The electronic transformation of the judiciary in Iraq and its impact on international standards of litigation rights

Abstract

efficient justice can no longer be achieved without integrating information and communication technologies into case management and judicial procedures. Technology does not merely enhance administrative efficiency; it also directly affects procedural guarantees by facilitating access to justice, expediting dispute resolution, and reducing litigation costs. The 2005 Iraqi Constitution guarantees the right to litigation and a fair trial, which requires that digital transformation strengthen rather than undermine these safeguards. At the international level, e-justice is closely linked to human rights standards, particularly those established in the International Covenant on Civil and Political Rights, which mandates a fair and public hearing before a competent, independent, and impartial tribunal within a reasonable time. Nevertheless, this transformation raises significant legal and judicial challenges, including data protection, the evidentiary value of electronic documents, the rights of defense, and the publicity of proceedings, necessitating legislative reforms that balance technological efficiency with constitutional guarantees .