The shifting landscape of Iraq’s judiciary: increased judicial activism, centralisation and politicisation after 2017

This paper examines the evolution of Iraq’s judicial system after 2003, focusing on the increasing centralisation of judicial power and the rise of judicial activism. Following the fall of Saddam Hussein, the judiciary has become progressively insulated from criticism, with power concentrated within the Supreme Judicial Council (SJC). This consolidation has allowed the judiciary to expand its role beyond impartial justice administration, engaging more actively in political processes and increasing its susceptibility to political influence. The findings of this paper suggest that post-2003 judicial reforms, while ostensibly aimed at fostering judicial independence, have instead led to the creation of a judiciary that is often seen as playing a political role and serving the interests of the leading Shi’a political elite. This has worked to compromise its intended neutrality and poses a risk to the rule of law in Iraq.