The Kurdistan Region’s legal system is based on the same model as the Iraqi legal system and the structure of the Kurdistan Regional court and judicial system closely follows that of the Iraqi Federal judiciary. Kurdish Decree No. 11 of August 1992 and the Kurdish Judicial Authority Law No. 44 of December 1992[1] (now superseded by Kurdish Law No. 23 of 2007) established the judiciary in the region as autonomous and independent of the Kurdistan Regional Government. The Courts pronounce judgment in the name of the people of Iraqi Kurdistan and have authority over all people, including the members of the Kurdistan Regional Government.
The Kurdistan Region Courts apply the laws made by the Kurdistan Parliament (formerly National Assembly of Kurdistan) since 1992; and the laws of Iraq as they existed as at 1991 unless subsequently repealed or amended by the Kurdistan Parliament. Save (at least in theory) for laws relating to the exclusive federal powers as listed in Article 110 of the 2005 Iraqi Constitution (which does not include personal status / family law or criminal law), post 1992 new legislation and amendments to existing legislation originating from Baghdad are not recognised as applicable in the Kurdistan Region of Iraq unless expressly endorsed by legislation of the Kurdistan Parliament. This includes the Coalition Provisional Authority orders issued during the occupation of 2003 / 2004[2]. The Kurdish Judicial Authority Law No. 44 of December 1992[3] (now contained in Kurdish Law No. 23 of 2007) also established a Cassation Court for the Kurdistan Region. At the next level down, there are appeal districts in Erbil, Dohuk and Suleiymaniye and below those Courts of Appeal are the 1stinstance / personal status courts. The Kurdish Judicial Council, headed by the Kurdish Chief Justice, is independent of the executive and independent of the Federal Iraqi Higher Judicial Council. Theoretically the Federal Supreme Court in Baghdad has authority to determine disputes between the Kurdistan Region and the Federal Government.
The Kurdish judiciary is in the process of establishing itself as a respected, independent force. A Kurdish Regional judicial training college was opened in 2012. The American Bar Association published a Judicial Reform Index for the Kurdistan Region in 2006 which did express some concerns about the independence of the judiciary but this was prior to implementation of Law No. 23 of 2007 which attempted to institutionalise independence from the executive. A more substantial practical problem is posed by the fact that the bulk of the legislation (including all of the old Iraqi Codes) are in Arabic rather than Kurdish – the everyday language of the Kurdish people.
[1]as amended by Law No. 2 of 1994
[2]despite the wording of Articles 26 and 54(B) of the 2004 Transitional Administrative Law
[3]as amended by Law No. 2 of 1994
Andrew Allen QC 