Iraq Penal Code (Law No. 111 of 1969)

The Iraq Penal Code (Law No. 111 of 1969) was adopted by the Revolutionary Command Council of Iraq under the Ba’athist regime. The Iraqi Judiciary is responsible for interpreting and enforcing the Penal Code. The Ministry of Justice: Oversees juvenile detention facilities and legal representation for minors.

The Penal Code is the primary legal framework for criminal law in Iraq. It defines crimes, offenses, and corresponding penalties, including those involving or affecting children. Notably, the law sets the minimum age of criminal responsibility at 9 years, below which children are deemed incapable of committing criminal acts. For minors aged 9 to 18, the law provides for differentiated treatment, including reduced sentences and rehabilitation-focused measures. Articles addressing offenses such as physical abuse, sexual exploitation, trafficking, and child labor demonstrate an effort to safeguard children’s rights. Enacted in 1969 during a period of legal modernization under the Ba’athist regime, the Penal Code sought to establish a unified legal system for Iraq. It reflects the socio-political priorities of the time, including the centralization of authority and the codification of laws to address a wide range of social and criminal issues.

The Penal Code addresses a wide range of offenses against children, providing a legal basis for protecting their rights in diverse contexts. This includes provisions criminalizing child trafficking and sexual exploitation, particularly in post-conflict Iraq, where these issues are prevalent. Moreover,  deep-rooted social norms often prevent effective implementation of laws addressing child abuse and exploitation, with many cases going unreported. The establishment of 9 years as the minimum age of criminal responsibility, and reduced sentences and alternatives to incarceration, promoting rehabilitation and reintegration for those aged 9-18, marked an early effort to align with international norms of juvenile justice. However, setting the age at 9 years has largely drawn criticism for being inconsistent with international standards, such as the Convention on the Rights of the Child (CRC), which recommends higher ages. Enforcement of provisions protecting children remains inconsistent, particularly in rural and conflict-affected areas. A 2021 UNICEF report revealed that 70% of children in detention did not receive adequate legal representation.[1]

The Iraq Penal Code (Law No. 111 of 1969) represents a foundational legal instrument for addressing crimes involving or affecting children. While its provisions for child protection and juvenile justice reflect a commitment to safeguarding children’s rights, the low minimum age of criminal responsibility and inconsistent enforcement have limited its effectiveness. UNICEF data indicates that over 1,200 children were detained in Iraq in 2022, many for minor offenses, highlighting the need for greater emphasis on alternatives to detention.[2] Additionally, cultural and systemic barriers continue to hinder the reporting and prosecution of crimes against children, particularly in areas affected by displacement and conflict.

[1] UNICEF Iraq. “Access to Justice for Children in Iraq.” (2021).

[2] UNICEF. “State of the World’s Children 2022: Children in Conflict with the Law.” Available at: https://www.unicef.org/sowc