One of the provisions under the Transitional Administrative Law's Bill of Rights is a to ensure equal treatment under the law and an independent judiciary to address grievances. The new Ministry of Justice will be responsible for the implementation of citizen's rights into the judiciary system.

Previously, the Iraq judicial system was similar to most Middle Eastern countries of the region. The courts were arranged into three general groups: civil, criminal and personal. Civil courts resolved business, real estate and non-criminal community issues. Criminal courts were responsible for illegal activities. Personal courts dealt with family law concerns, dealing with marriage, divorce, custody, endowments and inheritance issues.

The Ministry of Justice appointed judges. Most judges are selected from law college graduates who have worked as clerks or officers of the court. All judges career paths are determined by the Ministry of Justice including dismissals, promotions and transfers.

Iraqi lawyers are generally required to have graduated from a recognized law school or college. Upon graduation, some may be required to take a law association examination to become members of the Iraqi Lawyers Association. New members must complete a training program and obtain approval from the Head of the Lawyers Association before they are allowed to practice law in a court room.