AL-Sharaa journal for legal and administrative studies

Judicial jurisprudence is considered one of the most important pieces of jurisprudence necessary when issuing judicial rulings and decisions in cases presented before the competent judge, when legal texts are missing within the applicable law, when they are ambiguous, or when there are signs of deficiency and deficiencies in them.
Many judicial authorities have decided to resort to judicial jurisprudence, when there is a lack of legislative text to rule according to it, for the purpose of filling the legislative deficiency or the ambiguity that accompanies it in the cases presented before the competent judge, but with specific limits and controls, the most important of which is taking into account the laws in force.

The distinctive features of artificial intelligence systems, such as awareness, automatic understanding, and modern independence, far from supervision, interference, and human control, represent a reflection on the application of public systems of civil responsibility towards them in accountability and compensation for the damages caused to individuals, It was not expected for the legislator or legal scholars previously to demand the creation of legal adaptations or special rules for the responsibility of devices and machines that were thought to be inanimate objects, but it turned out that they carry intelligence, awareness, and independence in actions that enable them to imitate human intelligence at times and surpass it at other times in what they do. Tasks and actions that paved the way for legal scholars to demand that these smart applications be granted (legal and civil personality) on a par with natural and legal persons due to the characteristics that characterize them, which make them as close as possible to the human race and different at the same time from the rigid devices and machines that we previously knew and which we used to carry under. These traditional machines absolve him of liability if damage occurs Therefore, the scope of responsibility of these smart systems may be different if they made a mistake or went rogue or if their assessment of behavior was inaccurate and caused harm to others due to the independence they enjoy in their actions. Therefore, this study came to shed light on these issues and hypotheses under the title (civil liability arising from... Applications of artificial intelligence) and to discuss the suitability of the traditional theories of civil liability stipulated in the civil law, especially the rules of liability based on personal consideration, the liability arising from guarding things and the actions of others, and the producer’s responsibility for defective products of the application with the damages caused by smart systems And discussing the new theories that the European legislator came up with to compensate for the damage caused by these systems. This study reached a set of results and proposals that we hope the legislator will take into consideration.

An administrative lawsuit is a personal right granted to an individual under the force of law, through which he can use the authority of the judiciary to protect his rights and interests from the abuse of the public administration authority.
The administrative case represents a legal relationship between two people, the plaintiff and the defendant, but sometimes the Anyone other than someone who has a known and specific interest in the case has a role in the dispute before the administrative judiciary, whether this interest is direct or indirect, so the mother is included in this matter. The case is a third party in the case for the purpose of protecting its rights.
The third party's entry into the lawsuit may be an adversarial entry, by joining one of the two parties to the lawsuit, or adversarial if he is fighting one or both of them together, and adversarial entry is the subject of this research .

The question is raised in this study about the scope of immunity and its impact on the application of international criminal justice and the legal foundations that national courts can rely on when considering international crimes and the legal justifications governed by international legal jurisprudence as a reserve legal source of law based on the provisions of Article 38 of the Statute of the Court International Justice to exclude immunity from foreign state officials when considering crimes committed by them before national courts. Are they considered unofficial acts and thus depriving those accused of those crimes of immunity, or are they committed in an official capacity, but that does not prevent their crimes from being considered for other legal grounds and justifications.

Smart weapons represent the most dangerous technological development to humanity, as these weapons possess semi-independent authority to make decisions to strike targets. The reality indicates that many countries have begun to use this type of advanced weapon, which is considered a deadly weapon, and from here the concern began. The international community regarding this type of weapon that kills and destroys through the electronic mind it possesses is designed and programmed to carry out work and strike targets on its own. These concerns have made international jurisprudence and international law experts engage in discussions about the international responsibility of users. And the manufacturers and programmers of these weapons, and the extent of application of the rules, principles and texts of international law that prohibit lethal weapons or prohibit the use of means and methods of fighting that are more dangerous and cause harm to humanity, and from here came the idea of researching international responsibility resulting from the use of smart weapons, and this is what we will explain in the body of the research according to The scientific plan prepared for this purpose.

The crime of sedition and the exploitation of religion to promote extremist ideas involve using religion as a means to achieve specific political or social goals, usually by stirring divisions and tensions within society. This type of crime is often executed through the dissemination of misleading or extremist religious messages, inciting individuals to hatred and violence in the name of religion. The significance of this study lies in raising awareness of the concept of intellectual crime through the exploitation of religion as a means to pursue personal interests in the political realm. It observes the evolution of this intellectual crime throughout the ages and the stages of political developments that swept the world, altering the characteristics of governing systems in certain countries under the guise of religion. It addresses the establishment of purely religiously labeled states, where religion becomes, in the eyes of some, a banner or a tool to conceal the promotion of specific viewpoints and opinions. Nations and intelligence agencies have exploited it to manipulate the futures of countries, spread chaos, and change their governing systems, all under the guise of being thinkers distant from any religious interests. This goal can be achieved through various means, including media, social media, and even religious sermons and lectures. The exploitation of religion in this context involves manipulating religious beliefs to serve specific agendas, leading to the distortion of the image of religion and turning it into a pretext for violence and extremism. Combatting sedition and the exploitation of religion is vital for maintaining societal security and promoting tolerance and peaceful coexistence. It requires collaborative efforts from governments, religious institutions, and civil society to counter extremist ideas, verify the authenticity of religious messages, and promote the values of tolerance and coexistence.

