Journal of Kufa legal and political science

Security, in its general sense, for the state means and represents the title of its civilization, keeping pace with the dimensions of development and the measure by which the extent of its belief in freedom, justice, and dignity is measured. Therefore, security enjoys a valuable and important position in every state and receives a large and appreciated share of attention and care. All of this is because the state's political, economic, social, and psychological stability has become dependent on its stability and the spread of reassurance and security in its regions. Therefore, it helps achieve prosperity and meet the basic and necessary needs of the human being. Security also plays an important and appreciated role in protecting the state's gains from class disasters and those made by man within its national borders. It is noted that the phenomenon of national security is linked as a subject of study and research in the social sciences system as a result of the events and facts of conflict at the international level represented in crises, wars, and various threats in addition to the crises that result internally and that challenge the behavior of the state. What is not absent from memory and action is that interest in the phenomenon of national security constitutes an integral part of it and is in no way separate from the importance that the national interest of the state enjoys. Among the most important pillars of national security are awareness and understanding of all internal and external threats, and developing strategies and plans to confront those threats by developing the most important joints of the state’s forces, securing all necessary capabilities, and exploiting all the state’s economic, political, social, and security force.

International laws, represented by international agreements, resolutions, judicial rulings, principles of international law, and international custom, have contributed to establishing the protection of international waters and consecrating protection at the national level. They include national laws represented by the constitution, legislation, applicable laws, and judicial rulings to protect the water borders of riparian states and guarantee the state’s right and the right of individuals. From these waters, this study came to explain the national and international legislation related to protecting the water borders of the riparian countries. The analytical approach was followed to analyze the legal texts that guarantee the protection of the water borders of the riparian countries, and the comparative approach to compare what was stated in international and national legislation in order to explain the legal principles and foundations that This protection is based on, Several results were reached, including that all international agreements and resolutions referred to the principle of equal distribution between these riparian countries, as well as not harming the interests of other countries. These decisions and agreements contributed to resolving existing disputes based on the distribution of border waters to the riparian countries, and we also reached Several recommendations were made, including that the international rules on which the Iraqi legislator relies in its relationship with neighboring countries, which revolve around the distribution of shared border waters, need more regulation to prevent the depletion of this water wealth and ensure its equal distribution.

The Iraqi legislator has allocated special provisions to pre-emption and made it a reason for acquiring ownership and a means to reduce the number of partners in joint ownership, by giving the right of pre-emption to the partner in the joint property to get rid of the procedures and expenses required for dividing the joint property. The Iraqi legislator has specified in Article (1129) of the repealed Iraqi Civil Code the persons who are proven to have the right to take pre-emption, namely the partner in the joint property, the mixed party, and the adjacent neighbor. It is noted that the above text was stated absolutely when it stipulated that the partner in the joint property has the right to take pre-emption, and in this it is consistent with the provisions of Islamic jurisprudence. It is noted that the absoluteness contained in Article (1129) of the Iraqi Civil Code came from two aspects, the first when it stipulated that the partner in the joint property has the right to take pre-emption, and thus the right of pre-emption is proven here for the partner in the property whether the joint share is sold to the partner or to someone other than the partner. However, this generality contained in Article (1129) of the Iraqi Civil Code has been restricted by the text of Article (1132) of the Iraqi Civil Code, which stipulates that “if the buyer of the pre-empted property has met the conditions that make him a pre-emptor, he is preferred over the pre-emptors who are of his class or of a lower class, but he is preceded by those of a higher class.” Thus, the right of pre-emption for the partner in the common property is not proven to him unless the common share was sold to a foreigner and not to the other partner in the common property, and due to the lack of jurisprudential or legal studies on the effects resulting from the contract of pre-emption.

Food security is one of the most important basic requirements for a state that enables it to live in self-sufficiency and provide the basic needs of citizens. In addition, it is considered one of the most important basic standards for the advancement of states and their good planning and management. A successful state is a state that seeks to provide and guarantee its food security, and provide for the needs of its citizens. necessary and to develop the necessary plans to secure these needs in normal and exceptional times.

