Transitional Administrative Law (Iraq)

2004–2006 provisional constitution of Iraq

The Law of Administration for the State of Iraq for the Transitional Period (Arabic: قانون إدارة الدولة للفترة الانتقالية), also called the Transitional Administrative Law or TAL, was Iraq's provisional constitution following the 2003 Iraq War. It was signed on March 8, 2004 by the Iraqi Governing Council.[1] It came into effect on June 28, 2004 following the official transfer of power from the Coalition Provisional Authority (a division of the United States Department of Defense) to a sovereign Iraqi government. The law remained in effect until the formation of the government in May 2006, when it was superseded by the permanent constitution that had been approved by referendum on October 15, 2005.

The TAL was principally drafted by a ten-man committee appointed by the Bush Administration with advice from the United States and United Nations personnel.

## Preamble and articles

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The preamble begins:

> The people of Iraq, striving to reclaim their freedom, which was usurped by the previous tyrannical regime, rejecting violence and coercion in all their forms, and particularly when used as instruments of governance, have determined that they shall hereafter remain a free people governed under the rule of law.

And contains further,

> ...affirming today their respect for international law, ... working to reclaim their legitimate place among nations,... have endeavored at the same time to preserve the unity of their homeland.

Article 2 provides for an Annex to this document, which was issued by the interim Governing Council on 1 June 2004, before the beginning of the transitional period. The Annex forms an integral part of this Law, and for the most part clarifies aspects of the transitional and interim administration.

## Rights

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Supporters lauded the constitution's guarantees of "fundamental rights":

* equality before the law (Article 12), guaranteeing the equality of all without regard to "gender, sect, opinion, belief, nationality, religion, or origin";
* freedom of religion, though Islam is stated as the state's official religion and is to be considered a source of legislation;
* freedom of speech;
* freedom of the press;
* right to privacy;
* right to a "fair, speedy, and open trial" for all accused of crimes;
* no unlawful arrest or detention;
* torture and cruel and unusual punishment are banned "under all circumstances";
* right to private property is protected.

A lengthy provision emphasizes that police, investigators, or other governmental authorities may not violate the "sanctity of private residences."

Iraqis are also guaranteed the right to "education, health care, and social security." The right to possess, bear, buy, or sell arms is subject to "licensure issued in accordance with the law."

The right to citizenship is detailed and prominent within the chapter on fundamental rights. Eight provisions govern who is and isn't a citizen. Any Iraqi whose citizenship was withdrawn for political, religious, racial, or sectarian reasons has the right to reclaim his Iraqi citizenship, and each Iraqi is guaranteed the right to carry more than one citizenship. Revolutionary Command Council Decree 666, which in 1980 banned citizenship in Iraq for Ajam, Iraqis of Persian origin, is explicitly annulled.

Part of the Law of Administration's explicit rejection of Iraq's former racist policy (also explicitly referenced) is embodied in the wording "The federal system shall be based upon geographic and historical realities and the separation of powers, and not upon origin, race, ethnicity, nationality, or confession."

The Law stipulates that both Arabic and Kurdish be the official languages of Iraq.

## Political structure

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The constitution provides for a transitional National Assembly, elected on January 30, 2005.

The government under the Transitional Law is a democratic republic, with three separate branches of government.

The elected National Assembly is a unicameral legislature with 275 elected members. Members selected a President of the Assembly, who serves as a non-voting speaker, and two deputies. The Assembly is the chief lawmaking organ, and is required to propose and pass bills in order to make law for the country.

The Assembly also elected a President of State who along with two deputies formed a Presidency Council to "represent the sovereignty of Iraq and oversee the higher affairs of the country." The council represents the executive branch of government and has the right to veto laws passed by the Assembly. The Assembly can then over-rule the Council with a two-thirds majority vote.

