The independence of the national judiciary between international law and human rights


  • Khudair Abbas Hadi Al-Aidi Researcher/ Faculty of Law at Qom State University
  • Hassanein Jassim Kazem Al-Khafaji Researcher / Faculty of Law at Qom State University
  • Mustafa Fadayli Department of International and Public Law Faculty of Law, Qom State University


National judiciary, international law, human rights, independence


Human rights exist with the existence of man, and these rights, including the basic ones for him, are not possible, whether the right to life, the right to freedom, the right to equality, democracy, and other human rights. Positive laws and legislation are those rights that existed, some of which are related to the existence of man, and then came positive legislation to regulate what concerns human rights in international conventions and covenants, and there became international organizations concerned with human rights, regardless of the date these organizations or covenants began, whose texts were deficient Especially since it was developed during periods when the world was going through a lot of hardships, wars and hunger, so these charters and declarations were of special sizes, unfortunately, but these rights have what is protected within the internal system of each country, whether legislatively through the constitution and laws or through the judiciary that protects human rights From this point of view, it is not possible to interfere in the internal affairs of the country if it has an independent judiciary established according to its constitution, in addition to that the international covenants stress the principle of the independence of the judiciary and non-interference in it and from this standpoint there must be no contradiction between what is contained in those covenants and what You aspire to him to intervene in the internal affairs of the country, especially in the field of the judiciary, and in order to shed light on this aspect, so our study shows whether international laws and conventions concerned with human rights have the right to intervene in the protection of human rights that are among the concerns and sovereignty of the state, including the judiciary or It does not have the right to interfere in the internal affairs of the most important institutions, including the judiciary in Iraq