Journal Of the College of law /Al-Nahrain University

International humanitarian law, like any other law, includes a set of rules that require various measures to be taken, It relates to the means and mechanisms of putting it into practice, whether at the international or national level if the rule of ignorance of the law does not absolve the addressee from the obligation to abide by its provisions, and is not suitable for being a motive that clings to evade its application .
However, knowledge of the law, its dissemination and education is among the successful means to establish the doctrine of adherence to and respect for it outside the means of coercion and coercion. It is not the authorities of the state and its and its agents, including the national judge ,that are concerned with the application of international humanitarian law within the limits of the competencies entrusted to it as in other laws. In addition to these, all fighters present in the combat zone are considered “judges” in the figurative sense of this word, and they must know their duties and limits of their rights as “fighters” in relation to fighters of the enemy, their victims, and the protection and care decided by humanitarian law for them and for the protected persons and objects belonging to the enemy.

Misleading electronic commercial advertisements via the internet are considered among the most common advertisements at the present time due to the lack of national control over them, the lack of accountability for those who practice these advertisements , and the absence of a digital media law that regulates electronic advertisements via the internet and then be held accountable when advertising in a misleading way for a misleading good or service, and in the presence of a legislative vacuum, and being satisfied with a regulatory regulation issued by the media and communications Authority in January of the year 2023, which regulates those who want to obtain a license to practice electronic commercial advertising via the internet. Penalaties are imposing peanalties on those who engage in electronic commercial advertising without a license, which leads to the emergence of unfair competition between merchants and a violation of consumer rights. Regarding the necessary means to prevent misleading electronic advertisements, the Digital Media law requires legislation that regulates these advertisements and sets limits on its perpetration and electronic documentation when purvhasing via the internet through concluding an electronic contract that preserves the rights of the buyer (consumer) when he is affected by the misleading advertisement after proving it.

Wage is considered one of the fundamental issues addressed by the labor law, and it represents a pivotal point in conflicts between workers and employers over time. The worker’s economic and social life is closely linked to the wage, which represents the periodic wage that is given to the worker in exchange for his work. It is considered the basic element in the production process, and without it it is impossible If we are in the process of an employment relationship, it is nothing more than free work or as a donation, and this is not consistent with the concept of an employment contract. Since the general principle is that the contract is the law of the contracting parties, the contract may not be annulled or amended except by agreement of its parties, but some unusual circumstances may occur during the implementation of the contract that would cause an imbalance in the financial balance of the contract, and this is what requires providing the necessary guarantees to both parties to the contract (the worker and the employer). So that the implementation of the contract would not be burdensome for either or both of them, so the legislator was keen, whether in the general rules in the civil law or in the labor law, to provide the necessary legislative guarantees to protect the worker’s wage against the employer or his creditors, or against the creditors of the work itself, as fulfilling the wage is considered one of the most important obligations imposed on the employer in all labor legislation. Based on all of this, the Iraqi legislator was keen to provide protection for the worker’s wages through legislative texts.

The Office of the High Commissioner for Human Rights (OHCHR) is one of the national institutions needed to protect human beings from violation of their rights and freedoms. Despite its guarantees and powers, it faces obstacles that negatively affect the achievement of its objectives. These constraints are divided into two types, the first, external, not related to UNHCR but to other complementary organs and guarantors of its success.
The second, they relate to UNHCR itself in terms of its composition, insufficient legislation or the ambiguity of some of its articles, as well as the lack of the powers required to fulfill its functions.
These constraints cannot be examined unless the realities of UNHCR's work in the protection of rights and freedoms are examined.
The study has therefore been divided into researchers, the first on the realities of UNHCR's work and the second on the obstacles to its work.

There are many courses concerned with graduating their students to the position of a police officer within the ranks of the Internal Security Forces. There are many legal provisions that regulate these courses, as well as those concerned with granting them the status of a police officer, as the rank or position of an officer is not granted except according to legal contexts and requirements and courses whose duration, places of residence, and conditions for admission to them vary. These legal provisions were distributed between the Service and Retirement Law for the Internal Security Forces No. (18) of 2011, the Police College Law No. (37) of 2000 as amended, the system of the Higher Institute for Internal Security Forces Officers No. (10) of 1979, and the instructions for the qualification course No. (1). ) for the year 2015 for those who hold a first university degree, and the aim of the research was to identify these provisions so that they would be clear to the reader in the lines and folds of the research.

