TIKRIT UNIVERSITY JOURNAL FOR RIGHTS

Abstract : The current study aimed to clarify the administration’s responsibility for compensation for moral damage and how to file a compensation claim before the judiciary And it reached a number of results, the most prominent of which was, that the damages that befall individuals due to management is multiple, it may be material damage, meaning that it affects individuals in their money and private property, and it may be moral as it affects individuals in their reputation or dignity or causes them psychological pain, and the results of the study showed The origin of the nature of compensation, and the estimation of compensation for it, is to restore the situation to what it was before the occurrence of the damage, by returning the attacked objects to their owners if they existed and were not damaged, and the results also showed that the administrative provisions contained in Iraqi, Negative actions affect individuals' reputation and dignity, and may cause them psychological suffering. The results of the study showed that the primary goal of compensation is to restore the situation to what it was before the damage occurred, by returning the attacked property to its owners if it is still there and has not been damaged. The results also showed that there are administrative provisions in Iraqi, Jordanian, and Egyptian legislation that have achieved notable progress recently through the establishment of administrative courts. Based on what was mentioned in the study, the researcher recommended that Iraqi and Jordanian legislation should pay special attention to issues of deciding compensation and estimating it comprehensively, as many compensation cases are resolved through customary and tribal arbitration due to the long period of litigation in administrative courts, which forces those affected to accept estimates. Less compensation. He also stressed the importance of unifying texts related to the responsibility for compensation for moral damages in all laws that deal with this responsibility, given the significant legislative deficiency in administrative law that defines the rules of administrative responsibility and the administration’s relationship with its employees and its responsibility for their actions.

Abstract : Abstract : Talking about the formulation of legislation and laws in force in cases must be framed by a set of controls that guarantee its performance and effectiveness. It has succeeded in formulating the principle of legal security that guarantees application in administrative and criminal legislation and laws, the aim of which is to achieve balance and ease of access to the legal rule in force at a specific time to achieve standards of trust and harmony for those to whom the rules apply.

Abstract :The study addresses the issue of constitutional power transition in Iraq within the framework of democracy and its institutional mechanisms. It highlights that peaceful power transition is a vital element for achieving political and social stability. However, this process faces significant challenges in Iraq, primarily the dominance of consociational democracy and the lack of genuine democratic practices. The study concludes that peaceful power transition encounters obstacles in establishing democracy as a practical reality due to societal unawareness and the constraints of the consociational system. It recommends raising public awareness, adopting constitutional reforms to ensure political pluralism and reduce the dominance of consociational democracy, and activating the role of oversight institutions to ensure election integrity and achieve genuine power transition.

Abstract : This research addresses the vital role played by the administrative
judiciary in protecting the rights of the public employee, a role that goes beyond monitoring the legality of administration decisions to include ensuring the employee’s political and functional rights alike, In addition, the research focuses on analyzing the mechanisms of the administrative judiciary in confronting administrative abuses, highlighting the role of the annulment judiciary in invalidating illegal decisions that affect the employee’s rights, As well as compensation, which aims to compensate for the damages resulting from those decisions, The research also discusses how to ensure the protection of some of the public employee’s job rights, such as administrative investigation and disciplinary trial, It reinforces the importance of guarantees of justice in these two stages, both in terms of the independence of the judiciary and in terms of clarity of procedures.
In addition, the research reviews the political rights of public employees, such as the right to participate in elections, run for office, and express opinions, which may sometimes be subject to restrictions as a result of the special nature of job responsibilities, Despite these restrictions, the administrative judiciary is the primary guarantor of not compromising these rights beyond the legally established limits, The research also contributes to identifying the protection of the rights of the public employee in light of the increasing challenges facing modern administrative systems, with the aim of strengthening the role of the administrative judiciary as an effective tool to ensure job justice and protect the basic rights of the public employee.


