Journal of Juridical and Political Science

The Corona crisis has revived controversy and debate about the value and intellectual system on which institutions and practices are based in our contemporary world. A major review process has begun at the philosophical and intellectual level for the ideological and intellectual foundations, and for the structures and institutions that have been entrenched during the last decades. This crisis has shed light on the failure of globalization policies, and restored consideration The role of the state, as it brought to light the issue of national security and its concept, and strengthened the authority of states and governments at the expense of the rights of individuals and groups, and it seems that this review process may force a review of the content of many of the political concepts that have prevailed in recent decades.

Democratic regimes, after several experiments, have come to respect the existing legitimate authority, which took its legitimacy from the people’s election. The basis for the peaceful transfer of power represented a guarantee for the flourishing of democratic norms and traditions in them, because it ensured the achievement of justice among all the major influential political parties that wished to receive power through elections. The principle of peaceful transfer of power is the basic premise for the establishment of a just and equitable political system, through which the establishment of a constitutional state with three authorities independent of each other, a legislative authority that undertakes the tasks of oversight and legislation, a judicial authority with independent judicial power, and an executive authority fully accountable to the two authorities is achieved. Legislative and judicial.

Iraq has applied transitional justice to the transition from a dictatorial regime and its consequences to a democratic system, but what distinguishes the Iraqi case from other experiences of transitional justice is that it has codified some elements of this justice constitutionally, and this may differ from other experiences that are characterized by being temporary and ending with the end of the desired task. Iraq also succeeded in applying one element of transitional justice and over-applied it, but it did not complete the application of the other elements. Despite all that, the reparation that Iraq followed in dealing with the past’s pain for the victim made the latter move away a lot by thinking of revenge against the perpetrator.

The research is in the international dimensions of considering the marshes of Iraq an international protectorate. It is summarized in finding answers to a set of questions that are embodied in the nature of the Iraqi marshes as an international reserve on the one hand, and what distinguishes the international reserve from other legal systems. Finally the dimensions that result from considering it an international reserve within the World Heritage List. There are those who say that the term international protection appeared in the modern era, which requires a statement of the legislative basis for regulating protection for this internationally important phenomenon on the one hand; And nationally, through the statement of the legislative basis at the internal level in Iraq on the other hand, and then a statement of the conditions that must be met in the selection of the water body on the third hand. Where protection exists means preserving the existing by resorting to legitimate methods The protection of water bodies is not only a necessary condition for protecting the environment, but it is one of the basic keys to food security and all types of collective security such as health, economic and social or human development in general. We have decided in this research to show the importance that the Iraqi Marshes enjoy historically, nationally and internationally, which constituted a certain fact that imposes itself and strongly because it is considered an international protectorate, then logically that it entails international dimensions on the one hand and governmental and international obligations alike on the other hand, for this important international consideration that was not It comes out of nowhere. The marshes of Iraq have been lofty and ancient since the dawn of the first civilizations. Finally, the end did not end with the study of these dimensions; Rather, we are certain that there are certain challenges faced by the marshes in Iraq, which made us discuss them as well, and God bless.

International custom is one of the oldest sources of public international law, and it is credited with forming this law. However, it differs from international conventions as they are basic sources in that the latter is broader, clearer and more specific, while international custom is characterized by its ambiguity and breadth of comprehensiveness. Therefore, countries sought to codify the rules of international custom in written documents in the form of multilateral or legal international treaties. You find the broad scope of the obligation of these treaties in contravention of the principle of relativity of the effect of treaties. If it is possible to transform customary rules into convention rules, the opposite is also true. Convention rules can be transformed into customary rules by the abundance of text in the treaty documents and their frequent follow-up. You will find that the convention rule turns over time into a customary rule that states are bound by, whether they are parties to the treaty or not. This is certainly after the availability of the basic conditions that the international custom necessitates in its formation, which are the material pillar represented by the repeated behavior in adopting the agreement text, and the moral pillar represented by the mandatory belief towards this text.

