Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Section D. Political offence exception to extradition
Iraq’s Constitution (2006) states: “A law shall regulate the right of political asylum in Iraq. No political refugee shall be surrendered to a foreign entity or returned forcibly to the country from which he fled.”
In 2012, in its initial report to the Committee on the Rights of the Child under the Optional Protocol on the Involvement of Children in Armed Conflict, Iraq stated:
Accused persons may be extradited to a requesting State in the event that an extradition treaty between the requesting State and the Government of the Republic of Iraq is in force, in accordance with the Code of Criminal Procedure (Act No. 23 of 1971) which prohibits extradition for political or military offences.