The State Of Emergency In Iraq And Its Impact On Civil Rights And Freedoms

Abstract

Abstract:

A state of emergency is one of the legal and exceptional mechanisms used by governments to address serious threats to state security, such as armed conflicts, security crises, or natural disasters. In Iraq, the National Safety Law No. 1 of 2004 regulates the provisions of the declaration of a state of emergency, which have been exercised at various times to address complex security challenges and combat terrorism. Although the Iraqi Constitution of 2005 included in its second chapter a wide range of fundamental rights and freedoms, the declaration of a state of emergency grants the executive authority broad powers that directly and tangibly affect the exercise of these rights, the most prominent of which are: Restriction of freedom of movement and residence:

The state of emergency ensures the imposition of curfews, restriction of movement between governorates or within cities, and the closure of borders or ports when necessary, limiting citizens' daily freedoms. The right to security of person and liberty: Emergency laws grant security agencies powers to arrest and detain and allow the establishment of exceptional detention centers without the direct need for routine judicial warrants in some cases, increasing the risk of arbitrary arrest and delays in bringing them to justice.

Freedoms of Expression and Peaceful Assembly: Demonstrations and public gatherings are subject to strict control or outright prohibition, in addition to the possibility of censorship of the media and communications for national security purposes. Inviolability of Homes and Private Property: Exceptional powers allow searches and raids of private homes and property based on security suspicions without going through full routine judicial procedures. To ensure that the state of emergency does not become an instrument of permanent restriction, the Iraqi constitution sets out restrictions and limitations that require the approval of the House of Representatives by a two-thirds majority to declare them for a period not exceeding 30 days, renewable with parliamentary approval. Human rights organizations always emphasize the need to strike a balance between protecting national security and not infringing on the inviolable substance of fundamental rights and freedoms.