© 2023 TUJR, College of Law, Tikrit University

Abstract : The research focuses on the issue of protecting United Nations Relief and Works Agency for Palestine Refugees in the Near East staff, which is a very important issue, especially in light of the current exceptional circumstances in which they work considering that the protection of employees will ensure the continuity of the agency’s provision of its basic services to Palestinian refugees in the fields of education, health, humanitarian relief, and others. Accordingly, the research deals with the protection frameworks provided by the four Geneva Conventions of 1949 and their two Additional Protocols of 1977 in general for the staff of humanitarian organizations, as well as the Convention on the Safety of United Nations and Associated Personnel of 1994, which is concerned in particular with the issue of protection of the staff of the United Nations organization, including those working for Agency UNRWA. In addition to evaluating the effectiveness of UN Security Council resolutions and the provisions of the Rome Statute of the International Criminal Court of 1998 related to protection agency employees from repeated Israeli attacks against them, and discussing the reality of the extent of its deterrence in practice at the applied level, Then the research ends with a conclusion that includes the most prominent conclusions that devote the most important findings, and a set of proposals that we hope will contribute to strengthening the protection of UNRWA staff working in the occupied Palestinian territories.

Abstrac :This research examines the legal and economic implications of applying administrative decentralization in Iraqi governorates, especially those that are not organized into a region as stated in Law No. 21 of 2008, as amended. This research aims to study the extent to which the law enables local governments to intervene in social, legal and economic activity, and how this is reflected in all economic, social and legal variables in the governorates.

Abstrac :The administrative body should implement the administrative decision and respect it, the basic principle is that the administration may not cancel the decision or withdraw it, but this does not exempt the administrative body from liability , it is obliged to compensate the injured due to a decision contrary to the principle of legality can not be removed or avoid its harmful effects, so the administration may find it inevitable to look for a legal way out that allows it to cancel the decision or withdraw it in its own interest or in the interest of individuals, it may seek to change the legal basis on which the administrative decision was based, or IT issues a counter-administrative decision, or it is forced to issue a decision that removes that decision in the case of necessity.

Abstrac : Article 80 of the Iraqi Penal Code defines legal persons, with the exception of government interests and its official and semi-official departments, as criminally responsible for crimes committed by their representatives, managers or agents on their behalf or in their name, and they may not be sentenced to anything other than a fine, confiscation and precautionary measures stipulated for the crime by law. If the law stipulates an original penalty for the crime other than a fine, it shall be replaced by a fine, and this does not prevent the perpetrator of the crime from being personally punished with the penalties stipulated for the crime by law. Accordingly, the original question in this article is: What is the criminal responsibility of a legal person when it commits crimes that affect public health? What are the methods of combating the legal person\\\\'s approach to committing these crimes? The researcher has benefited from the descriptive and analytical approach to obtain answers to the questions raised above and the most important results that he has reached are: When the actor or manager commits the crime on behalf of the legal person and in the name of the legal person, he has, according to Article 80 of the Iraqi Penal Code, penalties and precautionary measures, and there is also a penalty for the same persons who commit the crimes.

Abstract : International protection is considered from the standpoint of taking into account that it has a relationship that is not respected and respected by the conflicting party during armed cooperation, as it is in terms of the obligations that depend on international cooperation, which is respect for the rules of protecting the militants it supports - or what is called useful international law - according to the Geneva Conventions. . The effectiveness of the registered system - in general - depends on the extent to which its rules are actually applied, and in international law this information is of particular importance, and this law is applied in the armed field in which our human lives are constantly at risk, and when this law is not applied in practical application many times It causes irreparable damage and is difficult to repair and remedy.
Therefore, the issue of applying the rules of international humanitarian law is considered a responsibility that falls primarily on states. This responsibility is represented by a set of actions undertaken by the state, such as accepting and joining those agreements. The Iraqi legislator has played a major role in the framework of work to include and integrate the texts and principles of international humanitarian law into laws. In addition, the establishment of the permanent national committee to follow up and coordinate work regarding issues of international humanitarian law inside Iraq had a major and important role in the process of disseminating the rules of international humanitarian law inside Iraq as a practical step aimed at raising awareness among the Iraqi citizen first and the government and all its institutions. secondly.


