Ashur Journal for Legal and Political Studies

The international treaty has become a responsibility to implement it on all authorities within the state due to the major and important role it plays at the national level. Therefore, these obligations must be included within the legal scope of the state in order to achieve the goal of its conclusion.
In the Iraqi legal system, the treaty is incorporated indirectly and through a law called the International Treaty Ratification Law; which gives the treaty a legal value, which was confirmed by all successive Iraqi constitutions until the issuance of the current Iraqi constitution of 2005.

The legal medical report represents one of the means of criminal evidence in the crime of rape. Rather, it is considered at the forefront of those methods that the judge resorts to in order to achieve the justice and right to the victim and take retribution from the perpetrator in the crime of rape. A trusted specialized medical authority that is trained and educated is responsible for presenting this report.
The scientific and technical development of societies have led to the development of the means of committing crime and concealing its features, so it has become necessary for the technical side to develop and the means to prove the crime and attribute it to the perpetrator.
The legal doctor’s report is an official document is issued by a government agency depending on a request by a security or judicial authority. This report is important and decisive in the absence of other means that can be resorted to in proving the material element of the crime in the crime of illegal intercourse without the will of the victim.

The international community has been fundamentally regulated by international legal norms. These guidelines have made it feasible for such a community to grow as a result of a broader understanding of the value and necessity of regulation. The difficulty in enforcing this regulation, however, stems from the inability to reach a complete international agreement to adopt permanent, widely recognized regulations for a number of contentious issues. There are a number of political, economic, cultural, and other explanations for this divergence. Thus, the need for regulation and the divergence of wills are two opposing forces that impact the regulatory process in such matters.
This study aims to clarify the legal impact of temporary regulations on permanent international legal regulations. The international community is trying to find a way to resolve this conflict by establishing temporary arrangements that are accepted until a permanent regulatory framework can be established , These temporary arrangements may have a direct impact on the formulation, acceptance, and scope of the permanent regulatory framework, so accuracy in temporary arrangements is essential because of their importance.

The legal protection of homeless children is considered a form of social justice, as its primary aim is to protect human existence. It is also regarded as an acquired right that no longer requires justification, after being established by divine religions, which emphasized the importance of preserving human dignity and rights. This right has been recognized by all laws. Therefore, legal protection, whether constitutional, criminal, or civil, has become a "point of reference" in law, based on the principles of punishment and compensation. It also represents a fundamental element in any legal system that seeks to respect human rights and dignity and to compensate for all forms of harm individuals may face.
Despite the state's commitment in Iraq to protect and care for children in general, and homeless children in particular, through legislation aimed at safeguarding and caring for them, violations of the rights and dignity of this vulnerable group continue. This is in the context of rising rates of violence, poverty, family breakdown, and drug abuse. This requires a reevaluation of those laws, identifying weaknesses, and working on establishing legal and procedural mechanisms to address this issue, which has taken a dangerous turn in our society. This is especially true as criminal groups have turned these children into easy tools for carrying out their criminal activities

This research aims to study the principle of gender equality and the application of the women's quota system in Iraq, as one of the important mechanisms to enhance women's political participation and empower them in the political, social, economic and cultural fields. The research is based on analyzing the Iraqi legislative and constitutional framework, focusing on the constitutional texts in the Iraqi Constitution of 2005, which emphasized the principle of equality and prohibited discrimination on the basis of gender. The research also addresses the women's quota system that was adopted in the Iraqi elections to ensure greater representation of women in the House of Representatives and local councils.
The research reviews the challenges facing the application of the principle of equality and the women's quota system, including the political, social, economic and cultural factors that hinder women's effective participation in political life. In addition, the research highlights the achievements that have been made in this field, such as increasing the percentage of women's representation in the Iraqi parliament after the implementation of the quota system.

The fundamental pillar of the system of governance in any state is the constitution, as it reflects the image and conditions of society. These conditions are constantly changing, which is the primary reason for amending the constitution. Constitutional amendment aims to develop the existing legitimacy to address issues that the constitution has not covered or to respond to changes and developments occurring in society across political, economic, and social aspects. These changes and developments require a new constitutional approach that achieves the state's supreme objectives.
In this context, constitutional reform through amendment seeks to protect and ensure the continuity of the constitution. However, the process of amending the constitution varies depending on whether the constitution is flexible or rigid. Moreover, even among rigid constitutions, the difficulty, strictness, and complexity of the amendment procedures differ. Additionally, the amendment process involves determining the competent authority responsible for amendments.