Definition of a cancellation suit: A lawsuit in which the appellant requests that the administrative judiciary review the legality of an administrative decision and rule to cancel it if it is proven to be illegal. Elements of a cancellation suit: Plaintiff: Natural person (full capacity) / Legal entity
Defendant: The administration (represented by the natural persons in charge of it)
The subject of the lawsuit is an administrative decision issued by the unilateral will of the administration that has legal effects.
Resolving authority: The administrative judiciary.

Federalism is a political and administrative system that aims to achieve a balance between central and local authorities, ensuring human rights and fundamental freedoms. This research explores the features of the federal system and its role in promoting human rights through three main sections: The first section addresses the general concepts of federalism in Arab and Western jurisprudence, while the second section focuses on the theoretical foundations of the federal system, such as the people as the source of authority, the social contract, and the division of powers. Finally, the third section reviews the characteristics and performance of federalism in modern Western systems. The research demonstrates how federalism contributes to strengthening democracy and preventing the concentration of power, with recommendations for adapting its principles to different systems.

This study dealt with modern scientific technical means and their role in the process of extracting criminal evidence and criminal proof, as the principle of freedom of criminal proof allows the use of modern scientific techniques, but this use results in violating the sanctity of the body and attacking the privacy of people who should not be touched and violated. This privacy is one of the most important human rights guaranteed by law. Therefore, this legal study came to reach a solution that maintains the balance between the interest of society in combating crime and the interest of the individual to keep his basic rights protected. The subject of research is also constantly and continuously renewed, and criminal evidence methods quickly change from time to time and from place to place in order to keep pace with the rapid development of technology that has included all areas of life, including the commission of crimes. Modern scientific techniques have diversified and their divisions have multiplied. Some of this evidence is derived from the human body, such as genetic fingerprints, and some are used secretly, such as photography and audio recording. Note that I did not address all types of modern scientific techniques, but rather focused on the most commonly used ones and also on the evidence that raises some problems.

This research addresses formal requirements in commercial documents under Palestinian legislation, comparing it to Jordanian legislation. The study aims to clarify the precision and clarity of legal provisions concerning the formal conditions of commercial documents and the consequences of their violation. Comparative analytical methodology was employed to compare legal texts in Palestinian and Jordanian legislation, referencing legal doctrine and interpreting relevant provisions. The findings reveal that the Palestinian Draft Commercial Law adopts a stricter approach to formal requirements, enhancing trust and protecting rights. However, this rigidity may pose additional barriers to daily transactions—conversely, the Jordanian Commercial Law No. (12) of 1966 demonstrates greater flexibility in addressing minor formal errors, facilitating the circulation of commercial papers but potentially increasing the risk of legal disputes. Both legislations safeguard the rights of bona fide holders, though differences in the specifics of liabilities exist. The researcher recommends reviewing the Palestinian Draft Commercial Law to balance rights protection and practical considerations, amending legal provisions to avoid ambiguities in terminology, and introducing greater flexibility for handling minor issues that do not affect the substance of obligations. Furthermore, the study suggests incorporating legal provisions for issuing blank commercial papers and subsequently completing their details, along with conducting additional comparative studies between Palestinian legislation and other jurisdictions to adopt global best practices in regulating commercial papers.

ISIS crimes in Speicher and Saqlawiyah are classified as war crimes, crimes against humanity, and genocide. The Speicher crime is a clear example of genocide because the organization targeted a specific group (Iraqi Shiite soldiers) with the intent to destroy them. The organization killed an estimated 1,700 Iraqi soldiers. ISIS also flagrantly violated international laws of war, especially the Geneva Conventions. ISIS war crimes include the Speicher and Saqlawiyah massacres, and the use of internationally prohibited weapons. The Saqlawiyah crime is a clear example of a crime against humanity, as ISIS used chlorine gas against soldiers besieged in the Saqlawiyah area. An analysis of the elements of international criminal responsibility indicates that the Speicher and Saqlawiyah crimes include material and moral acts that constitute war crimes and crimes against humanity. Physical acts include murder, torture, and kidnapping, while moral acts include criminal intent, i.e. the intention to harm victims because of their sectarian affiliation. The research has shown that it is difficult to prosecute the perpetrators of the Speicher crime, for several reasons, including the large number of perpetrators, the constant change in their identities, and the rapid movements of the organization. Article 50 of the Iraqi Penal Code is considered a powerful legal tool to hold accountable all those involved in the Speicher and Saqlawiya crimes, as it emphasizes the principle of partnership in the crime and prevents any individual from escaping punishment on the pretext that his role was secondary. However, the shortcomings of national legislation and Iraq’s failure to join the Rome Statute of the International Criminal Court pose a major challenge in prosecuting the perpetrators of the Speicher and Saqlawiya crimes, not to mention that Iraq can resort to the Security Council, based on Article 13 of the Statute of the International Criminal Court, to request that these crimes be referred to the International Criminal Court.