© 2023 TUJR, College of Law, Tikrit University

Abstract : The idea of restricting the court to the limits of the case is summed up to consider the limits of what was stated in the decision to refer (facts or persons), and if the court exceeded these limits in its judgment, its judgment was void, and the reason is the inadmissibility of adjudication in a case that was not submitted to the court and the judiciary is the one who has the authority to investigate.

Abstrac : Globalization has become an integral part of general development, and on the economic aspect it is more realistic than other aspects. The world is currently globalized from an economic aspect. The research seeks to shed light on identifying the extent of the legal system’s response to economic challenges in light of globalization in Iraq. We relied on the descriptive analytical approach, Which is useful in exploring scientific facts and deriving rulings from international laws and legislation, agreements and evidence used to know the impact of globalization on the legal system. The study concluded that globalization led to increased opening of borders and increased cooperation and interaction, but its development was linked to the development of means of communication and the movement of capital. Economic globalization has also prompted a number of countries to correct their corporate governance structures. In response to foreign competition and the requirements of international investors, the research also recommends that the Iraqi legislator should amend the articles of the constitution in a way that is consistent with the globalization system and respond to its challenges, in a way that is consistent with international reality, achieving development and keeping pace with the conditions of the times. Countries must restructure their economies and develop policies that are consistent with the policies of economic globalization in order to Take advantage of its pros and cons.

Abstrac : The holder of domain has to exercise the authorities granted to them by law personally, in accordance with their position and the legal procedures and forms specified. But, in certain situations, practical necessities may lead to the delegation of some authorities.
In the context of this study, administrative delegation can be understood as the process by which an administrative chairman, through a decision, entrusts some of their powers derived from the law to another administrative employee to exercise independently without needing to refer back to them. This delegation serves to ease the burden on the administrative chairman, who is often responsible for a wide array of powers as defined by the law.
Administrative delegation is one of the most important legal tools for advancing and enhancing administrative work. It frees the administrative chairman from less significant routine tasks by assigning them to subordinates, thus allowing the chairman to focus on more critical responsibilities, such as setting work policies, coordinating tasks, and evaluating the performance of subordinates.
Accordingly, this study addresses various aspects of the legal system of delegation in administrative jurisdiction, including its definition, forms, distinguishing features from similar legal systems, and its regulatory mechanisms in Iraq and comparative legislation. The study also discusses the conditions for its validity, aiming to establish a balanced legal framework that maximizes the benefits of delegation while minimizing its risks. This is achieved through the adoption of a comparative analytical approach.

© 2023 TUJR, College of Law, Tikrit University

Abstract : Iraq witnessed a political and economic transformation that affected the Iraqi economy, and the Iraqi economy witnessed a dysfunctional reality that led to serious distortions, and this reality still exists today due to the lack of clarity of economic philosophy in the legal and constitutional references, which led to a lack of clarity of the role of the state in its quest to achieve comprehensive economic and social development. sustainable, and integration into the global economic system. Anyone who follows economic transformations sees them from several angles, but the most important of them is focusing on the new Iraqi constitution of 2005, and revealing its economic implications as it is the supreme law.

Abstract : The constitution is the supreme legal document that defines the system of governance in the state and establishes the legal foundations that regulate the relationship between authorities while ensuring individuals' fundamental rights and freedoms. The constitution serves as the cornerstone of a modern state, aiming to achieve political stability and uphold the rule of law. All laws must be in accordance with it.
The justification for the constitution's existence is to regulate power, ensuring its proper exercise within the state by defining the authorities' powers and responsibilities to prevent overreach. This prevents tyranny and promotes balance among the branches of government. Additionally, the constitution ensures political stability by providing a consistent legal and political framework that contributes to the state's stability.
It also guarantees individuals' rights and fundamental freedoms, such as freedom of expression, equality, and the right to life, while establishing appropriate mechanisms to protect these rights from government violations. Furthermore, the constitution grants legitimacy to the government by outlining the process of selecting rulers and exercising power. It enhances citizens' trust in the political system, prevents corruption, and promotes justice by ensuring that everyone, including rulers, is subject to its provisions through the principle of the rule of law. Moreover, it reflects society's aspirations and values.