The Presidency Council appoints the Prime Minister of Iraq and cabinet (Council of Ministers of Iraq), all who must be approved by the Assembly. The Prime Minister and his cabinet exercise most of the day-to-day runnings of government, including control over the armed forces. The Assembly has a right to remove the Prime Minister with a vote of no confidence.

## Transitional period

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The Transitional Administrative Law spelled out the steps to be taken after the transfer of sovereignty to the writing and enactment of a permanent constitution.

Article 2 stated that elections for the National Assembly should take place no later than January 31, 2005.

Article 61 stated that the Assembly should write a permanent constitution by no later than 15 August 2005. The draft permanent constitution would be presented in a referendum to the Iraqi people by 15 October 2005.

According to the TAL, the permanent constitution would be adopted if a majority of Iraqi voters approve it, and no more than 2/3 of the voters in any three governorates disapprove it. This provision was criticized by Ayatollah Al-Sistani on the grounds that it could lead to civil war if voters in the three majority Sunni Muslim governorates reject it.

Article 61 also provided for an extension to the constitution drafting process for up to six months. If the constitution were to be rejected or if the National Assembly failed to come to agreement, the National Assembly was to be dissolved and new elections were to be held.

## Judiciary

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Local court justices are appointed by local governments and their "juridical councils", the Supreme Court being appointed by the Federal Government. The Supreme Court has nine members and possesses the ability to overturn legislation it finds unconstitutional.

The constitution also establishes several "National Commissions" to investigate and address recent concerns such as human rights and war crimes.

## Kurdistan and local government

[edit]

The transitional constitution recognizes the current government of Iraqi Kurdistan as the legitimate government of the Kurds, and allows it to continue to exist within the new federal state.

Iraq elected Governors and Governorate councils for each of its 18 governorates, as well as elected mayors and city councils for each city. Elections were held at the same time as National Assembly elections.

## Role of Shariah

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Shariah is addressed in two ways:

1. "Islam is the official religion of the State and is to be considered a source of legislation." But decisions according to Shariah may not abrogate articles or guarantees:
2. "Any legal provision that conflicts with this Law is null and void." Thus the Law of Administration circumscribes Shariah.

## De-Ba'athification

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Main article: De-Ba'athification

Former Ba'ath Party members who want to run for office are required to sign documents explicitly denouncing the party and denying they possess any continuing ties to the organization or its principles.

## Revenue from oil

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The natural resources of Iraq are explicitly declared to belong to all the people of all the regions and governorates of Iraq. Their management is required to involve consultation with the governments of the regions and the administrations of the governorates. Revenue resulting from their sale through the national budget is required to be distributed in an equitable manner proportional to the distribution of population throughout the country, and with "due regard for areas that were unjustly deprived of these revenues by the previous regime."

## Enforcement of Coalition-created laws

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Section A of Article 26 of the Law of Administration reads:

> Except as otherwise provided in this Law, the laws in force in Iraq on 30 June 2004 shall remain in effect unless and until rescinded or amended by the Iraqi Transitional Government in accordance with this Law.

This appears to permit the Transitional Government to modify coalition legislation or parts of the Law of Administration "by a three-fourths majority of the members of the National Assembly and the unanimous approval of the Presidency Council". The Transitional Government, however, may not change the transitional period or remove human rights, nor may they delay the next elections by more than six months.

Significantly, the elected Transitional Government is not bound by the clause in the Annex to the Law of Administration which prevented the appointed Interim Government from "taking any actions affecting Iraq's destiny beyond the limited interim period".

## References

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1. ^ L. Paul Bremer; Malcolm McConnell (2006). My Year in Iraq: The Struggle to Build a Future of Hope. Simon & Schuster. p. 307-308. ISBN 978-0-7432-7389-3.

