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Punitive Policy Towards Social Protests in Iraq
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Mohammad Ali Haji Dehabadi1   , Salem Mohammad Naimeh2 |
1- Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, University of Qom, Qom, Iran.
2- PhD Student of Criminal Law and Criminology, Faculty of Law, University of Qom, Qom, Iran. |
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Abstract: (6 Views) |
| This study examines “Penal Policy toward Social Protests in Iraq.” It aims to shed light on the legal and political dilemma arising from the clear contradiction between the constitutional guarantee of the right to freedom of expression and peaceful demonstration, as stipulated in Article 38 of the Iraqi Constitution, and the practical reality marked by the extensive use of penal provisions and exceptional measures to address the ongoing popular movement. In this context, the study objectively analyzes the course and development of Iraqi criminal policy and provides a detailed review of the types of sanctions imposed on protesters. These range from the principal criminal penalties provided for in the Iraqi Penal Code No. 111 of 1969 and other relevant legislation, which have resulted in severe sentences such as life imprisonment, to digital penalties and precautionary measures, including curfews and electronic surveillance. The study finds that the current penal policy has, in many of its practical applications, departed from its declared philosophical objectives—such as deterrence and offender rehabilitation—and has instead tended toward implicit, repressive objectives aimed at silencing dissenting voices. This serious deviation has produced entirely counterproductive results, contributing to a widening gap of trust between citizens and state institutions, as well as increasing social tensions and incidents of violence. Accordingly, the study advances a number of legal recommendations. Chief among them are the adoption of a balanced criminal-law approach; the amendment of legislation containing vague terms susceptible to misuse; the reduction of reliance on custodial sentences; and the subjection of all security measures to strict judicial oversight. These recommendations seek to safeguard the rights of citizens and strengthen trust in state institutions, without turning the system of penalties and exceptional measures into systematic instruments for suppressing freedom of expression and undermining the right to peaceful assembly. |
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| Keywords: Criminal Policy, Freedom of Expression, Precautionary Measures, Iraqi Law. |
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Full-Text [PDF 730 kb]
(2 Downloads)
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Type of Study: Research |
Subject:
Special
Revised: 2026/08/27 | Accepted: 2026/09/24 | Published: 2026/09/24
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