Water negotiations are among the most difficult and complex international negotiations between upstream and downstream countries, due to the importance of water as it is the source of life on Earth, while water resources represent the real power of many countries, and the source of their political and economic stability, therefore; The issue of water has become a topical issue in the world, especially among the riparian countries, such as in the countries of the Nile River Basin and the countries of the Tigris and Euphrates river basins, as one fifth of the world’s population suffers from a lack of water provision, and future wars are related to controlling water sources.
The emergence of conflicts between many countries is a result of the failure to resolve the outstanding water issues between them due to the upstream countries’ control of water quantities at the expense of the downstream countries, the establishment of various projects, such as new dams or rivers, or the diversion of their flow to other areas without referring to them, and the failure to adhere to international norms and treaties that Regulates the rights of riparian states.
For decades, Iraq has been facing major challenges in the quantities of water crossing its borders as a result of the control of the two neighbors, Turkey and Iran, over the sources of the rivers before they enter Iraqi territory, and the large projects undertaken by them of various kinds on those sources, and their significant impact on the overall life in Iraq, and the laxity or neglect of those two countries. From activating the old agreements and protocols signed between them or refraining from signing new agreements that determine the proportions of water quantities entering Iraq.
Iraq has entered into multiple negotiations with those two countries over the past decades, but they have not resulted in any signed agreement except for some facilities and the signing of minutes of meetings and memorandums of understanding that it presents when water becomes scarce for diplomatic courtesy and before official delegations visit, for fear of harming its economic interests in Iraq.

The World Health Organization (WHO) worldwide promotes the highest attainable standard of health for animals, plants, herbs, fish, whales and much of the natural resources we know how important they are in distant orbit The World Health Organization (WHO) is the United Nations health agency with 194 Member States; The organization's mission is to promote health and maintain the integrity of biodiversity environmental health ", five core disciplines generally contribute to environmental health: Environmental epidemiology, toxicology, exposure science, environmental engineering, and environmental law. Each of these disciplines contributes to different information to describe problems and solutions in biodiversity health, but there is some overlap between them.
WHO studies environmental epidemiology, and the relationship between environmental exposures (including exposure to chemicals, radiation, microbiological agents, etc.) that affect biodiversity. Where you monitor exposures to biodiversity, because the inability to use experimental study designs is a constraint on environmental epidemiology, this specialization directly observes the effects on biodiversity continuity correctly rather than assessing the implications of studies on biodiversity. In addition to multilateral conventions, such as the Convention on Biological Diversity, the Trips Convention and the FAO International Treaty, with a view to preserving biodiversity.

The principle of prima facie is not an end to which the law aspires to achieve equality before it as much as it is a procedural means to achieve a higher goal, which is the right to defence. This principle is considered a procedural principle of the law, the origins of the rights of defense, so judicial litigation seeks to know the truth, which depends on the parties confronting each other with evidence. Available, which makes this principle in itself of great legal value, as the rights of defense are among the most important human rights, and they are closely linked to the right to litigation, as this last right cannot be exercised effectively without the rights of defense, because the lawsuit is the means of exercising the right to Litigation defense. It is rare to find a legislative definition of the right to defence. One of the first procedures used to end a judicial dispute is the summons to appear as a type of official notification. This naturally responds to jurisprudential considerations, as it means the right of the opponent to know about the dispute. The summons to appear is the form of confirmed knowledge or Judgmental knowledge, according to which the defendant knows that there is a case filed against him before the court, and if what is meant by evidentiary knowledge is the opponent’s knowledge of the documents, then the legislator obliges the plaintiff to inform the defendant of all the documents on which he bases his claims, and they will not reach him except through an official notification through which he can be identified. On the true source of his opponent's allegations.
Even if the knowledge that guarantees the establishment of prima facie is actual knowledge or the possibility of knowledge, the Iraqi legislator obliges that the means of informing the defendant be only through an official announcement by a public official, namely the court clerk, and that this announcement be in his country of origin, and if There are multiple defendants, all of them must be notified, even if the defendant had previously been informed, this is not permissible. It is not a substitute for the necessity of notifying his heirs or whoever takes their place in the event of his death, loss of his legal capacity, or loss of his capacity to initiate procedures on his behalf. Although the essence of the assumption is full knowledge of all the elements of a civil dispute that knowledge is required, the condition is that the announcement directed to the opponent includes the claim. Which would be a reason for him to stand before him.

Studying the principles of international environmental law and international humanitarian law shows the direct relationship between protecting the human environment, respecting human rights and his right to live in a healthy and sound natural environment. Just as international human rights law and international humanitarian law have some points of convergence and difference, they both represent part of international law. General, and perhaps it is possible to note the possibility of integrating the two laws at specific points, including protecting the environment in times of armed conflict, because many of the principles of international environmental law are part of customary international law, and the customary principles of international law take on a general nature that is not restricted to a specific time.

The legal adjustment of the facts is one of the most important and difficult topics facing the judge in general, as the adjustment focuses on the fundamental legal issues raised in the case, which are shaped by the plaintiff’s request, then the facts that he presents to support his request, as they are considered the basic point from which the judge can start in his reasoning, and its aspects must be carefully taken into account. Accurate analysis of its characteristics, as the judge’s work is of a dual nature, some of which is considered legal work subject to specific controls, and some of it is considered discretionary work embodied in the judge’s mental effort to apply the will of the law to the case presented to him, which is known as adaptation.
The research highlighted the legal regulation of wrongful adjustment in civil lawsuits by examining its nature through researching its concept and distinguishing it from similar situations, as well as addressing the effects of wrongful adjustment on the court’s jurisdiction, whether qualitative jurisdiction or spatial jurisdiction.