Human rights and basic freedoms have been recognized for all individuals, young and old, through heavenly religions, charters, international declarations, and national legislation. As for the category of children, which represents the nation’s treasure and future, it is a continuation and flow of life. Therefore, we find that the international community has attached great importance to this group through Providing legal protection for its work and preventing its exploitation and obligating all states party to the relevant international conventions to take all necessary measures and means to reduce the phenomenon of child labor in dangerous or harmful activities such as working in mines or working under water or at great heights. So this study came to shed light on the most important legal means and procedures referred to in international conventions and national legislation, which contributed to the protection of children in the field of work they practice.

War crimes are among the ambiguous acts as a result of the recognition of their commission being linked to the will of the major countries in the international community. So, it is not easy to explain them, nor even to know the perpetrators, and thus it is difficult to impose international responsibility on them. Therefore, it is necessary to define the concept of international responsibility and its types, as well as the concept of war crimes and their types and the elements of war crimes. The researcher used the descriptive analytical method in order to fit the approach followed with the goal required to reach the research goal. Hence, the call for the development of international mechanisms to limit human rights violations, especially during armed conflicts, as states must be obligated to respect the provisions of the Geneva Conventions of 1949 in this regard.

Financial and administrative corruption leads to the violation of human rights directly or indirectly. Corruption can constitute a direct violation of human rights when the act of corruption is used intentionally to violate a right, or when some corrupted leaders in the state work to prevent certain individuals from enjoying one of their rights. Or it fails to act on an equal footing so as to provide individuals with the enjoyment of that right and deprive other individuals of it. Corruption, as the act of corruption is a necessary condition for the occurrence of the violation. Thus corruption undermines the confidence of individuals in the state and weakens their sense of national belonging due to the lack of enjoyment of their rights stipulated globally and constitutionally.

The state is the main person in public international law, and this personality is achieved by the meeting of three elements: the people, the region, and the political organization. However, it cannot conduct its diplomatic relations with states except through recognition. During the life of the state, circumstances may force it to borrow, but the state is not eternal but it is born. It evolves and sometimes disappears, so we will be faced with two cases of variables that affect the first state when changes occur without affecting its international character, and the second is the changes that occur to the state and lead to the demise of its international personality obligated by the loans towards others.

Human rights are among the highest levels of public order. The state seeks to ensure their protection and non-violation. Since satisfying the needs of individuals and providing them with the best services are among the priorities of the administration, the administrative organs that are concerned with this will have a permanent influence on those rights. They either contribute to their protection or to be a cause of violating those rights. After the functions and tasks of the modern state have been multiplied, it has become very difficult for all the needs of individuals to be satisfied by the central state authorities. Therefore, it was necessary to give a role to the decentralized local bodies to carry out the tasks of satisfying the needs of local individuals, as they are more capable than others to perform this role. As a result of this, administrative decentralization arose as a method or method of administrative organization

The research sought to show the most prominent forces influencing the formation of political culture in Iraqi society. The political culture suffered before 2003 AD to a great scaling by the political system, which was working to instill, a culture of submission and loyalty to the system, as well as the use of means of coercion to suppress any attempt to put forward ideas or Political practices aimed at participating in power. This led to a culture of submission and loyalty to the political system and not opposing it. After 9 April 2003, the form of the political system changed from a totalitarian system to a democratic one, and from a one-party system to a multi-party system. Thus, the citizen was given a wide space to exercise political rights and freedoms, and an opportunity to develop a culture of participation instead of traditional political cultures and a culture of submission.

This study, tagged with (criminal protection for intellectual security), deals with the basis on which state security is built, which is intellectual security, and its protection from the preventive and curative sides. Thus criminalizing acts that represent a threat to it, as the interest in intellectual security emerges through intellectual and scientific foundations based on the prohibition of extremism. Extremism and terrorism with thought and evidence, as well as confronting it with laws that criminalize these deviant ideas. Legislation aims through its texts to spread security within society and to spread the spirit of tranquility and stability among individuals. Destructive, as compromising intellectual security leads to disunity within society, disturbing societal thought and raising suspicions by using various methods that would attack the intellectual security of society. These attacks may also lead to destabilization of development and development within society. Whenever the intellectual and societal security is safe and stable, the development and progress in the society will be prosperous.