## External links

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* International Center for Transitional Justice, Iraq
* Full translation into English
* Translation of Annex to the Law of Administration
* Iraq's transitional law under attack
* Full text of Iraqi Interim Constitution (1970–2004) translated to English

* v
* t
* e

Iraq War (2003–2011)

Beginning of the Iraqi conflict

Prelude

| Background|

| Pre-1990|

* 17 July Revolution
* Iranian Revolution
* 1979 Ba'ath Party Purge
* Iran–Iraq War
* British / U.S. support for Iraq
* Chemical attacks against Iran
* Anfal campaign
* Iran–Contra affair

|

1990–2003|

* Gulf War
* Invasion of Kuwait
* Nayirah testimony
* Sanctions against Iraq
* No-fly zones
* 1991 uprisings
* UNSCOM
* Arms-to-Iraq affair
* Oil-for-Food Programme
* Investigations
* September 11 attacks
* Aftermath
* War on terror
* 2001 anthrax attacks
* U.S. War in Afghanistan
* Invasion

Rationale|

* WMD claims
* Yellowcake uranium
* Aluminum tubes
* Biological weapons
* Chemical weapons
* "Curveball"
* Mobile weapon labs
* Saddam–al-Qaeda conspiracy theory
* Anthrax claims
* Prague
* Ricin claims
* Oil as a possible rationale

Issues|

* American imperialism
* Bush Doctrine
* Wolfowitz Doctrine
* Colin Powell's UN presentation
* Disarmament crisis
* UNMOVIC
* Failed peace initiatives
* Iraq resolution / UK parliament's support for invasion
* Iraqi–Kurdish conflict
* Legality
* Legitimacy of the invasion
* Media coverage
* Military analyst program
* Rapid response operation
* Saddam's alleged shredder
* Preemptive war
* Saddam Hussein and human rights

Dossiers
and memos|

* Habbush letter
* Downing Street memo
* September Dossier
* Vilnius letter
* Letter of the eight
* Bush–Blair 2003 memo
* February Dossier
* Bush–Aznar memo

Overview

| Key events|

* Invasion (2003)
* Occupation (2003–2011)
* Insurgency
* 2003–06 period
* Anbar campaign
* Fallujah
* Capture of Saddam Hussein
* Interrogation
* Trial
* Execution / Reactions
* 2006 al-Askari mosque bombing
* Civil war (2006–08)
* 2007 U.S. troop surge
* timeline
* U.S. withdrawal
* Status of forces agreement

|

Invasion
(2003)|

* Timeline
* Preparations for invasion
* Multi-National Force
* Battle of Nasiriyah
* Fall of Baghdad
* Battle of Debecka Pass
* Firdos Square statue
* Mission Accomplished speech
* US public opinion

Occupation
(2003–2011)|

* Occupation of Ramadi
* De-Ba'athification
* 100 Orders
* CPA Order 2
* CPA Order 17
* U.S. military bases
* Blackwater
* Reconstruction
* Development Fund
* Economic reform
* UNAMI
* Al Qa'qaa high explosives
* U.S. kill or capture strategy

| Replacement
governments|

* Coalition Provisional Authority
* Iraqi Governing Council
* Interim Government
* 2005 parliamentary elections
* Transitional Government
* Constitution
* Ratification

|

Participants

| Countries|

* Australia
* Ba'athist Iraq
* Denmark
* El Salvador
* Georgia
* Iran
* Italy
* Japan
* Poland
* South Korea
* Thailand
* Ukraine
* United Kingdom
* United States

|

Insurgent
groups|

| Sunni
groups|

* Islamic Army in Iraq
* 1920 Revolution Brigades
* Jaish al-Rashideen
* Islamic Front for the Iraqi Resistance
* Hamas of Iraq
* Jeish Muhammad
* Mujahideen Shura Council
* Islamic State of Iraq
* Al-Qaeda in Iraq
* Jaish al-Ta'ifa al-Mansurah
* Jama'at al-Tawhid wal-Jihad
* Jamaat Ansar al-Sunna
* Ansar al-Islam in Kurdistan
* Black Banner Organization
* Wakefulness and Holy War
* Abu Theeb's group
* Abu Bakr Al-Salafi Army
* Mujahideen Army

|

Shia
groups|

* Mahdi Army
* Abu Deraa's militia
* Badr Organization
* Islamic Supreme Council of Iraq
* Sheibani Network
* Soldiers of Heaven
* Asa'ib Ahl al-Haq
* Promised Day Brigade
* Kata'ib Hezbollah