We conclude that there are two aspects to Iraq’s interference in the American-European balance in the Middle East. The first is clear and direct and describes Iraq’s contribution to the competition for hegemony in the Middle East.
As a result, it will achieve a balance between them, as neither party will recognize the other party’s hegemony or exclusivity in the region, and Iraq will be seen as the gateway to this hegemony, while the second is calmer and works to enhance the maintenance of global hegemony and expand the individual’s sphere of influence.
Accordingly, we conclude that Iraq has had strategic importance from ancient times until contemporary history among major civilizations and countries, regionally and internationally, and because of the material and moral factors and foundations, Iraq has become more vulnerable to external ambitions and the ambitions of countries of the entire world, in addition to the fact that the material foundations are considered an attractive element for greed.
While the other aspects, despite their negative effects on the importance of Iraq, are considered an important introduction to the unstable environment that enables major ambitions to reach their goals and exploit internal pressures, and therefore it becomes clear to us that Iraq was part of the strategy of multilateral employment to achieve geopolitical goals, away from private interests. Economic, is to achieve balance globally and regionally by continuing to control it in various ways due to its geopolitical importance to remain competitive in the Middle East and not achieve political stability, with the aim of remaining dispersed in line with external interests in the Middle East.

Thinners that are sold in some shops and herbal perfumes are one of the most dangerous drugs that affect human health, especially in Iraq. The use and sale of these substances has increased, especially among young men and women who suffer from obesity, and what often affects these substances is the method of preparing this thinner and the quantities. Which is placed in it and is not subject to experimentation, as it may lead to damage to some body functions of the user or lead to his death.
Mostly, these thinners are sold without the supervision of the competent authorities in the country and there is no manufacturing company, so they are banned by herbalists, that is, those who sell herbs. Due to the lack of culture that they possess, some people buy these materials with the aim of reducing their excess weight, which may cause them serious symptoms that may occur. It leads them to death.
From the standpoint of responsibility, it is necessary for the competent authorities to take their role in holding these sellers accountable, and it is the responsibility of the person harmed by these materials to review the competent courts for the purpose of claiming compensation for what he suffered as a result of the damage he suffered. If the seller’s negligence is proven, he must pay compensation to the affected person and to his heirs if the use of this deviant leads to the death of the patient.

Thinners that are sold in some shops and herbal perfumes are one of the most dangerous drugs that affect human health, especially in Iraq. The use and sale of these substances has increased, especially among young men and women who suffer from obesity, and what often affects these substances is the method of preparing this thinner and the quantities. Which is placed in it and is not subject to experimentation, as it may lead to damage to some body functions of the user or lead to his death.
Mostly, these thinners are sold without the supervision of the competent authorities in the country and there is no manufacturing company, so they are banned by herbalists, that is, those who sell herbs. Due to the lack of culture that they possess, some people buy these materials with the aim of reducing their excess weight, which may cause them serious symptoms that may occur. It leads them to death.
From the standpoint of responsibility, it is necessary for the competent authorities to take their role in holding these sellers accountable, and it is the responsibility of the person harmed by these materials to review the competent courts for the purpose of claiming compensation for what he suffered as a result of the damage he suffered. If the seller’s negligence is proven, he must pay compensation to the affected person and to his heirs if the use of this deviant leads to the death of the patient.

No matter how much confidence there is in the judge’s integrity, the nobility of his morals, and the discipline of his behavior, he remains a human being, and what happens to all people may occur from error, forgetfulness, judgment, or delay, and this leads to failure to achieve the judge’s primary goal, which is to achieve the right.
These concerns have existed among legislators since ancient times, so they adopted specific remedies for their possible existence, including sometimes harsh penalties against erring judges, and approved specific measures to avoid damages resulting from their errors, in order to establish principles of justice and fairness and to support people's confidence in the judiciary.
Many modern legislations also aimed to enact legal rules that regulate how to verify errors attributed to judges when carrying out their judicial duties that harm litigants, and to determine ways to hold them accountable, taking into account the necessity of balancing what the rules of civil liability impose on the person causing the damage in terms of compensation. The injured person. What the principle of judicial independence requires in terms of protection and immunity for the judge in a way that guarantees his integrity and justice.
We note that there are several forms of the judge’s refusal to fulfill the right, including the judge’s refusal to respond without a legitimate excuse to a petition submitted to him, or delaying what is required in this regard without justification, or the judge’s refusal to see the case prepared for the case and decide on it after his turn comes without an acceptable excuse. The judge also does not accept the arguments that follow: ambiguity of the law, loss of the text, or non-existence. These forms of abstention have become stable in various modern legislations, so they require clarifying the abstention from realizing the right and precisely defining its limits in terms of the forms, procedures, and effects that result from them.