Private university education is one of the important pillars for building a knowledge society as a supporter of public university education at the present time. It keeps pace with the changes taking place, and employs the energies of society and all its capabilities in the process of development and growth in the field of knowledge, education and scientific research, leading to a private education characterized by a high degree of quality and performance. An increase in the number of private educational institutions was witnessed recently and in light of this, many legislations were issued to draw up their legal framework, duties, powers and functions. This, in turn, was reflected in the increase in the number of students enrolled in private university education, in line with the requirements of scientific development and the expansion of existing departments, and all its money related to specialized studies, whether theoretical or applied. As a result of this, the National Higher Education Law No. (25) of 2016 was issued in force, which was the result of legislative developments that carried positive and negative aspects starting with the decision of the (dissolved) Revolutionary Command Council No. (814) of 1987 and then Law No. (13) of 1996 (cancelled) and its amendments.

Human rights and fundamental freedoms have been recognized for all individuals through divine religions, stipulated international agreements and rules, with the efforts of international and regional international organizations to establish these rights for all individuals. As well as the direction of national legislation that has had a major role in ensuring these rights, especially after regarding the progress of countries a measure of their respect for human rights. One of these rights is the right to union action. After the increasing importance of the role of civil society institutions, including unions, in public life, this right has become an important requirement for unions to defend the rights of their members and represent the professions and interests of the working class, as it is a link between individuals and public authorities, especially after the political changes that most countries have witnessed. With regard to the topic of the research “the legal regulation of the right to union work in Iraq,” this study was divided into three sections. The first section included a statement of the concept of union and union work. The study dealt with the definition of union and union work and types of unions and the difference between them, while the second topic included the objective provisions. The procedures necessary for the establishment of trade unions, membership in them, and cases of their termination were referred to the conditions, objectivity and formality of establishing unions and the conditions related to the persons wishing to establish them. The study reached a set of results, including that the Iraqi legislator has guaranteed the right of individuals to establish unions and join them under the constitution (Article 22 / Third). Each union has its own law that establishes and organizes its business and management, the method of electing its board of directors and its financial resources. The study also concluded that professional unions are considered as persons of public law, while labor unions are considered persons of private law.

The Iraqi environment has suffered from a clear and tangible deterioration. The causes of this varied between the population increase and the unsustainable development of the different sectors and the lack or absence of the use of modern technological methods in the treatment of pollutants, which resulted in negative effects on the environment. The environment of air, water and soil, as well as the wrong uses of the Iraqi person for his environment, and the result was a clear imbalance in the environmental systems and a tangible change in the natural features of the Iraqi environment, including the environmental damage caused to the infrastructure of Iraq. The environmental problems are innumerable, and pollution is one of the most dangerous and most important problems facing the Iraqi environment at all, because it is often the result of human action, unlike most other environmental risks, some of which are due to natural causes. Iraq faces many environmental issues caused by many The accumulated problems as a result of military operations and the use of various types of conventional and non-conventional weapons, in addition to the damage caused to the Iraqi environment as a result of the outbreak of hostilities

Man remains the first and dynamic nucleus and the point of transformation on which the world is based economically, socially, culturally and politically. Everything he deals with is for the sake of man himself. On the other hand, this world’s interest in him is to achieve his psychological, social and economic stability, and to guarantee him freedom of thought and expression in opinion and belonging. The human being is considered for a long time the link that connects the product to the consumer. However, in the recent period, problems and challenges began to worsen, which made him move away a little from the position he used to occupy. In the midst of technological life and the advancement of the machine that took his place and made him sit at home, he had nothing of work to do, to be a figure in one of the types of unemployment. On this basis, we have agreed that our study of this subject and its social, economic and psychological importance should be as much as possible, taking into account everything related to this, which would make the study of a scientific nature. Since our study of “the phenomenon of alienation and human rights is an analytical study and one of the human studies, we must clarify the concept of alienation and its types, causes and dimensions by dividing this study into three sections that include the following: The first topic: the concept of alienation. The second topic: types of alienation. The third topic: the causes and dimensions of alienation.