International sanctions are tools used to pressure states or entities that do not comply with international law, and are usually linked to decisions of the United Nations Security Council under Chapter VII of the UN Charter. However, states or regional organizations may impose sanctions outside the framework of the Security Council, raising questions about their legitimacy and the obligations of other states to implement them. Sanctions imposed by the Security Council are binding on all member states under Article 25 of the UN Charter. Sanctions outside the Security Council are based on national laws or consensus among states, making the compliance of other states not legally binding but potentially politically effective. Some states (such as the United States and the European Union) impose sanctions unilaterally or in cooperation with regional partners to achieve political or economic objectives. These sanctions may conflict with the principle of national sovereignty and international law if they are not based on clear international decisions. They may be considered unlawful interference in the internal affairs of other states. They may lead to legal disputes in international forums. States may face the challenge of balancing their international legal obligations with bilateral relations with the sanctioning states In the absence of a binding international mechanism to assess the legitimacy of these sanctions, their impact remains dependent on the economic and political power of the countries or blocs imposing them, which makes them a controversial tool in international relations.

Smart robots are described as not just traditional machines that perform repetitive industrial tasks automatically, but rather as smart machines that rely on themselves without human intervention and perform tasks and work with independent individual decisions, which requires recognition of their special legal status that is completely different from the traditional legal status. Therefore, the European Parliament went to the need to grant them a legal status that is consistent with their practical nature. The European proposal referred to the theory of the human representative, the purpose of which is for the human representative to bear civil liability for damages committed by smart robots while performing their tasks because they do not have legal personality and do not have management and awareness to reach the stage of bearing responsibility. Therefore, the European Parliament proposed the idea of granting them electronic personality as a modern legal description and in order to relieve the burden of responsibility on the human representative, but it is a description that is still vague and deficient, and lacks a fertile legislative environment. Modern legal theories are a starting point for Considering the legal of intelligent robots.

Sudan has been experiencing a political crisis since 2021, following the dissolution of the civilian government and the military's takeover of power. This has resulted in severe consequences that have affected various regions across the country. The conflict began as a struggle between the Sudanese Armed Forces and the Rapid Support Forces over the protection of Sudan's political interests after the ousting of Omar al-Bashir. However, it escalated into internal conflicts involving multiple parties, with tribal militias playing a significant role.The ongoing conflict in Sudan has raised regional and international concerns. The involvement of major powers, particularly the United States, cannot be overlooked, alongside fears of an escalating humanitarian crisis due to shortages of food, water, and medicine.

Money laundering is a phenomenon that has had a negative impact on various economic, political, social and security levels due to the interconnectedness of its elements and the multiplicity of its effects on the global level due to the impact of trade, globalization and the freedom of money transfer, in addition to the multiplicity of countries that are classified as safe havens for money launderers. In addition, the possibility of money laundering spreading has increased in countries that suffer from instability and successive changes in governance systems, especially forced changes that occur as a result of the use of violence, as there are no accountability, accountability and monitoring systems for public money due to the lack of institutionalization of the idea of state-building institutions and the lack of transparency in government operations. It is not surprising that this crime (or phenomenon) has spread in countries that are going through stages of democratic transition, which leads to the weakening of social, political and legal institutions. The crime of money laundering is the behavior adopted by criminals to ensure the benefit of the financial proceeds resulting from their criminal acts, which undoubtedly results in the depletion of the economies of countries and thus destabilizing their internal security. In order to understand the nature of the crime of money laundering, we must know the concept of money laundering in the language, Islamic jurisprudence and law, with a statement of the forms and characteristics of this crime and the stages it goes through.