Combating human trafficking in Iraqi legislation No. (28) of 2012 and its overlap with other applicable laws

Abstract

This research examines the crime of human trafficking as one of the most serious forms of organized crime that threatens human rights and undermines human dignity and personal freedom. The study focuses on the provisions of the Iraqi Anti-Human Trafficking Law No. (28) of 2012 and explores its areas of overlap with other applicable legislation. The significance of the topic stems from the complex nature of this crime and its various forms, which often intersect with numerous legal provisions contained in the Iraqi Penal Code and other special laws related to the protection of individuals from exploitation.

The research adopts the analytical method in examining the legal provisions governing human trafficking, while also utilizing the descriptive method to explain the relevant legal concepts and jurisprudential opinions. In addition, the comparative method is employed when referring to international standards and legal frameworks related to combating human trafficking.

The study concludes that the Iraqi legislator has adopted a broad concept of human trafficking that is largely consistent with contemporary international approaches. However, the practical application of the law reveals the existence of legislative overlaps with the Iraqi Penal Code and other relevant laws, creating legal challenges concerning the proper legal characterization of criminal acts and the determination of the applicable legal provisions.

The research further finds that the Iraqi judiciary plays an important role in addressing legislative overlap through the application of the principle that a special law prevails over a general law and by interpreting legal provisions in a manner that ensures greater protection for victims. The study recommends the development of the Iraqi legislative framework by introducing clearer provisions to regulate cases of overlap between the Anti-Human Trafficking Law and other legislation, as well as strengthening legal protection mechanisms for victims and promoting consistency in judicial interpretations and applications of the law.