The judiciary is constitutionally and legally empowered to resolve civil disputes arising between individuals, issuing judgments representing the justice and sovereignty of the state. However, not all issues or disputes need to be resolved through the judiciary; there are other means for resolving conflicts between parties. Mediation is one of the alternative methods applied to disputes, where a neutral third party intervenes to settle the dispute by agreement of the parties or by court order. Mediation has been recognized by ancient societies and adopted by Islamic law and other divine laws for dispute resolution. It is an optional and amicable means of conflict resolution, carried out by a neutral third party, the mediator, who aims to assist the parties in reaching a mutually satisfactory solution. To achieve this goal, modern legislation has been enacted in advanced countries, including a new mechanism for dispute resolution known as judicial mediation. Mediation is considered one of the most appropriate alternative methods for settling civil disputes due to its many positive attributes, including allowing the disputants themselves to participate in resolving and ending the conflict within a short period, thereby ensuring their satisfaction with the settlement outcome and voluntary implementation of the agreed-upon settlement. However, the scope of applying the judicial mediation system does not cover all issues and matters to prevent the loss of the judiciary's role in this field. There are matters related to public order and morals where judicial mediation is not permissible.

The Administrations, with their competence in most countries, seek to evaluate the behavior of the public employee in the best evaluation of being their representative and work to deter and reform the violating employee through the penalties imposed on him by the legislator and subject to the rule of no penalty except by text.
The legislator in Iraq, which determines those penalties, has taken two paths, the first in which he specified the original disciplinary penalties, which are imposed based on the provisions of the "Law on the Discipline of State and Public Sector Employees No. 14 of 1991, as amended", while the second is that it stipulated ancillary disciplinary penalties, and the dependency here is either to be linked to the original disciplinary penalties or be the result of the imposition of criminal penalties on the employee, and in both cases they are imposed by force of law and increase in gravity by increasing the gravity of the penalty Original discipline.

The conflict in Ukraine has reverberated around the world, affecting geopolitical dynamics in unexpected ways. Among the affected countries, India and China, the two major Asian powers, find themselves navigating a complex web of diplomatic challenges and strategic recalibrations. This article explores the multifaceted impact of the Ukraine crisis on the India-China relationship, delving into the political, economic and strategic dimensions. The Ukraine crisis has put India and China in a delicate diplomatic balance. Both countries have followed non-alignment and refrained from openly taking sides in international conflicts. However, escalating tensions between Russia and Western powers over Ukraine have strained this neutrality. India, traditionally close to Russia, is facing pressure from its Western allies to denounce Russian actions. At the same time, China, with its strategic partnership with Russia, cautiously supported Moscow's position.
This difference in positions on the Ukrainian issue has led to a degree of friction in India-China relations. India's alliance with Western democracies on certain aspects of the Ukrainian crisis has raised eyebrows in Beijing, leading to concerns about India's intentions and its long-term partnership with Russia. Conversely, China's unwavering support for Russia has raised questions in New Delhi about Beijing's commitment to regional stability and its willingness to respect India's strategic autonomy. The Ukrainian crisis also affected economic relations between India and China. Both countries are major consumers of energy resources, and the conflict has disrupted global energy markets, leading to fluctuations in oil and gas prices. India, which relies heavily on energy imports, faces the challenge of mitigating the economic fallout from rising energy costs. As a major energy producer and consumer, China has sought to leverage its economic clout to secure stable energy supplies amid the turmoil.
Moreover, the turmoil caused by the conflict has prompted India and China to reevaluate their trade and investment strategies. With supply chain disruptions and uncertainties in global markets, both countries are exploring ways to diversify their economic partnerships and reduce reliance on vulnerable trade routes. This quest for economic flexibility may lead to renewed efforts for bilateral cooperation between India and China, especially in sectors such as infrastructure development and technology transfer. From a strategic perspective, the Ukrainian crisis has consequences for the security calculations of India and China. The conflict has highlighted the fragility of the international system and the risks of escalating tensions between major powers. In this context, both India and China are concerned about being drawn into a broader geopolitical confrontation that would undermine their security interests. For India, the Ukrainian crisis highlights the importance of maintaining a balance between its relations with Russia and the West. New Delhi seeks to maintain its strategic independence while protecting its national interests in a volatile global environment. Likewise, China is keen to avoid isolation diplomatically and seeks to protect its expanding interests in regions such as Central Asia and the Middle East. The Ukraine crisis has injected new complexities into the relationship between India and China, testing their diplomatic acumen and strategic foresight. While the conflict has strained certain aspects of their bilateral relations, it has also created opportunities for dialogue and cooperation. As India and China navigate the fallout from the Ukrainian crisis, they must tread carefully, keeping in mind the need to support stability, promote economic prosperity, and protect their national interests in an increasingly uncertain global order.

In the modern era, the use of drones in the military field has become more complex and diverse. It is used by armies for the purposes of espionage, reconnaissance, bombing, and directed air attacks. Drones are an effective tool in combating terrorism and achieving air dominance.
The use of drones in the military field has greatly impacted. Drones can provide accurate intelligence and deliver precise strikes on military targets. However, their use raises some challenges and controversial issues, such as privacy, ethics, and impact on civilians.