Ba'ath
loyalists|

* Fedayeen Saddam
* Al-Awda
* Popular Army
* Al-Abud Network
* Army of the Men of the Naqshbandi Order
* Supreme Command for Jihad and Liberation

Battles and operations

| Operations|

| 2003|

* Ancient Babylon
* Catalyst
* Desert Scorpion
* Desert Thrust
* Falconer
* Iron Hammer
* Iron Justice
* Ivy Blizzard
* Northern Delay
* Airborne Dragon
* Panther Squeeze
* Peninsula Strike
* Planet X
* Capture of Saddam Hussein (Red Dawn)
* Telic

|

2004|

* Baton Rouge
* Bulldog Mammoth
* Iron Saber
* New Dawn (Al Fajr)
* Phantom Fury
* Phantom Linebacker
* Plymouth Rock
* Vigilant Resolve
* Warrior's Rage

2005|

* Cyclone
* Iron Hammer
* Matador
* New Market
* Spear (Romhe)
* Squeeze Play
* Steel Curtain

2006|

* Al Majid
* Gaugamela
* Iron Triangle
* Sinbad
* Swarmer
* Together Forward

2007|

* Alljah
* Arbead II
* Ardennes
* Black Eagle
* Commando Eagle
* Forsythe Park
* Imposing Law
* Leyte Gulf
* Marne Avalanche
* Marne Torch
* Mawtini
* Phantom Strike
* Phantom Thunder
* Saber Guardian
* Sledgehammer
* Stampede 3
* Tiger Hammer
* Valiant Guardian (Harris Ba'sil)

2008|

* Defeat Al Qaeda in the North
* Augurs of Prosperity
* Phantom Phoenix

2009–2011|

* New Dawn

Battles|

| 2003|

| Invasion|

* Umm Qasr
* Al Faw
* Basra I
* Nasiriyah
* Karbala I
* Haditha Dam
* Najaf I
* Samawah I
* Karbala II
* Al Kut
* Hillah
* Karbala Gap
* Debecka Pass
* Baghdad I

|

* Majar al-Kabir
* Ramadan Offensive

2004|

* Spring fighting
* Karbala City Hall
* Fallujah I
* Siege of Sadr City
* Ramadi I
* Good Friday ambush
* Baghdad International Airport
* Husaybah
* Danny Boy
* Najaf II
* CIMIC House
* Samarra
* Fallujah II
* Mosul

2005|

* Lake Tharthar
* Abu Ghraib
* Al-Qa'im
* Hit convoy
* Haditha
* Tal Afar

2006|

* Baghdad II
* Ramadi II
* Diwaniya
* Al Rumaythah
* Amarah
* Turki

2007|

* Haifa Street
* Karbala provincial HQ
* Najaf III
* Shurta Nasir
* Basra II
* Baqubah
* Route Bismarck
* Donkey Island
* Karbala III

2008|

* Spring fighting
* Iraqi Day of Ashura
* Nineveh
* Basra III
* Al-Qaeda offensive

2009–2011|

* Palm Grove (2010)