© 2023 TUJR, College of Law, Tikrit University

Abstract : The general rule in jurisprudence, judiciary, and law is that whoever causes damage to the rights of others and their legitimate and protected reconciliation according to the provisions of the law must pay appropriate compensation for the damage he has caused, but there are cases that prevent a ruling on compensation, as is the case with force majeure. If the damage occurred due to force majeure, it does not indicate to the victim the right to pay compensation. If it occurs, he is not liable for compensation.

Abstract : It is certain that the state can exercise all aspects of its sovereignty over its territory, whether internal or external sovereignty. The manifestations of internal sovereignty are manifested in the state’s freedom to dispose of internal affairs, organize its government and public facilities, and impose its authority over all persons and things on its territory. Consequently, no other state or entity may exercise its authority in the state’s territory. It is stipulated in international law that the state has the right to organize aspects of human life within its territory with the aim of achieving security, justice, and prosperity. Among the requirements for achieving security are regulating the entry and residence of foreigners in the state’s territory and preventing the entry of foreigners whose presence is not desired on its territory, as well as deporting any foreigner present on its territory if he appears to pose a threat to security, order, morals, public health, the national economy, or other reasons that justify the use of this hatred without exaggeration or control. Therefore, deportation and consideration of its danger have procedural and objective requirements within the framework of the legal principles of deportation that must be taken into account to ensure For the integrity of the procedures in light of the state’s exercise of its authority in making the deportation decision and the effects resulting from it, which allows the judiciary to extend its control over deportation decisions to demonstrate their legitimacy and conformity with the correct rule of law, as the matter seems precise if the legislator brought the bait in the deportation decisions before the judiciary, which negates the judicial guarantee. We also discussed the position of Iraqi law on the deportation decision, as the legislator organized deportation in Chapter Five of the Foreigners’ Residence Law No. 76 of 2017 and specified the authority competent for deportation, its procedures, reasons and effects,

Abstract : The twenty-first century witnessed many events and dangers that emerged as a result of the transformations that affected the world, including terrorism. International organizations and criminal courts rushed to implement accountability and punishment for crimes committed by terrorist groups that threaten countries and disturb international peace and security. The development of the application towards groups has moved towards holding individuals who issue international criminal acts accountable. Legislations appeared in the Justice Against Terrorism Act (JASTA), which represents holding individuals accountable for the international criminal acts they have committed, as well as issuing the Magnitsky Act for the same purpose, but it clashes with the legal principle of (reciprocity), especially since international criminal crimes are committed by individuals and opposing groups.

Abstrac : Virtual currencies cryptographic networks designed to facilitate digital barter, a technology that has been in development for a decade. Bitcoin is the first and most common encrypted digital currency, and it paves the way for a technology different from the financial payment system that has been in place for decades. Using this money has multiple advantages, including lower transaction costs, but it is not guaranteed by any country and relies solely on the trust of its users. Although digital currencies are unlikely to replace traditional currencies, they have the potential to remove barriers associated with single national currencies and exchange rates and change the way global markets interact online.
There is no doubt that terrorism represents a serious threat to all peoples and all states. It represents a direct attack on human values, and it represents a flagrant violation of the rule of law and international laws and norms.
Therefore, combating the financing of terrorism through digital currencies requires adopting effective international laws and legislation to limit the exploitation of this technology in criminal activities, and enhancing international cooperation to ensure that terrorist organizations do not obtain the financial resources necessary for their operations.