As is the case in all contractual agreements, legal disputes may arise from government contracts. Most of these disputes typically revolve around the financial consideration, which represents one of the contractor's rights when dealing with the administration. The management's actions are generally governed by specific rules, particularly administrative law rules. It is essential that disputes involving the financial consideration are carefully resolved, and the relevant judicial authority, especially the one designated to handle these disputes, should do so in line with the legislator's intent.
The funds managed by the administration are public funds, which require a great deal of care and diligence in handling. Additionally, the administration's pursuit of the public interest cannot be left to the discretion of an unspecialized and unfamiliar judge who might not be well-versed in administrative work. There is a risk that their decisions and judgments will deviate from achieving the common good and lean towards safeguarding the rights of contractors dealing with the administration.
The most recent update of the Iraqi State Council Law did not introduce significant changes in the jurisdiction of the administrative judiciary or establish a separate chapter for resolving government contract disputes. Nevertheless, most of these disputes involve decisions issued by the administrative authority after the completion of the contract, and they are separate from the contract terms themselves. While Iraqi legislation does not explicitly prohibit administrative courts from handling these cases, the prevailing jurisprudential approach supports the right of the administrative judiciary to adjudicate these disputes, given that the logic favors the specialization of administrative courts in this regard

Studying the concept of genetic imprinting was accompanied by great difficulties in ancient or medieval human societies or in the Renaissance era, whether these societies were secular or religious, because they did not adopt it as a general system and even science had not yet arrived. We discover that the meaning of denying blood is denying the blood of a newborn to its father. If it is proven This denial has no relation to the human being and the people to which he belongs. The human genetic imprint is the origin of all genetic marks present in the fetus since its inception and formation.
According to biomedical research, genetic fingerprinting has a unique set of properties and benefits that distinguish it from other important medical discoveries. The application of genetic fingerprinting in investigations, criminal procedures, and civil cases has brought about a qualitative transformation. Despite its novelty, its conclusive significance in the field of searching for evidence, and its credibility. The large analysis results made its applications quick and included multiple and broad fields, such as its use in lineage and nationality.
The Iraqi judiciary adopted the technique of genetic fingerprint analysis in the absence of a legislative text on this issue, and saw that genetic fingerprint analysis involves the work of experts, while general expert work, including the results of genetic fingerprint analysis, is nothing more than evidentiary evidence, and the evidence is It is at the discretion of the judicial authority, and it does not have definitive significance at the level of proof, because there is no text that gives a definitive meaning to the experience at the level of proof.

Since 2011, the Arab regional situation has witnessed important changes that resulted mainly from the Arab Spring revolutions that shook the Middle East region, and spread from one country to another, and regimes that continued to exist were overthrown. Over the course of decades, such as the regime of Zine El Abidine in Tunisia, Hosni Mubarak in Egypt, and Muammar Gaddafi in Libya. The Syrian crisis began on March 15, 2011, and the crisis was heading towards further escalation and complexity, and because regional and international interventions in the Syrian conflict exacerbated the state of chaos and lack of stability in the region and placed difficulties in the chances of reaching a political solution that would end the fighting and put an end to the conflict in Syria, the influence of The conflicting local parties decide the outcome of the conflict, and in turn, the interests of the conflicting regional and international parties have become the most important factor in determining its fate. Among the most important of these parties are Russia, the United States, Iran, Turkey, and Iraq. In addition to the crisis of the influx of Syrian refugees to the neighboring countries of Turkey, Lebanon, Jordan, and recently to European countries, with the resulting political crises, security and economic challenges, as well as the severe humanitarian suffering of the refugees. International interventions also led to increased divisions in the Arab position and a state of fluctuation in alliances and axes in the region, and the Arab region continued to receive these influences negatively and without having a clear strategy for response or adaptation, whether at the level of each Arab country or at the national level as a whole. From here, the role of Arab actors began
To begin with, the Arab countries did not move effectively in response to these situations, at least to the extent required of them in the face of external interventions aimed at ostensibly settling Arab conflicts, which carries within it the seeds of assault on the sovereignty of Arab countries and interference in their internal affairs.

After 2020, China strengthened its influence in the Middle East through economic diplomacy, in order to secure its supplies of energy and natural resources and strengthen its position in the region. This strengthening was represented in a number of initiatives and measures, including Launching the Belt and Road Initiative Focus on investing in the energy, infrastructure and manufacturing sectors In addition to enhancing trade cooperation between China and Middle Eastern countries, the volume of trade between China and countries in the region has increased significantly in recent

International judiciary and the rulings it issues are among the means upon which the international community depends. Establishing an international judiciary to which all states are subject is considered indispensable in order to achieve and protect international legitimacy, by providing protection of the interests and values that concern the international community and punishing actions that constitute a violation of them. , through the role played by the International Court of Justice and the International Criminal Court, to adjudicate international disputes and violations of the rules and principles of international law.

Non-international armed conflicts are increasingly prevalent in many regions around the world, necessitating effective intervention by the international community to ensure peace and protect civilians. This research focuses on the role of peacekeeping forces in non-international armed conflicts, evaluating their effectiveness and impact on the stability of affected areas.
The research begins with an overview of the nature of non-international armed conflicts, their characteristics, and complexities compared to international conflicts. It analyzes the traditional roles of peacekeeping forces, including monitoring ceasefires, protecting civilians, and facilitating humanitarian aid access. The challenges faced by peacekeeping forces in these contexts, such as the difficulty in distinguishing between combatants and civilians and the constraints on the use of force, are also highlighted.
The study relies on case studies of peacekeeping operations in regions such as Africa and the Middle East, evaluating the successes and failures encountered by these forces. The study reviews the measures taken by peacekeeping forces to reduce violence and promote dialogue between conflicting parties, as well as the impact of these measures on local security and stability.
The research illustrates that peacekeeping forces play a vital role in reducing violence and protecting civilians in non-international armed conflicts. However, it emphasizes the need for improved training and equipment for peacekeeping forces and increased cooperation with local and international organizations to ensure sustainable outcomes. In conclusion, the research provides recommendations to enhance the effectiveness of peacekeeping forces, such as improving coordination between various parties and increasing the resources allocated to these operations.

