Killing of women with honour and honour motive within the scope of criminal law (Turkey-Iraq comparative study)

The killing of women on the grounds of honor, dignity, or tradition is a commonly committed crime in both Turkey and Iraq. This crime, which is a product of a patriarchal social order, reflects a reality in which women are victimized solely due to their gender, and the perpetrators are typically male. In Turkey, the killing of women under the pretext of "honor, dignity, or tradition" is legally recognized as an aggravated crime, and offenders are punished at the upper limit of the sentencing range. However, the same cannot be said for the legal system in Iraq. In the Republic of Iraq, where patriarchal structures and the tribal system remain dominant, such killings are often evaluated under the scope of "severe provocation," which results in a reduction of the perpetrator's sentence. This study examines the crime of killing women on the grounds of honor, dignity, or tradition within the framework of Article 82 of the Turkish Penal Code No. 5237 and Articles 128, 407, and 409 of the Iraqi Penal Code No. 111. Furthermore, since the provisions of the Iraqi Penal Code bear similarities to those found in the former Turkish Penal Code No. 765, the old code will also be addressed. The transformation and progress achieved through the amendment of the Turkish Penal Code will be presented as a potential model for legal reform within the Iraqi legal system. Keywords: Premeditated killing, Femicide, Honor killing, Dignity killing, Tradition, Grave provocation.