© 2023 TUJR, College of Law, Tikrit University

Abstract: The Israeli Zionist entity uses a series of policies and practices to grant privileges to Israeli Jews and systematically oppress the Palestinians. The severity of the oppression practiced in the occupied Palestinian territory amounts to "systematic oppression" by one ethnic group against another, as well as crimes of genocide against the Palestinian people and forced displacement of the people. Through this article, we show the possibility of filing a complaint against the Zionist entity in the International Criminal Court for the violations of the brutal Zionist occupation against Palestine through the use of the most heinous war crimes with internationally prohibited weapons by bombing civilians, women and children, and bombing health facilities from hospitals and vital civilian facilities that are empty of militants, the purpose of which was to cause damage to the civilian infrastructure and terrorize civilians. By resorting to the International Criminal Court, the possibility of prosecuting the president of the Zionist entity and leaders for war crimes, genocide and crimes against humanity. This article aims to demonstrate the role of the International Criminal Court in protecting and promoting human rights by confronting perpetrators of crimes against humanity and human rights violations.

: Crime is constantly evolving in its methods to try to avoid detection by the competent authorities. This is particularly true for the movement of illegal shipments; drugs, counterfeit goods and other illicit goods are discovered and intercepted by law enforcement authorities in unexpected places in ports. This confirms that one of the main routes for the movement of illicit goods is through the ports of countries, as organized criminal networks try to hide their cargo among legitimate shipments within the free trade zone or elsewhere.
This research reviews the legislative position decided by the Iraqi and Emirati legislators regarding some of the main methods used by criminal networks to try to bypass security in their seaports and carry out illegal commercial or criminal activities, and presents new methods that are gaining momentum among criminal networks - in particular the modus operandi of stealing container reference codes, also known as PIN fraud, and ends by proposing discussions on how port authorities and law enforcement agencies can work together to eradicate criminal activity in ports. In order to delve into this topic, we divide it into two sections, the first of which is devoted to explaining the criminal protection of seaport security, while the second section shows some applications of criminal protection of seaport security.

Abstract : Governments have paid attention to people with disabilities and special needs by establishing centers that educate and rehabilitate them in an isolated manner, as a matter of care and attention, and by providing a special and appropriate environment to deal with them in particular. Then it developed into the process of integrating them into societies, which is the responsibility of state institutions, and this is what we aim to explain in this research.
For the purpose of protecting the rights of persons with disabilities and special needs, preserving their dignity, rehabilitating them, integrating them into society, and contributing to providing them with the means for a decent life, and for the purpose of regulating the granting of licenses to private institutes concerned with the education, rehabilitation and care of persons with disabilities and special needs in a manner consistent with the international agreements to which Iraq has acceded.
To determine the rights of the full-time assistant, the legislator took the initiative to find modern and effective methods to support the rights of people with disabilities and special needs, focusing on the primary idea that they deserve (rights) and not just (care). Some people today have resorted to using the term integration to indicate the necessity of educating, caring for, and training the disabled along with their normal peers. Integration includes the process of adapting the social, physical, and professional aspects of the disabled to society. Based on these ideas, we have begun to contribute to developing new methods to secure and support these rights.

© 2023 TUJR, College of Law, Tikrit University

Abstract : This research deals with the guarantees of fairness of the arbitrator as the main element in the arbitration judiciary. It is necessary to ensure the fairness of the arbitration judiciary in its various stages, including the fairness of the arbitrator who undertakes the task of resolving the arbitration dispute. Through the research, we found that the basic guarantee for the fairness of the arbitrator lies in his professionalism, which means his belonging to the category and profession of the litigants in the arbitration case, which gives him the competence in knowing the details of the dispute and then judging it in a fair manner. In addition, the arbitrator's independence from the litigants is one of the basic guarantees of fairness of the arbitrator. In the conclusion, the research reached a number of conclusions, perhaps the most important of which is that impartiality is one of the most important qualities that an arbitrator must have, and at the same time, it is a guarantee of his fairness. Wherever there is impartiality of the arbitrator, there is fairness arbitration, and for the arbitrator to be impartial, he must be committed to disclosing everything that may spoil his integrity and impartiality in terms of relationship of kinship or friendship. In addition to his commitment to transparency towards the litigants in the arbitration case. The research also reached a number of recommendations, the most important of which is the explicit provision that the arbitrator or the arbitral tribunal, after announcing its acceptance of the arbitration mission and throughout its procedures, disclose any circumstances that would raise doubts about his impartiality and his independence.