Bitcoin has grown significantly and rapidly in recent times. It occupied a large area of the virtual currency trading markets with amounts exceeding more than 2 trillion dollars. It attracted many institutions and individuals to engage in dealing in this type of encrypted virtual currencies. Despite some of the advantages that this virtual currency carries; It involves many risks in terms of monetary and economic policy, money laundering, and the financing of terrorism and extremist groups. The Central Bank of Iraq has banned this type of currency due to the high risks it entails. It attracts suspicious categories of dealers, and the large fluctuation in its market prices. The possibility of hacking, hijacking and sabotaging its electronic programs. Because it may be a conspiracy to sabotage countries' economies and prevent banks and their customers from dealing with it.

The exchange law, to which commercial papers are subject, included several guarantees for the fulfillment of the value of the commercial paper (the bill and the check), in order for its holder to be assured of obtaining its amount, and the commercial paper performs its economic function as a tool of fulfillment and credit. The most prominent guarantees provided by the Iraqi and Arab legislators to the holder of the commercial paper with the intent of protecting him is to collect its amount from the drawer’s debt with the drawee arising from a previous indebted relationship linking them, and according to this relationship and the drawee’s preoccupation with this debt, actually or in the future, is what is called “consideration for fulfillment.”
In order to realize the commercial papers (the safta) and its function as a tool of fulfillment, guarantee and credit, and (the instrument) as a tool of fulfillment, international and national legislations surrounded them with a fence of guarantees that make people deal with them. - And morphological solidarity), and corresponding to the (precautionary) agreement guarantees that arise at the will of the parties, represented by (reserve or personal guarantee - and the in-kind guarantee or the in-kind guarantees).
It is known ; The consideration for fulfillment arises from a previous indebtedness relationship that is independent of the commercial paper, and the legislator did not stipulate that the consideration for fulfillment be present with the drawee at the time of creating the bill, and there is no objection to withdrawing it without the drawee having the consideration, even if it is present after that until the maturity date, and the absence of it leads to To the drawee's refusal to accept and pay, and the drawer is not exposed to any penalty if he draws a bill on a person who is not indebted to him.
In reality ; There was no reference in the previous Trade Law No. (60) of 1943 to the “consideration for fulfillment” in the bill, however, Trade Law No. (149) of 1970 and the valid Trade Law No. (30) of 1984 allocate Articles (62-69) and thus It is a new change in the provisions of the commercial transfer.

The rights of a public employee are defined by peremptory rules that apply uniformly as general rules to all employees. This means that it is not permissible to agree on anything that contradicts them with this or that employee. Given that the principle of equality is not absolute, we may find diversity in the content of some rights, especially if It concerned some employees who were in a special position that differed from the general position applied to all employees.
The rights enjoyed by a public employee are limited to two frameworks: financial rights and non-financial (moral) rights, but the disciplinary crime in terms of its seriousness or in terms of the level of the employee who committed it and his job description, affects the drawing of the picture of the disciplinary punishment intended to be imposed on the employee, and determining the competent authority to impose it. And the limits of the guarantees that should be provided to him in the face of the decision to impose this penalty.

The medical profession is a humanitarian and scientific profession since ancient times, and the relationships that arise within its framework are both ethical and legal, and the practitioners of this profession, including doctors of various specializations, their assistants, pharmacists, public and private hospitals, and other workers in this lofty profession, must make efforts in their work to be conservative. On the patient's body and life. The latter, who puts himself at the disposal of the doctor and other workers in this field, needs legal protection from errors that may occur during the practice of medical work on him or on the occasion of this work. Which threatens his safety and puts his life in danger. These errors lead to civil liability on medical personnel if they cause harm to the patient or others. Liability may arise because of the medical equipment they use in their work. This liability differs in its ruling and legal basis if it is contractual and if it is negligent. Then it has its effects, and the penalty for this liability is compensation, which is preceded by the civil liability lawsuit itself.

Every legal system has limits that it occupies, and what falls within the scope of these limits is the scope of its authority and influence, and since the scope of the formal statute of limitations is the commercial paper, this means that its ruling does not apply to anything other than the commercial paper. If the commercial paper is a formal document, is it limited exclusively as an exception, or is it Legislations differed in their definition? It is also noted that the morphological statute of limitations applies to persons differently, each according to his position in the commercial paper. This pluralism in the statute of limitations for a single obligation in Arab legislation, such as Iraqi and Egyptian legislation, and Latin legislation, such as French legislation, is contrasted with the unity of durations in Anglo-Saxon legislation, such as British legislation, which requires analysis. The philosophy of each legislative approach is to reach what is closest to accuracy and consistent with justice.

Chinese foreign policy seeks to maintain world peace and promote common development. It calls on China to build a harmonious world in which lasting peace and common prosperity prevail, and to expand the framework of its strategic interests and its vision of current developments in the regions of the world, specifically the Middle East region. The Chinese state’s relations with the regions of the Middle East are based on mutual respect and resistance. Colonialism, strategic interests, non-interference in the internal affairs of countries in the region, and rejection of attempts to intervene by international and regional powers in the international arena.

The request to prove the status as a form of temporary urgent requests aims to prove a material condition that may not be possible to prove in the future, in order to use it to serve the substantive case related to the origin of the right. The request to prove the status was initiated in order to prove and maintain rights in the event that there is a fear of running out of time or disappearance. Its effects or loss of its features by the person with interest, so the request to prove the case has an essential role in revealing and preserving the right that is the subject of the dispute.