Related events|

* Turkish incursions into northern Iraq
* 2007
* 2008
* Abu Kamal raid

War crimes

| Occupation forces|

| Killings and
massacres|

* During the 2003 invasion
* U.S. killings of journalists
* Fallujah killings
* Killing of Nadhem Abdullah (2003)
* Murder of Muhamad Husain Kadir
* Mukaradeeb wedding party massacre (2004)
* Haifa Street helicopter incident (2005)
* Tal Afar shootings (2005)
* Basra prison incident (2005)
* Haditha massacre (2005)
* Mahmudiyah rape and killings (2006)
* Ishaqi massacre (2006)
* Baghdad detainee killings (2006)
* Hamdania incident (2006)
* Iraqi bodyguard killing (2006)
* Iron Triangle Murders (2006)
* Baghdad airstrike (2007)
* Nisour Square massacre (2007)
* Iraq War Logs (2010)

|

Chemical
weapons|

* Use of white phosphorus by the United States (2004–05)

Torture
and abuse|

* Abu Ghraib prison (2003–06)
* Camp Bucca (2003–09)
* Camp Nama (2003–04)
* Balad Air Base (2003–2011)
* Death of Nagem Hatab (2003)
* Killing of Baha Mousa (2003)
* Death of Abed Hamed Mowhoush (2003)
* Killing of Manadel al-Jamadi (2003)
* Death of Fashad Mohamed (2004)

§ Other killings
and bombings|

| 2003|

* Jordanian embassy
* Canal Hotel
* Imam Ali mosque bombing
* Baghdad October 2003

|

2004|

* Erbil 2004
* Ashura massacre
* Basra 2004
* Mosul 2004
* 2004 church bombings
* Baghdad bombings
* 14 September
* 30 September
* Karbala and Najaf bombings
* Baqubah 2004
* Kufa mosque bombing

2005|

* Al Hillah 2005
* Erbil 2005
* Musayyib bombing
* Baghdad bombings
* August
* September
* Balad 2005
* Khanaqin bombings

2006|

* Karbala and Ramadi
* Al-Askari mosque 2006
* Buratha mosque bombing
* Sadr City bombings
* July
* November
* Hayy Al-Jihad massacre

2007|

* Mustansiriya University
* Baghdad bombings
* 22 January
* 3 February
* 12 February
* 18 February
* 29 March
* 18 April
* 26 July
* 1 August
* Al Hillah 2007
* Tal Afar 2007
* Iraqi Parliament
* 2007 Karbala mosque bombings
* Massacres of Yazidis
* April massacre
* Qahtaniyah bombings
* Makhmour
* Abu Sayda
* Al-Askari mosque 2007
* Al-Khilani mosque bombing
* Amirli bombing
* Kirkuk 2007
* Al Amarah bombings

2008|

* Bagdad bombings
* February
* March
* June
* Balad 2008
* Karbala 2008
* Al-Karmah
* Dujail bombing
* Balad Ruz bombing
* Attacks on Christians in Mosul

2009|

* Bagdad bombings
* March
* 6 April
* June
* August
* October
* December
* Baghdad–Miqdadiyah
* Taza bombing
* Kirkuk 2009
* Tal Afar 2009

2010|

* Nationwide attacks
* 10 May
* 25 August
* Bagdad bombings
* January
* February
* April
* August
* September
* November
* Baqubah 2010
* Baghdad church massacre

2011|

* Nationwide attacks
* January
* August
* Bagdad bombings
* January
* August
* October
* Arba'een bombings
* Tikrit assault
* Al Hillah 2011
* Samarra bombing
* Al Diwaniyah bombing
* Taji bombings
* Karbala 2011
* Basra 2011

Other war crimes|

* Raid on Camp Ashraf (2011)
* Archaeological looting
* Chlorine bombings
* Torture by the Wolf Brigade (2004–2011)

Prosecution|

* United States and the International Criminal Court
* Hague Invasion Act
* Prosecution for the 2003 invasion
* Abtan v. Blackwater
* Hamdan v. Rumsfeld
* Saleh v. Bush
* Taguba Report

§ All attacks listed in this group were either committed by insurgents, or have unknown perpetrators

