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Criminalization 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: (26 Views) |
This study examines the subject of “Social Protests in Iraq,” aiming to address the complex legal and constitutional challenge of achieving a precise balance between protecting the inherent and legitimate right to freedom of expression and peaceful assembly—as clearly guaranteed by Article 38 of the 2005 Constitution of the Republic of Iraq—and the state’s stringent obligation to maintain public order and safeguard life and property against aggression. In this contentious context, the study conducts an in-depth analysis of criminal policy in both its legislative (enactment of laws) and judicial (interpretation and application) dimensions, reviewing the provisions of the Iraqi Penal Code No. 111 of 1969. The study highlights the focus of criminalization in two aspects: first, addressing the negative consequences resulting from protests, such as non-peaceful assaults on public and private property, the disruption of vital facilities, and breaches of public peace. Second, criminalizing arbitrary actions that prevent individuals from exercising their constitutional right to peaceful protest, such as the abuse of power and exceeding the limits of authority by public officials. The findings indicate that sound criminal policy should not punish the act of protesting itself, but rather the deviant criminal behavior accompanying it. The study emphasizes the paramount importance of a precise objective distinction between peaceful expression, accidental traditional crimes (such as rioting and vandalism), and organized violence of a terrorist nature, which requires specific criminal intent and a pre-existing organizational structure. Finally, the study advocates for the principle of “minimum criminalization” and enhancing the judiciary’s role in achieving proportionality and the individualization of punishment to ensure that broad criminal provisions are not transformed into repressive tools used to undermine constitutional rights and confiscate legitimate freedoms.
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| Keywords: Iraqi Penal Code, Freedom of Assembly, Counter-Terrorism, Public Order. |
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Full-Text [PDF 792 kb]
(8 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2026/08/28 | Revised: 2026/08/28 | Accepted: 2026/09/24 | Published: 2026/09/24
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