The term constitutional identity is one of the most important innovations of the French Constitutional Council. This decision addressed a very important problem, which is an attempt to embody a legal concept that allows for preserving the privacy of national constitutional principles from the flood of European legislation. It is an important experience that other constitutional experiences should draw on. On the other hand, the constitutional experience in Iraq in light of the 2005 Constitution represents an embodiment of a model that attempts to preserve the Islamic identity without compromising the principles of democracy known to advanced nations or the basic rights and freedoms, most of which are a reflection of international charters and treaties. In light of this balanced approach, we are trying to establish the features of a constitutional identity specific to Iraq. In this context, the attempt of the Federal Supreme Court in Iraq to invent the term political identity falls, through which it attempted to establish a comprehensive national identity that respects sub-identities without reducing them, in the hope that these decisions will establish rational executive practices inspired by these ideas.

Banking secrecy is one of the basics of banking in all countries as it is one of the established principles in banking since the emergence of banking banks. The beginning of the emergence of banking secrecy was in Europe, specifically in Switzerland, and then moved to various countries of the world. Banking secrecy establishes the principles of trust, and is considered a guarantee and protection for the individual in banking transactions. However, the secrecy that was created to protect these financial interests, but then changed over time to become a tool for smuggling money and circumventing tax laws. Accordingly, demands increased to abolish banking secrecy, considering it the reason behind tax evasion, money laundering and financing terrorist acts. Therefore, it was necessary to amend the local legislation related to it. This is what the United Nations Convention against Illicit Trafficking called for, which required taking important measures to limit banking secrecy.

Criminal law jurists were divided between supporters and opponents of the idea of the discretionary authority of the criminal judge. This disagreement is due to the expansion or narrowing of the criminal judge’s authority. It is the lack of correspondence between the theoretical reality and the practical application of the criminal texts. The legislator, no matter how shrewd and sophisticated, cannot be aware of all actions. On the one hand, crimes that are harmful to society are subject to legal protection. On the other hand, the legislator cannot take into account all the hypotheses and possibilities that reveal the criminal danger inherent in the offender. The judge’s use of his discretionary power to rule to abstain from punishment depends on the legal conditions set by the legislator to refrain from pronouncing punishment. The extent to which the judge uses the ruling to abstain from punishment also depends on the freedom granted to him to use this power. The judge is restricted when using his discretionary power to refrain from pronouncing punishment, by the availability of legal conditions, whether related to the crime or the criminal, and other conditions that may be used when pronouncing the sentence. One jurist believes that refraining from pronouncing punishment and judicial probation are not synonymous in meaning, but rather each is a system distinct from the other, even though the judicial probation system arose in the embrace of the first system and remained mostly associated with it, while on the other hand, it was later associated with the system of suspending the execution of punishment in Laws of a few countries.

The conflict over rights is one of the axioms that plague societies in general, regardless of the degree of civilizational and scientific progress, as the need for the judiciary is a renewed need with the development of time, and the desired judiciary is no longer just a means of implementing the law, as the judiciary has a wide scope in the issue of realizing rights, as The judge is not just a deaf tool for implementing the legal text. With this view of the role of the judge, an issue emerges that is worthy of research, which is the positive role of the judge. In many cases, we are accustomed to a role in which the judge has discretionary authority in some issues, and among these issues is the legacy of the information revolution. For example, we can see the role of the judge within the application of (giving testimony remotely by using electronic means of video conferencing), but this role collides with a legislative obstacle that is the prohibition contained within the Digital Signature and Electronic Transactions Law of 2012, and this is what outweighs our desire to Choosing research within this topic, which is not devoid of importance, which we will review within our research

Digital transformation is one of the most important features of the current era, as most Arab governments are undertaking this transformation in their various sectors, and this transformation is accompanied by a set of risks. Digital Transformation Digital data related to the Internet will be vulnerable to risks, such as hacking, exploitation, etc., as determining the data that must be protected - Under the umbrella of criminal law - exclusively, it is a trail of imagination, because this data cannot be limited, as the diversity and multiplicity of types of data makes it difficult to determine, and the greatest difficulty lies in determining what is permissible to publish and circulate and what is the opposite, as it is prohibited to publish or circulate, so not specifying A clear standard that differentiates between permissible information and protected information makes the picture blurry and unclear for all citizens, and its danger lies in exploiting this data illegally using artificial intelligence algorithms, according to the interests and inclinations of the owners of that data, so companies can provide products and advertisements that are compatible with their interests, and even The matter develops into changing their inclinations and political orientations by injecting news that matches their interests and changes their orientations, and many problems arise related to the subject of our research, namely the extent of the government’s technical readiness to protect data in light of its orientation towards digital transformation, and what legislation has been enacted in order to ensure criminal protection of data

