THE ROLE OF THE FEDERAL SUPREME COURT IN OVERSEEING THE HIGHER NATIONAL COMMISSION FOR ACCOUNTABILITY AND JUSTICE

Abstract

This research aims to study the constitutional and legal framework regulating the work of the Supreme National Commission for Accountability and Justice in Iraq, as one of the tools established after 2003 to achieve transitional justice and ensure that symbols of the former regime do not return to state institutions. The research addresses the origins of the commission’s establishment under the orders of the Coalition Provisional Authority, and the extent of the legitimacy of those orders in light of the provisions of international law regulating the occupation authorities, particularly Security Council Resolution No. 1483 of 2003. The research also addresses the constitutional and legal nature of the commission, demonstrating its independence and powers, while analyzing the legal status of its president according to its Law No. 10 of 2008..

      The study addressed the mechanisms for appealing the commission's decisions, highlighting the existing dispute over the competent authority to consider them between the Cassation Commission and the Federal Supreme Court. It also examined the impact of the commission's decisions on Iraqi state institutions and their repercussions on the political and administrative process. It also highlighted the most prominent problems faced by the Federal Supreme Court in exercising oversight over the commission, particularly the conflict between the requirements of transitional justice and the principles of constitutional justice..

     The research concluded with a set of findings, the most prominent of which are: the weak legal basis for the orders issued by the Coalition Provisional Authority, the ambiguity of the legal nature of the Commission, and the multiplicity of bodies competent to hear appeals, all of which negatively impacted the clarity of the Commission's constitutional status and performance. In light of this, the research recommended the necessity of reviewing the legislation regulating the Commission's work in a manner consistent with the Iraqi constitution, identifying a single judicial body to oversee its decisions, and strengthening the principles of transparency and accountability in its institutional performance, to ensure a balance between the requirements of transitional justice and the rule of law..