The Image of the Means of Reparation for Iraqi Transitional Justice Laws in International Reports and Research (A Descriptive Analytical Comparative Study)

Abstract

The Iraqi constitution of 2005 guaranteed human rights and
public freedoms for its citizens, as the stage after the fall of the
dictatorial regime after 2003 committed that the bill of human rights
should be an integral part of this modern constitution, and among the
rights that the Iraqi constitution sought to achieve in that time era is
to seek to return those rights that were violated through the trials
which happened precisely between the years 2005-2008, as well as
what was caused by the terrorist organization Daesh during The
occupation of a number of Iraqi provinces in 2014.
Therefore, the Constitution and the Iraqi state have sought to
establish appropriate mechanisms to guarantee these rights and
freedoms by creating a number of institutions whose work is related
to human rights, including the Ministry of human rights, the Ministry
of migration and displaced persons, the High Commission for Human
Rights in Iraq, transitional justice institutions (Martyrs Foundation,
political prisoners Foundation) and other government institutions that
have taken care of the category of women, children, youth, juveniles,
people with special needs, victims of terrorism and military
operations, and perhaps the Iraqi legislator has quoted these lofty
principles in caring for these rights from The principles of Islamic
Sharia and the principles of international law, where the violation of
any obligation necessitates the need to repair the damage
appropriately, what are the means used by the Iraqi legislator to
mitigate or repair the damage in a manner consistent with legislation
and international conventions. Based on the constitutional texts, the Iraqi legislature has
committed to legislating a number of laws that compensate, redress
and rehabilitate those whose rights were violated, whether for the
period preceding the political change in 2003 or after, including the
law of political dismissals No. 24 of 2005 as amended, the laws of the
Martyrs Foundation No. 3 of 2006 and (2) of 2016, the law of the
institution of political prisoners No. 4 of 2006 and the law of
compensation of those affected by military operations, military
mistakes and terrorist operations No. 20 of 2009 as amended and the
law on compensation of the property of those affected by the defunct
law No. 16 of 2010 and the law of the property disputes resolution
authority No. 2 of 2006 repealed, which It was replaced by Law No.
13 of 2010, and the latest law was Law No. 8 of 2021, the law of
Yazidi survivors, where we will address in our research the reference
to the method adopted by the legislator in reparation for damage by
reviewing samples of these legislations by studying the description,
analysis and comparison with the Libyan legislation due to the link
between the two countries (i.e. Iraq and Libya).