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Iraqi Judicial Reforms Include Removal of Chief Justice

Amendments and changes to laws on the books from the former Iraqi President Saddam Hussein regime and the American occupation are shaking up the Iraqi judicial system, reports Ali Abel Sadah.

Iraq's Supreme Court chief judge Midhat al-Mahmoud holds a news conference in Baghdad June 1, 2010. Iraq's Supreme Court certified the final results of a March 7 parliamentary election on Tuesday, an important step toward the formation of a new government.   REUTERS/Saad Shalash (IRAQ - Tags: ELECTIONS POLITICS) - RTR2EMDW
Iraq's Supreme Court chief judge Midhat al-Mahmoud holds a news conference in Baghdad June 1, 2010. — REUTERS/Saad Shalash

The changes sweeping across the Iraqi judiciary have reached long-serving Chief Justice Midhat al-Mahmoud. Despite the fact that Iraqi politicians who form the opposition to Prime Minister Nouri al-Maliki have stated that Mahmoud was deposed in accordance with the de-Baathification Law, the Judicial Council confirmed that new legislation passed by parliament mandates that the chief justice be replaced with a new judge.

In the beginning of 2013, parliament passed the Iraqi Federal Court Act, which bans the head of the Federal Supreme Court from also being the chief justice of the Judicial Council. According to the new law, the head of the Court of Cassation is now chief justice.

The Iraqi judiciary is comprised of the Court of Cassation, which ratifies the rulings of Iraqi judges and has final say in such matters, and the Federal Supreme Court, which rules on issues related to federalism and constitutionality.

Under the new law passed by parliament, the head of the Court of Cassation is now the chief justice of the Supreme Judicial Council, and the head of the Federal Supreme Court cannot hold any other position.

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