The issue of administrative and financial corruption has attracted the attention of jurists and researchers , as it is considered one of the dangerous phenomena that has spread in the countries of the worl, especially developing countries, although industrially advanced countries also suffer from it، as it is known as any deviation or exploitation of authority or public office to achieve personal benefits and goals. The types and forms of administrative and financial corruption vary, as it takes the form of bribery, embezzlement, forgery, favoritism، mediation، favoritism, and others. The reason for the spread of corruption is attributed to Administrative and financial corruption has several causes, including economic ,legal, political and social. This phenomenon has several negative effects that affect economic development، the standard of living، political stability, service and production activities. Administrative and financial corruption has several means to combat or reduce it، including means at the local level ,such as administrative means، and means at the international level, such as international and regional organizations and agreements.

This research examines the extent to which administrative discretionary power aligns with the principle of legality. While administrative authorities are granted a margin of freedom in decision-making based on prevailing circumstances, the absence of well-defined legal constraints may lead to potential abuses. The study explores the development of the relationship between discretionary power and legality through the lens of legislation and administrative jurisprudence in France, Egypt, and Iraq, with a particular focus on the legal safeguards that ensure a balance between administrative authority, public interest, and individual rights. Additionally, the research highlights the role of administrative courts in regulating the exercise of discretionary power through formal and substantive review, as well as the principle of proportionality

The disposal of human organs is a complex legal issue that raises widespread controversy due to its intersection between medical advancements and the legal protection of individuals. With the increasing need for organ transplantation, a legal dilemma has emerged regarding balancing the facilitation of donation processes with the prohibition of illicit organ trade. This study is significant as it analyzes the legal frameworks governing this issue, particularly given the diverse legislative approaches adopted by different countries. At the legislative level, Iraq’s Law No. 11 of 2016 and Egypt’s Law No. 5 of 2010 explicitly prohibit organ trafficking while establishing strict conditions for transplantation. These conditions include ensuring that donations are voluntary, free of charge, and subject to medical supervision. This study analyzes the legal basis of civil liability arising from human organ transactions by comparing different legislative approaches. It focuses on assessing the effectiveness of these laws in preventing illegal trade, protecting donors and recipients, and achieving a balance between medical advancements and legal justice.

Trying to stand up when this problem which related to the diagnosis of who can exercise domestic violence as well as I am trying through my thesis or dissertation to show violence governments and authorities against woman through the enactment of laws which is benefit to whom exercising the violence. This case is witnessed in third world countries, especially in Saudi Arabia through the enactment of a law to prevent woman to leadership. Moreover, I try to focus on violence against children which he is important part of the human entity by stopping harmful and abusive practices again him. Also in my study I will determine the problems that lead to domestic violence. First is enable woman herself for a men. Second is cultural reasons, represented by ignorance and lack of knowledge of a good method with others. Third is socialization factor which basic parenting factor to take care of human being. another problem which is important for international organizations is different customs and traditions among spouses. Finally environmental reasons.

Determining the status of a foreigner is within the jurisdiction of national law, and the state is the owner of sovereignty over its territory and has the right to extend its authority over the foreigners present in it, but the foreigner in the country in which he resides permanently or temporarily may be exposed to the scourge of wars and armed conflicts, so there must be protection for him as a civilian and a party Weak and needs protection. This protection is guaranteed by international humanitarian law through the four Geneva treaties of 1949. These conventions were a humanitarian action against any violation of the rights of civilians. These conventions contained rules for the protection of victims of war and armed conflicts, as well as the adoption of two protocols in 1977 annexed to the first convention on international armed conflicts. The second relates to non-international armed conflicts