Medical experiments on humans are an inevitable necessity، as they are a means of developing medical science، discovering appropriate treatment methods for incurable diseases and developing medical knowledge، as well as differing according to their intent. Therapeutic experiments aim to achieve a direct personal benefit to the patient by finding a treatment for him from a disease that does not achieve the means. As for scientific experiments، they aim to obtain new knowledge and serve scientific research. The importance of researching medical experiments stems from their importance as a means of developing medicine and the problems they raise that are difficult to predict in the absence of legislation in Iraq regulating the conduct of medical experiments The legal system for medical experiments on humans which necessitated research on how to balance between overcoming their imperative and protecting the human right to the integrity of the body.

The research found that doping is a phenomenon that offends the human concept of sport, transforming it from an environment that educates and teaches morals and honest competition to an environment of corruption and unequal opportunities. This is a violation of human rights in sports, health and education, and because the international basis for anti-doping did not resist it. Legislators called for its punitive character making it as a basis for criminalization. The most prominent example of this was Belgium and France internationally, and in the Arab world Tunisia, Algeria and Morocco are among the first countries in issuing special criminal laws to combat it. As for - nationally - Iraq issued a regulation to combat doping, but it lacks the legal system to criminalize it, and it issued a law to establish the Sports Court. It is the first step in resolving sports disputes.

Legal protection for those contributors to achieving criminal justice, including the category of witnesses, experts, detectives and victims, is one of the important rights that should be provided to them due to the importance of the role they play in the field of detecting and proving crimes against their perpetrators As it is possible that these individuals will be exposed to some influences and pressures that affect their performance, which leads them to refrain from telling the truth or changing it, hence the need to provide protection for them and their family members. The topic of the research deals with the procedural legal protection for these individuals by highlighting the Law on the Protection of Witnesses, Experts, Detectives and Victims No. (58) of 2017. The adoption of this protection represents a guarantee of human rights in the first place and also represents a strengthening of the criminal justice system, and that the law on the protection of witnesses, experts, informants and the victims of the above came in implementation of the global and regional agreements signed by the Republic of Iraq, which urges the states parties to include protection measures within their laws>

The principle of equal opportunities in assuming a public office went through several stages. After occupying a public office, in the ages preceding the French Revolution in 1789, was based on a number of considerations, including: political, sectarian, national, religious, and social status and thanks to the important principles contained in the Declaration of the French Revolution in assuming the position, it became a source of inspiration and a basic principle in the international declarations and charters that followed the French Revolution. Thanks to the development of international relations over time, the principle of equal opportunities in assuming public office became one of the constitutional principles. For most countries of the world, this principle has implications for most human rights. This research deals with the statement of the concept of equal opportunities in assuming a public office. Then it addresses the statement of the most important positive effects of applying the principle of equal opportunities in assuming a job on some human rights, as
well as the negative effects of not applying this principle to a number of human rights. The research concluded that public office in the countries of the third world is shaped politically (the ruling class), whether it is in assuming a public office or leading positions. And the best way to reduce the impact of political pressure on assuming public office is by activating the provisions of the constitution regarding the application of the principleof equal opportunities for citizens in assuming public office, and the issuance of legal legislation that guarantees the application of the principle of equal opportunity in assuming public office

Freedom of expression, guaranteed by international conventions on human rights and the Constitution of the Republic of Iraq of 2005, is one of the relatively modern freedoms for the Iraqi individual, whether he is a public servant or a citizen. The activation of this freedom did not find a space for application until after 2005. Its application is a relative one, as it is one of the freedoms that are related to the social and cultural structure of society in general. As for the transfer of this concept to the scope of the public office, which is governed by a set of legislation that was not compatible with this concept. This is because most public service legislation precedes its legislature to endorse this constitutional freedom, as well as the lack of clear criteria to distinguish between what is considered part of the subordinate’s constitutional right to exercise freedom of expression, and what is considered a violation of public service legislation.

Noise pollution has become one of the most prominent features of contemporary society today, and it is a source of anxiety, turmoil, instability and chaos despite the many achievements that have been made for the sake of human comfort. The reason for this is due to industrial progress and technological development in the invention of many noise-making machines and industrial facilities, which man seeks day after day, and whose effects have appeared in many recreational areas, where the individual has become living in the midst of a huge amount of annoying or unwanted sounds. It surrounds him wherever he is in a way that causes him boredom and illness. The reason for this problem is the ineffectiveness of the rules and legal texts that regulate protection from noise pollution in society.