المستخلص: |
The British occupation of Iraq occurred at the beginning of the twentieth century after it was under Ottoman control of a period of time. The occupation administration has organized legal life and the operation of the courts in a manner appropriate to the administration of the occupation, After taking control of Basra and claimed the escape of government employee, especially employees of judicial institutions. To avoid the application of the Hague Convention of 1907 in Article (43) which stipulated that: - (If the authority of the legitimate power is effectively transferred to the hand of the occupying power, the latter shall, to the extent possible, achieve and ensure security and public order, respecting the laws in force in the country, except in cases of extreme necessity). The occupation authority wanted to evade the application of this article and called for the escape of legal officers and the loss of court records to issue laws that suit them and to restore work in the courts and judicial institutions as they wish, And after the occupation of the first area in Iraq summoned its advisers and legal staff who accompanied the campaign and those in their colonies, especially in India and formed the legal committees to prepare laws and establish courts to work in order to maintain security and calm the situation and the first work done by these committees is the preparation of a law called (The Iraqi occupied Territories code 1915). This law, which contained six sections, included sixty-three items in which the powers of judicial offices and persons included in this law were determined, This law draws most of its articles from the civil and criminal laws applied in India and the Ottoman laws and want to apply them in Iraq, but the interface of the occupation administration is difficult for the difference between the Iraqi and Indian communities.
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