamentary fact-finding committees in Iraq and possibilities for international accountability. The study reveals that while parliamentary committees possess extensive legal powers under the 2005 Constitution and Parliament’s Internal Rules, their effectiveness remains limited due to political interference, lack of binding implementation mechanisms, and insufficient technical expertise. Regarding international accountability, Iraq faces challenges due to non-ratification of the Rome Statute, absence of comprehensive international crimes legislation, and political obstacles to international cooperation. The methodology combines doctrinal legal analysis with empirical evaluation, examining cases such as the Mosul fall investigation, Iraqi High Criminal Court trials, and international prosecutions under universal jurisdiction. Key findings indicate a significant gap between intended objectives and practical implementation of both domestic and international accountability mechanisms. The study concludes with recommendations including amending Parliament’s Internal Rules to include binding follow-up mechanisms, developing competence-based committee membership standards, considering accession to the Rome Statute, and enacting comprehensive international crimes legislation.
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