There may be a need to seek the help of a secret informant in uncovering some crimes whose commission is surrounded by a kind of secrecy, which may make it difficult for the competent investigating authorities to uncover their features and evidence and then reach their perpetrators without cooperating with some people in quickly uncovering these crimes, especially since some of the accused They may not easily admit to the actions they committed without being confronted with clear evidence, as the accused is not obligated to inform himself.

Parliament (the legislative authority) is considered to have the inherent jurisdiction to enact financial legislation, which is considered one of the rights that it gradually acquired throughout history. However, this jurisdiction was not absolute, but rather restricted by what is imposed by the principle of separation of powers approved by the Constitution, and these restrictions are either Judicial restrictions and the supervisory role exercised by the judiciary, examining the laws that are enacted in terms of their conformity with the Constitution, and repealing them if they are found to violate it, or restrictions imposed by the executive authority, given its right to object to the laws that are issued without referring to it, because it has the jurisdiction to present a project the law.

After we finished, with God’s grace and help, completing the research, which was dealt with under the title “Commitment to Media as a Basis for the Contractual Responsibility of Drug Producers,” which is one of the important legal issues, which raises many problems and jurisprudential and judicial differences. Here, we divided our research into an introduction, two requirements, and a conclusion. In the first requirement, we dealt with the concept of commitment to information in the field of medicine and its conditions, and we divided the requirement into two branches. We touched on the concept of commitment to information in the first section, and the conditions for adherence to information in the field of medicine in the second branch.
In the second requirement, we dealt with the content of the obligation to inform in the field of medicine and the legal basis, and we divided this requirement into two branches. The first section dealt with the content of the obligation to inform in the field of medicine And we talked to the legal basis for the obligation to inform about the medicinal product in the second section, and we ended our research with some results and recommendations.

The goal that the administration aims to achieve through the exercise of its control activity is no longer limited to the traditional, rigid form of enforcing laws and legislation, or achieving the maintenance of public order in society. Rather, this goal has evolved with the development of the axis around which it revolves, i.e. the idea of public order itself, and has come to take Other dimensions are not enough to achieve the stability of this system alone, as regulatory activity, after the expansion of the idea of the general system and its inclusion of new elements in addition to its traditional elements, has begun to contribute indirectly to the perpetuation of the environment and its resources through its regulation of human activities that take place in the water space in a way that transforms Without polluting it Or illegal exploitation of its resources through the administration’s monitoring of the industrial, commercial and fishing activities that are practiced there. Special laws have been issued regulating the administrative role in this field, and even identifying the entities that have the ability to direct it, as is the case in the Iraqi Environmental Protection and Improvement Law No. (27). of 2009, and Law of the Supreme Iraqi Maritime Authority No. (18) of 2019.

International humanitarian law seeks to mitigate armed conflicts of various kinds and limit their impacts by applying a set of customary and treaty-based rules. It aims to establish, regulate, and control general principles and provisions to extend its protection to the most vulnerable individuals and properties, while also restricting military operations in accordance with the principles of humanitarian necessity governing the parties involved in the armed conflict.
State responsibility for violations of international humanitarian law is an obligation imposed by international humanitarian law and customary international law, considering that these rules are inherently customary for the state to which these violations are attributed during the execution of military operations.

Developing countries are witnessing increasing challenges in achieving economic development, especially in light of the changing features of the international economic environment and the resulting globalization and openness of markets. Foreign direct investment has become one of the most important alternatives available to the latter, to diversify financial resources and provide external financing, given the increase it provides. In production processes, reducing costs, providing job opportunities, obtaining hard currency, and maximizing revenues, not to mention its contribution to transferring the latest technological achievements to the host countries, this is what made it a subject of competition and competition between countries to attract more of it, especially the Arab countries because they enjoy a great location. Distinguished strategist.
Hence, attention was directed and searched for new factors to attract foreign direct investment projects, especially in the field of transportation infrastructure, because of its prominent role in promoting other economic sectors and the diversification of economic activities, in addition to its significant contribution to increasing foreign direct investment flows. As for Iraq and elsewhere, This sector represents a great importance in the economic, service and commercial movement, making it the focus of attention of governments, and even the focus of attention of officials, investors and developers of this field. This sector, both public and private, and even mixed, needs to develop its activities through investment

Article 18 comes as an affirmation of the importance of the right to life and the right to live in safety and peace, which are basic rights for every human being. This means that the state is obligated to take the necessary measures to ensure the safety and security of its citizens, and to protect them from any threats or acts of violence. These measures include establishing an effective legal system that punishes crimes and protects victims, in addition to providing police and public security services that ensure the protection of individuals in society.
Article 18 also relates to ensuring human rights in the face of any attack or threat, whether these threats are from individuals, armed groups, or governments. This means that the state must protect citizens from violent crimes and human rights violations, whether these violations come from within the country or from outside it. Human rights in this context include the right to life, liberty and personal security.
Article 18 represents a clear declaration of the human right to live in security and peace, and states bear a great responsibility to ensure that this right is protected and that security and peace are provided for all citizens in their societies.
A person has the right to independence in his private life affairs, including his home, family, money, and communications. It is not permissible to spy on him, censor him, harm his reputation, or avoid protecting him from all arbitrary interference.
It is considered a legal statement that affirms human rights and protects privacy and personal autonomy. The text addresses many important points related to human rights, such as the right to private life and the right to privacy in housing, family, money, and communications. The text aims to protect the individual from unlawful interference in his personal life and guarantee his freedom to make decisions and manage his affairs with complete freedom. These rights are essential in building a civil and democratic society that respects human rights and ensures their protection in accordance with legal and ethical principles.

