“Organized crime is considered one of the most dangerous criminal phenomena threatening the national security of the Iraqi state in light of the political, economic, and security transformations after 2003. Its forms have expanded to include terrorism, human trafficking, drug trafficking, money laundering, oil smuggling, extortion, corruption networks, and transnational crimes. Given its severity, the Iraqi state has sought to establish a comprehensive legal framework to confront it, based on the Constitution, the Penal Code, special legislation, and international conventions. This article analyzes the national legal framework, highlighting its strengths and shortcomings, and assessing the extent of its compliance with international requirements for combating organized crime.
First: The Constitutional Framework for Combating Organized Crime
The Iraqi Constitution (2005) established the general foundation for combating organized crime through provisions that emphasize:
1- Protection of Internal Security: Provided for in Article (7), which prohibits entities that adopt violence, terrorism, or extremism, and Article (9/First), which regulates the security forces to ensure the state’s monopoly over arms and to prevent formations outside the law.
2- Protection of Rights and Freedoms: Provided for in Articles (14–37), which safeguard the right to life, security, privacy, property, and freedom of movement—rights that are directly violated by organized crime.
3- The State’s Obligations in Combating Crime: Provided for in Article (8), which commits Iraq to international conventions, including the 2000 Palermo Convention against Transnational Organized Crime.
Thus, the Constitution provides the general legitimate framework and obliges the authorities to enact special laws to combat this type of crime.
Second: The National Legislative Framework (Penal Code and Special Laws)
1-Penal Code No. 111 of 1969 (as amended): Despite the law’s age, it contains provisions that establish punishment for forms of organized crime.
Articles (48–53): Regulate liability for participation in crime (perpetrator, accomplice, instigator, accessory), which are important in addressing gang activities.
Article (89): Increases the penalty when the crime is committed by an organized group.
Articles (190–194): Criminalize illegal formations and armed gangs.
Articles (452–456): Address theft, robbery, and banditry, which are crimes often committed by organized groups.
However, the nature of modern organized crime requires more specialized legislation.
2- The Anti-Narcotics Law No. 50 of 2017: This law imposes stricter penalties on drug trafficking networks and is considered one of the most important contemporary legislations. Article (28): Life imprisonment or temporary imprisonment for trafficking or promotion. Article (31): The death penalty in cases of participation in an organized gang.
3- The Anti-Money Laundering and Counter-Terrorism Financing Law No. 39 of 2015: This law represents one of the most significant legislations in combating financial crime. Article (3): Defines money laundering as an organized crime of a transnational nature. Article (7): Establishes the Anti-Money Laundering and Counter-Terrorism Financing Office. Article (27): Criminalizes the concealment or transfer of funds derived from criminal activities.
Its implementation is consistent with the recommendations of the Financial Action Task Force (FATF).
4- The Anti-Terrorism Law No. 13 of 2005: Despite its security-oriented nature, it also covers crimes committed by organized networks.
Article (1): Defines terrorist organizations as organized groups.
Article (2): Criminalizes membership in groups engaged in murder, kidnapping, bombing, and extortion.
5- The Anti-Human Trafficking Law No. 28 of 2012: One of the most important laws consistent with the Palermo Convention.
Article (5): Imposes a penalty of no less than 15 years for anyone who establishes or manages a trafficking network.
Article (6): Increases the penalty to death in cases involving death or the exploitation of a minor.
Penalties may reach life imprisonment for organized smuggling.
Third: Institutional Mechanisms for Combating Organized Crime
1- Ministry of Interior – Directorate of Organized Crime Combat: Responsible for investigation, monitoring, and special operations. Its mandate includes drugs, human trafficking, cyber extortion, and smuggling.
2- National Security Agency: Focuses on crime networks linked to armed groups or transnational activities.
3- Integrity Commission and Board of Supreme Audit: Handle organized crimes of a financial nature and administrative corruption.
4- Anti-Money Laundering and Counter-Terrorism Financing Office: Monitors financial transfers and applies international standards.
Fourth: The Elements of Organized Crime under Iraqi Law and International Standards
Organized crime is based on two elements:
1- The Material Element: Involves the presence of more than two persons (an organized criminal group) who divide roles (financing – execution – planning – protection) and employ unlawful means such as violence, corruption, threats, and smuggling.
2- The Moral Element: Embodied in general criminal intent (the offenders’ awareness of the nature of their act) and specific intent (to achieve illicit profit, influence, or control).