Judicial jurisdiction is unified، and there is no way to choose a judge without taking into account the jurisdictions specified by law for each party. Legal defenses are an important topic related to practical application and their consequences. A plaintiff's recourse to the judiciary must be based on a right and follow the procedures stipulated by law to protect that right. A lawsuit is a legal means by which anyone who has suffered harm can resort to the civil judiciary ،which has general jurisdiction over civil lawsuits، with the aim of obtaining their rights in the event of a dispute or conflict. Providing judicial protection is one of the most prominent rights of individuals. Defenses occupy a prominent place in civil procedure law، as the civil procedure law is one of the procedural laws related to the judiciary. The goal and purpose of procedural laws is to provide legal protection for individuals to obtain their rights through the judiciary، while also providing the other party with the right to defense. This is to establish justice among individuals in accordance with the provisions of the law by presenting defenses to avoid a judgment in favor of the plaintiff. A defense is a legal means of exercising the right to defense in a lawsuit، and it is a negative procedure; it does not add anything new to the lawsuit، but rather aims to avoid a judgment based on the plaintiff's claim. There are three types of pleas: substantive pleas directed at the essence of the right، formal pleas directed at the dispute and its procedures،or pleas of inadmissibility, which aim to waive the plaintiff’s right to file a lawsuit.

The research reviews the role played by educational policies in Iraq after 2014 to promote peaceful coexistence in areas that witnessed conflict. The research focused on the role of educational policy in building an inclusive identity and overcoming sub-identities and affiliations through educational plans, strategies and programmes, as well as the role of educational policies in creating a suitable environment for peaceful coexistence and preventing the return of conflict in order to reach sustainable peace.

Freedom of expression is the cornerstone of any free and democratic society and is considered a basic human right. However, some people, under the guise of the right to freedom of opinion and expression, glorify terrorist acts. The crime of glorifying terrorism is linked to the vague category of hate speech, as it constitutes an attack on social cohesion by contributing to the appreciation or encouragement of terrorism and may encourage future moves to commit terrorist crimes.
Many European countries have criminalized the glorification of terrorism in their laws. Perhaps the most prominent of these countries and the first to criminalize this type of terrorism is France, which is considered one of the countries that imposed restrictions on freedom of expression and considered that comments that aim to present or comment positively on terrorist acts in general or specific terrorist acts that have already been committed are a crime punishable by law under the French Penal Code in force. This type of expression of opinion is called the crime of glorifying terrorism (justification of terrorism or promotion of terrorism or the crime of indirect incitement to terrorism).

The thought and thinking process is confined to the inside of the soul, and involves in it, and if it goes from the subconscious to the apparent, announced to people explicitly or indication, so its effect and extension expression were more influential. The external expression of thought esoteric is called the expression of opinion, and it is known that the expression of opinion complementary to freedom of thought, conscience and belief, as it remains incomplete as one was unable to express his ideas and opinions, whether in his conversations and in private councils or in his speeches in councils and public clubs or in his memoirs, articles, books and broadcasts, in this sense, liberties have become sacred and enshrined in all constitutions, declarations of rights and universal and regional international charters.
Therefore, it is not permissible to deprive anyone from exercising these rights, by imposing an opinion on him or interfering with his opinions, because we will be facing the phenomenon of intellectual terrorism, which has a greater effect than physical terrorism.
Accordingly, the issue of intellectual terrorism is one of the most vital topics and has a great impact, as its danger threatens security and public order in society at the national and international levels, but it is one of the topics that are few addressed, as it did not attract the attention of writers and researchers, despite its complexity and the multiplicity of its patterns and methods, as its wide types and effects occur in our daily lives of strife and sectarian wars, and the spread of extremism and extremist ideas, as well as incitement to violence, to which the visual media contributed. audio and read, as well as contributed to education curricula, lectures and religious discourses, and that religious doctrines and symbols have a role in fanning the fires of intellectual terrorism or in extinguishing them, because of their prominent impact on the lives of individuals and their behavior, and this is what we will address through our study of intellectual terrorism and the role of international legal mechanisms global and regional charters, conventions, covenants and national legal mechanisms of constitutions and legislative and judicial means in addressing it.

This research attempts to explore the evolutionary process of modernity by entering into the discussions of postmodernism in contemporary Western political thought related to ultramodernity of which Lipovetsky represented one of its pillars by his attempt to demonstrate the integrative and interconnected series of a group of concepts that cannot be isolated from each other. Individualism democracy secularism civil will and rational ethics are all in evolutionary synchrony with modernity itself and represented its foundations which underwent a qualitative shift due to ultramodernity and the change it exercised on these foundations.