Impact

| General|

* Casualties
* Iraq Body Count
* Iraq Family Health Survey
* Lancet surveys
* ORB survey
* Damage to Baghdad
* Al-Aimmah Bridge disaster
* Human rights
* Humanitarian crisis
* 2007 cholera outbreak
* Financial cost
* Refugees
* Iraqi Christians
* Mandaeans
* Violence against Iraqi academics

|

Political
controversies|

* Post-invasion WMD conjecture
* Iraq scandal in Finland
* Dixie Chicks comments
* Plame affair
* Hood event
* Death of David Kelly
* Hutton Inquiry
* Kidnapping of Angelo dela Cruz
* 2004 document leak
* Al Jazeera bombing memo
* Scott Thomas Beauchamp controversy
* MoveOn.org ad controversy
* Six Days in Fallujah
* Role of Canada
* War resisters

| Investigations|

* Senate Report on WMD Intelligence
* Duelfer Report
* Chilcot Inquiry

|

Reactions|

| Pre-war|

* Pre-war international reactions
* Khuy Voyne!
* Saddam Hussein interview

|

* Views on the invasion
* U.S. public opinion
* Opposition
* Criticism
* United Nations
* Oprah's Anti-war series
* Iraqi map pendant
* Winter Soldier: Iraq & Afghanistan
* Photo Op
* A Responsible Plan to End the War in Iraq
* Bush shoe-throwing incident

Protests|

* Halloween 2002
* February 15, 2003
* March 20, 2003
* Bring Them Home Now Tour
* January 20, 2005
* September 24, 2005
* January 27, 2007
* March 17, 2007
* 2007 Port of Tacoma
* September 15, 2007
* March 19, 2008

Aftermath in Iraq|

* The rise of ISIL
* Insurgency (2011–13)
* War in Iraq (2013–17)
* War against ISIL (2014–present)
* U.S.-led intervention in Iraq (2014–2021)
* Insurgency (2017–present)

Miscellaneous

| Terminology|

* Axis of evil
* Outposts of tyranny
* "Baghdad Bob"
* "Chemical Ali"
* Coalition of the willing
* Dead checking
* Embedded journalism
* Freedom fries
* Friedman Unit
* "Mother of All Bombs"
* "Mrs. Anthrax"
* Old Europe and New Europe
* Regime change
* Shock and awe
* "Sixteen Words"
* "Smoking gun / mushroom cloud"
* Star Spangled Ice Cream
* Strategic reset
* "There are unknown unknowns"
* Triangle of Death
* "Yo, Blair"

| Critical|

* Global arrogance
* Inverted totalitarianism
* "The wrong war, at the wrong place, at the wrong time"

|

Memorials|

* Afghan–Iraqi Freedom Memorial (Salem, Oregon)
* Al-Shaheed Monument
* Iraq and Afghanistan Memorial (London)
* Northwood Gratitude and Honor Memorial
* Old North Memorial Garden
* Saving Iraqi Culture

Lists|

* Assassinations
* Aviation shootdowns and accidents
* Bombings
* Coalition military operations
* Documentaries
* Iraqi security forces fatality reports
* Most-wanted Iraqi playing cards
* Private contractor deaths

Timeline|

* 2003
* 2004
* 2005
* 2006
* 2007
* 2008
* 2009
* 2010
* 2011

Related

* Anti-Ballistic Missile Treaty
* Chelsea Manning
* CIA black sites
* Efforts to impeach George W. Bush
* "Enhanced interrogation techniques"
* Torture in the United States
* Extraordinary rendition
* Green Zone
* Guantanamo Bay detention camp
* Gulf of Tonkin incident
* Resolution
* Military–industrial complex
* Neoconservatism
* Patriot Act
* Petrodollar warfare theory
* Post-9/11
* Special Relationship
* The Iraq War: A Historiography of Wikipedia Changelogs
* Unilateralism
* Unitary executive theory
* U.S. foreign policy in the Middle East
* WikiLeaks
* Ba'ath Party archives

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