The Rights of Juveniles During Trial in Iraq
Abstract
The administration of justice in any legal system is based on implementing appropriate punishment. There is a tendency towards deviating from applying the rules of normal criminal procedures in treating juvenile offenders. The law requires that in dealing with a child, “the best interest of the child” should be considered, including appropriate social procedures from arrest until the determination of the case. The procedure is in line with the Islamic perspective on the rights and protection of children from birth to when they reach majority. The juvenile is subject to two procedures; one applicable to adults within the fundamental rights requirements and the second, applicable to juveniles requiring confidentiality in the trial process, which is guaranteed in both conventional and Islamic laws. Recent developments in Iraqi juvenile justice, such as the STRIVE Juvenile and the 2024 Proposal (recently enacted into law), to reduce the marriage age have profound implications for juvenile detainees and juvenile justice. In Iraq for instance, both the Criminal Procedure Code and the Juvenile Welfare Law make provisions in the best interest of the child in the trial proceedings. However, the Iraqi courts make exceptions in cases relating to juvenile recruitment into terrorism. This research examines the enforcement of guarantees in juvenile trials in cases of juveniles recruited into terrorism under the current development in Iraq and from the Islamic perspective. The methodology adopted is the doctrinal legal analysis with a case study approach to determine the court's adherence to the guarantees stipulated in the law in juvenile trials. This research found that the STRIVE juvenile project has a positive effect while the 2024 proposal to reduce the marital age limit for girls harms guarantees for juvenile justice. This research suggests a suspension of the 2024 proposal for marriageable age limit reduction with a contemporary Islamic view on protection for children. And a complete reliance on the Juvenile Welfare Law in handling juvenile’ cases. While at the same time enacting legislation or amending existing criminal laws to keep pace with technological advancements and novel and emerging issues.
Keywords: Juvenile, Guarantees, Shariah Perspective on Children, Legal System, Iraq.
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