Immunity for the head of the Iraqi state in accordance with the Iraqi constitution and international conventions

Those who deny it the immunity of the criminal responsibility of the presidents makes them bear responsibility for serious international crimes, and this is why the Iraqi constitution and the contemporary international community has proceeded rapidly on the path to establishing the international criminal justice system, which as long as it was just attempts that did not rise to what the states were seeking, especially in activating the responsibility of rulers and presidents. Which contradicts the principle of state sovereignty, but the events of the First World War proved that the international reality was completely contrary to the provisions of international laws and norms.

Based on the aforementioned, talk about the issue of the head of state’s immunity has attracted a great deal of attention in the Iraqi constitution and international conventions, and this matter is largely related to the development of the concept of protecting human rights, so the international community is no longer willing to overlook the evasion of those who commit these crimes. Punishment, whatever his official position in the state. From this study came to shed light on the types of immunities that the head of state possesses in the Iraqi constitution and international conventions and their justifications and legal basis in the Iraqi constitution and international covenants, that the attempt to search for legal means in the Iraqi constitution and international conventions to fight the phenomenon of impunity that has always impeded the development of the international judiciary Criminal, by evading the head of state from responsibility, obstructing the application of international sanction, and highlighting the extent to which it is possible to reconcile between the chiefs ’enjoyment of immunities that are indispensable in the field of international relations, and the possibility of trying and punishing him internationally in accordance with the Iraqi constitution and international covenants, based on the importance the subject acquires. The immunity of the head of state, and given the motives and reasons that drove us and helped us in researching this topic, given that there is no international agreement that regulates the issue of the presidents ’immunity from responsibility, the main goal behind choosing to research this topic is to call for the establishment of legal rules in accordance with the Iraqi constitution The international covenants regulate the issue of the heads of state enjoying immunities, which enable him to perform his duties well Internally and externally, we are trying to delve into the ambiguity surrounding this issue by urging states to conclude an international agreement that includes a set of clauses specifying the total of international rights and obligations that form the general framework for this immunity, that there are justifications to persuade the members of the international community of the necessity of an international criminal justice that would prosecute those who They commit serious international crimes and violate human rights without regard to their status and official status, highlighting the position of the International Criminal Court on the immunities enjoyed by the rulers and the importance of international cooperation among the people of the international community in spreading the culture of non-impunity and intensifying international efforts to combat it.

Based on the aforementioned, the usefulness of the research lies in the extent to which the immunities enjoyed by heads of state can be counted under the provisions of the Iraqi constitution, international law and national laws, and what is the fate of these immunities before the international criminal judiciary, and the extent of the possibility of finding a compromise formula between the justifications for the legal status of the head of state and the need to devote exceptions In a way that allows finding a compromise equation between granting him a set of immunities and not escaping punishment for international crimes, as the problem of this study lies in the novelty of the study of immunity for the head of the Iraqi state in accordance with the Iraqi constitution and international conventions. In light of the Iraqi constitution and the extent of its compatibility with international conventions, and thus addressing the deficiencies of legislation, reaching a better reality, relying on the descriptive and analytical approach by clarifying and analyzing the concepts related to the issue of immunity that the head of state enjoys in the Iraqi constitution as well as international conventions.