Extradition Between International Obligation and Constitutional Restrictions
DOI:
https://doi.org/10.64184/ajlps.V3.I2.Y2026.P951-979.437Keywords:
-Extradition - extradition treaties - judicial assistance - political crime - international cooperationAbstract
This research aims to study the mechanism of extradition of criminals between international obligations and constitutional restrictions in Iraqi law, through an analysis of the conceptual framework and the legal foundations that regulate it, with a statement of the conditions, obstacles and judicial oversight associated with it. The research adopted the legal analytical approach, relying on Iraqi legislative sources (such as the Iraqi Constitution of 2005 and the amended Criminal Procedure Law No. 23 of 1971), international treaties (such as the United Nations Convention against Transnational Organized Crime), in addition to relevant jurisprudential and judicial studies. The first section of the research addresses the conceptual framework and legal basis for extradition in Iraq. The first subsection legally defines extradition as a procedure ordered by the judiciary to hand over a criminal to another country at its request for trial or execution of a sentence. The second subsection clarifies the main legal sources, such as the Constitution, penal laws, and ratified international treaties. The second section will address the procedures regulating extradition requests. The first subsection explains how to submit an extradition request and the legal controls that govern it, while the second subsection examines the mechanism used in implementing the extradition process and the related procedures that ensure its completion in accordance with legal provisions. The third section addresses the conditions of extradition and judicial assistance. The first subsection details the basic conditions (such as dual criminal offenses and the appropriate penalty) and the impediments (such as Iraqi nationality or political and military crimes). Emphasizing its importance in achieving a balance between sovereignty and international cooperation, the second section discusses judicial delegation by outlining the parameters established by the Iraqi legislator. The research concludes with the necessity of developing unified Iraqi legislation that reconciles international obligations with constitutional protection, along with recommendations to strengthen judicial oversight and train legal personnel to facilitate procedures.
References
Sources and references
First/ Books:
1. Jundi Abdul Malik, The Criminal Encyclopedia, Lebanon, Beirut, Dar Al-Ilm Lil Jami', Vol. (2(.
2. Abdul Amir Hassan Al-Junaih, Extradition of Criminals in Iraq, Iraq, Baghdad, Iraqi Foundation for Advertising and Printing, 1988.
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4. Fadl Adam Fadl Al-Masiri, Judicial Delegation in Civil and Commercial Matters, A Comparative Study, Dar Al-Nahda Al-Arabiya, Cairo, 2005.
Second/ Research Papers:
1. Adwa Muhammad Al-Muhammad, International Agreements in Light of Extradition, Research published in the Scientific Journal of Public Policy and Development Studies, Egyptian Union for Development Policies and Social Protection, Cairo, Arab Republic of Egypt.
2. Ibtisam Bou Ma'za, The Extradition System and its Role in Achieving International Cooperation to Combat Corruption in Algeria According to the United Nations Convention against Corruption, Journal of Sharia and Economics, Prince Abdul Qadir University for Islamic Sciences, Faculty of Sharia and Economics Constantine, Algeria, Volume 8, Issue 15, 2019.
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16. Saud Jassim Al-Marzouqi, International Cooperation in Combating Cybercrime (Convention Budapest and the Role of the State of Qatar, International Journal of Humanities and Social Sciences, Faculty of Humanities and Social Sciences, Issue 69, Beirut, Lebanon, 2025.
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Third/ Theses and Dissertations:
1- Tabarak Nasser Azzouz Mohammed Al-Zamili, Dual Criminalization within the Framework of the Extradition System (A Comparative Study), Master's Thesis, Al-Qadisiyah University, College of Law, 2019.
2- Saleh Abdullah Mohammed Rashid Al-Ward, Judicial Delegation in the Qatari Criminal Procedure Law (A Comparative Study), Master's Thesis, Qatar University, College of Law, Qatar, 2017.
3- Lahmar Fafa, Extradition Procedures in Algerian Legislation in Light of International Conventions, Master's Thesis, University of Oran, Faculty of Law and Political Science, Algeria, 2014.
4- Yasser Mohammed Al-Jabour, Extradition or Presentation of Criminals in International Conventions and the Rome Statute of the International Criminal Court, Master's Thesis, Middle East University, Faculty of Law, Department of Public Law, 2011.
Fourth/ Legislation and Laws:
1- Constitution of the Republic of Iraq of 2005.
2- Code of Criminal Procedure No. 23 of 1971, as amended.
3- Law Ratifying the Arab Convention for Combating Terrorism And its amendment No. (35) of 2008, published in the Iraqi Gazette, Issue No. 4104, January 5, 2009.
Fifth/ International and Judicial Decisions:
a. Federal Court of Cassation Decision No. 118/Extended Criminal Panel/2019, dated March 27, 2019.
b. United Nations Office on Drugs and Crime, Legislative Guidelines for the Implementation of the United Nations Convention against Transnational Organized Crime and its Protocols, United Nations, New York, 2004.
Sixth/ Websites:
1- Judge Hanaa Ali Al-Fayyad, "The File of Extraditing Fugitives: 542 Corruption Cases Against Defendants Abroad, and Countries Do Not Cooperate," an article published on (June 2, 2019) at the following link: https://www.mawazin.net/Details.aspx?jimare=49321
2- Habib Al-Quraishi, an article published on (January 2, 2025) at the following link: https://aljeebal.com/posts/2779
3- Riyadh Hani Bahar, "The Importance of Bilateral Agreements for the Extradition of Internationally Wanted Persons," an article published on (November 23, 2011) on the Civil Dialogue website, via the following link: https://m.ahewar.org/s.asp?aid=284612&r=0
4- Majid Hawi Al-Rubaie, "Provisions for the Extradition of Criminals in International Law," an article published on (July 30, 2022) on the Civil Dialogue website, via the following link The following: https://ahewar.net/m/s.asp?aid=763733
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