Abstract: The study sought to clarify criminal behavior between spouses in Iraqi law and its impact on society, because the family in society was exposed to changing and diverse economic and social factors that affected various aspects of life, which affected criminal behavior within the family, which is reflected in the pattern of social values, because criminal behavior is an assault by one person on another person's honor, money, possessions or person, and in this sense it is a social phenomenon that no society is free of, and this behavior is based on two basic elements, the material element that represents the occurrence and the moral element that represents the criminal intent, and the research also showed that there are different reasons for the criminal behavior of spouses in the family: unemployment, poverty and neglect, ways to avoid criminal behavior, penalties and effects of criminal behavior between spouses, and motives as reasons for committing the crime, and the study concluded with a number of results and recommendations, including that criminal behavior is human behavior that occurs within society and is linked, in good times and bad, to society. Among the recommendations is that there should be specific laws regulating the issue of domestic violence based on the principles of the true Islamic religion, which commands respect for human dignity and protection of human rights, so that it is easy for those addressed by this law to know their rights.

Abstract : They said, \"Will You place upon it one who causes corruption therein and sheds blood, while we exalt You with praise and declare Your perfection \"He [Allāh] said, \"Indeed, I know that which you do not know.\"
Financial corruption crimes are related to the presence of man. Angels reported that the first capacity in man is corruption. After the human reached the globalization stage, scientific progress and technological progress to get the accelerated delivery, it led to the diversity of the phenomenon of corruption and its many causes, types and forms .
Financial corruption occurs when an employee accepts or requests a bribe to facilitate a contract or conduct a public tender, or through the exploitation of the public function or the theft of state funds directly. Financial corruption is a phenomenon related to the development of the state institution. The corruption of state institutions and the low levels of social well-being reach their maximum extent. This is the result of the degree of default and the increase in unemployment rates. Corruption may spread to infrastructures in the State and society .
Financial corruption means the employee\'s deviation from the legal duties owed while performing his job duties, which constitute a violation of the laws or administrative instructions, and its exploitation for personal benefit instead of the public interest. It is an abnormal conduct contrary to the law and the moral values of the person who betrayed public trust. This work results from the misuse of the public office to achieve personal benefit at the expense of the public benefit .

© 2023 TUJR, College of Law, Tikrit University

Abstract : Cyber warfare has become an essential part of modern conflicts between states, with some parties relying on cyberattacks to disrupt the critical infrastructure of their adversaries. In this context, Israeli cyberattacks against Hezbollah and Lebanon play a significant role in fueling the conflict between the two sides, raising questions about the legality of these attacks under international law and their impact on Lebanese national security.
With the rapid advancement of technology and the increasing reliance on cyberspace, cyberattacks have come to pose a direct threat to global security.
International law is still adapting to accommodate this type of conflict, presenting a complex challenge to public international law. Although international humanitarian law provides a general framework for armed conflicts, it remains insufficient to address all aspects of cyber warfare. Thus, there is a need for greater international cooperation to establish new legal rules or amend existing ones in line with modern cyber threats, which would help prevent the misuse of cyberspace, maintain stability and peace, enhance global security, and protect national sovereignty.
This research aims to shed light on Israeli cyberattacks against Hezbollah and Lebanon, analyze the impact of these attacks on Lebanese national security, and examine their compatibility with international legal rules governing the use of force in armed conflicts.

© 2023 TUJR, College of Law, Tikrit University

The use of the principle of military necessity to achieve victory in armed conflicts or wars does not mean that the state concerned has absolute freedom to use lethal weapons without restriction or condition. The resort to force is legitimate in situations defined by public international law. In this context, international humanitarian law has established controls to prevent the commission of crimes against humanity, war crimes, or genocide. Therefore, the term nuclear weapons has become a source of interest due to their destructive properties to human life, especially after the United States used the nuclear bomb in World War II under the pretext of necessity and legitimate self-defense.