This research focuses on the topic of contract rectification in civil law, aiming to shed light on the mechanisms and challenges related to this important subject. Contract rectification is considered a vital issue faced by courts and legislators, as parties to legal contracts must retain the ability to modify contract terms in light of changing circumstances and requirements.
The research begins by clarifying the concept of contract rectification in civil law, indicating that rectification is a legal mechanism for amending contract terms after its formation, with the aim of restoring balance in the contractual relationship and achieving justice between the parties. Among the cases that may warrant contract rectification are computer errors, mistakes in calculations, and changes in economic or legal conditions.
The research then addresses the available mechanisms for contract rectification in civil law. It indicates that one of the fundamental mechanisms is mutual agreement between the parties to modify the contract, whereby a new agreement is reached that stipulates different conditions from those specified in the original contract. Additionally, the court may compel the parties to modify the contract if specific legal conditions are met, such as fundamental error or manipulation.
However, contract rectification in civil law faces diverse challenges. The research discusses some key challenges, such as determining the existence of errors in the contract, identifying their nature and impact on the contract, and determining the possibility of rectifying contracts in the presence of material or arbitrary conditions. It also examines challenges in implementing contract rectification and identifying the mechanisms that should be followed to ensure proper implementation.
In conclusion, the research demonstrates the importance of contract rectification in civil law and its role in preserving justice and balance in contractual relationships. It concludes that the available mechanisms for contract rectification are powerful legal tools to achieve this objective, taking into account the challenges that may arise in the rectification process and the need to deal with them wisely and effectively.

When a government takes action to prevent the continued conduct prohibited by law from adversely affecting assets or funds, the government may often seek to appoint a receiver to assist in organizing the assets on behalf of affected consumers or investors. The use of receivership can be particularly beneficial to the government and to affected consumers or investors. However, despite the many cases dealing with receiverships, there is virtually no current source to which one can turn to find a summary of the various issues that must be addressed in such receiverships. They vary as much as the judicial, legal, and economic systems across the world. However, there are general frameworks and agreed-upon rules of jurisprudence that do not differ significantly between different countries of the world. The Iraqi legislator realized early on the importance of organizing judicial custody, and specifically allocated two articles to it in the Civil Procedure Law No. 83 of 1969 (Articles 147 and 148), considering that the subject of judicial custody is civil cases where the dispute is over money or other assets, as it is a temporary precautionary measure that goes hand in hand with the main case. Accordingly, the Iraqi legislator relied on defining the concept, mechanisms and conditions of judicial custody within the Civil Procedure Law.

Option to select in sales contracts (Multi-choice Obligation) is one of the most important rights (options) that were investigated by scholars from both legal and Islamic jurisprudence point of view, who offered their thoughts and opinions on the issues related to it. Whereas some scholars have accepted this option, others did not. These scholars realize that the option to select may be associated with the Conditioned Option and may not, but they agree that it has different rules, hence why this research paper attempted to expound on the opinions related to this option in terms of the concept and the difference from other options and concepts as it is an option that focuses on several items as a subject matter of choice for the person who owns this right. This option has goals and objectives that may result in benefiting either or both of the buyer and seller in case they agreed to it, however, this agreement may encounter some issues when one or more of the items subject matter of the option either destroyed or defected. This research paper attempts to expound on these issues with analysis and comparison to legislations in some neighboring countries to Iraq and Islamic jurisprudence, and it offers some recommendations hoping it may be taken into consideration.

Artificial intelligence technologies have been developing rapidly in recent times, and have entered many fields: education, industry, medicine, military and security fields, and other fields. These uses have resulted in many damages and risks. It was important to place them within a legal system to determine the responsibility related to these damages, especially with regard to liability. Civil issues resulting from these damages and the suitability of current Iraqi legislation and their ability to accommodate the tremendous development in these technologies. Accordingly, our study examines the legal system of liability related to damages resulting from artificial intelligence techniques in Iraqi law. In this research, we reached several results, the most important of which is the possibility of applying the rules of objective liability to damage resulting from artificial intelligence, and thus its keeper can be held accountable for any damage resulting from its use.

This research addresses the study of the tragic conditions that are the main cause of population migration and displacement, as well as trying to give an introduction to the status of international migrants and refugees in the light of the provisions of international humanitarian law and the Charter of the United Nations, and then study the concept of migrants and refugees in light of the provisions of international law and study the most prominent guarantees adopted by international organizations In the protection of human rights, where the issue of migration and asylum has become a concern of the entire international community, and international efforts and serious attempts have been made to put an end to international migration, in addition to monitoring international mechanisms for the protection of human rights.
Immigrants and refugees and adopting a package of guarantees that would support and strengthen the rights of immigrants and refugees Several agreements have highlighted these points, starting from the Geneva Convention of 1949 and the 1951 Convention relating to the Status of Refugees, through the Special Protocol issued in 1967, to the work of the United Nations High Commissioner refugee affairs.