this research deals with general deterrence and specific deterrence، as they are one of the most important goals of punishment. General and specific deterrence are considered the utilitarian goals of punishment. General deterrence is defined as well as the purposes of punishment and the relationship of the death penalty to achieving general deterrence، evaluating the death penalty as well، and presenting the opinions of supporters of maintaining the death penalty and discussing them، as well as presenting the opinions of those who reject the death penalty. It will also discuss identifying special deterrence، the judge’s role in it، and the judge’s tools for applying special deterrence. We will also learn about the difference between general and special deterrence.

Determining the bank's civil liability for money laundering is one of the important topics that must be addressed, by identifying the most important elements of this liability, as there is no liability without the element of error that results in damage.
Hence, there is a causal relationship between the error and the damage. If it is proven that these elements are present, this responsibility is based on them.
The banking error is represented by the implementation or delay by the bank in executing its obligations. The banking error may be a contractual error resulting from the bank’s failure to implement the contract concluded between it and the injured person, or it may be a tortious error that occurs when a legal obligation is violated.
The criterion for determining the error issued by the bank is that of a professional person and not an ordinary person. However, the damage resulting from the bank’s error may be material damage and may also result in moral damage.
The bank is liable for expected and unexpected direct damage within the scope of tort liability, while within the scope of contractual liability, it is liable for expected direct damage and is not liable for unexpected damage.
Compensation in kind within the scope of the bank’s responsibility in the field of money laundering operations means the provision that obligates the bank to implement the obligation that it refrained from implementing, was late in implementing, or breached. Compensation for damage may become monetary compensation in the form of an amount paid in one lump sum.:

The Statute of the International Criminal Court is the result of States' efforts to achieve and promote international justice by prosecuting and punishing international criminals, whatever their status, but this evolving regime has not left the Court with the right to impose universal jurisdiction over all crimes, Rather, it restricts its jurisdiction in respect of the most serious crimes, the commission of which is deemed to be prejudicial to the international community as a whole, Not every crime was prosecuted and punished before the International Tribunal, but must be committed within the framework of a plan or policy or a broad process for specific crimes.
In other words, the convening of jurisdiction of the International Criminal Court does not imply the absolute freedom of the Court to conduct trials without certain limits of jurisdiction, rather, the Court's jurisdiction falls within a certain scope to which it is bound and not beyond it. s rights ", the so-called objective scope under which it is obliged to consider certain offences defined in article 5 of the Regulations, A personal scope relates only to natural persons, excluding States and legal persons, Only individuals who commit the international crimes provided for in the Statute are prosecuted and prosecuted, Immunity considerations do not prevent individual criminal responsibility of persons, whether commanders or officials. By doing so, we mean the topic of bringing perpetrators to the International Criminal Court

The contract is one of the sources of obligation in which two or more wills coincide to arrange legal effects. The contracting process has passed through history through stages after it was and is still concluded orally. However, thanks to the development of the Internet and means of communication, its impact was reflected in the development of contracting methods, so electronic contracts that were concluded via the Internet appeared, and the development did not stop. At the end of these contracts, new actions emerged that were called smart contracts or what are called self-executing contracts. The idea of the study is to investigate an issue that has raised jurisprudential and legislative controversy and challenges to the legal system, namely smart contracts. Because of the novelty of this behavior, legislation, as well as researchers and jurists, differed regarding its legal nature, and this difference in turn reflects on a very important issue, which is knowledge of the legal system that governs those dealing with it as to whether this behavior is considered a contract like traditional contracts or merely a means of implementing an original contract.

After the end of the Cold War, the Eurasian Economic Union was busy arranging its internal affairs while the United States was expanding after the first Gulf War and consolidating more of its economic, military and political control.
It stops talking about the international economic system in terms of economic and institutional developments, At the end of World War II, and despite the continuation of history for a break in it, this war was a major watershed, That system was subjected to profound changes as it went through a turbulent transitional phase behind an economic system characterized by fluctuation and deterioration.
Despite this, it did not prevent the existence of transformations at the international level that bring about a change in the system of the international economic system, whether at the internal level or at the external level. Perhaps the most prominent of these transformations is the emergence of some organizations and blocs or even agreements and economic unions and others, and the Eurasian Economic Union highlighted it On which the Russian Federation depends in the prosperity of its economic relations with the former Soviet republics and the formation of an economic bloc that helps in facing challenges, and this in turn makes the international system subject to transformations that may lead to a change in its structure, which prompts us to present and put forward the possibilities of the new international economic system that is expected to lead to it In the future.

The crime of polluting waterways is one of the crimes against the environment, and it has known a serious spread in recent times, and it has become a great threat to the environment, it is not spread limited to Iraq but Most countries of the world. Especial Third World countries Iraq It is considered of agricultural countries and it enjoys a different wealth of water.
Violations increased of aquatic environment after the world entered the era of industry and technology, this matter was a motivation for us to find out the causes of this phenomenon and to know the methods or means and legal mechanisms for combating this phenomenon Where the legislation stipulates penalties prescribed for this crime, some of which are limited to criminal penalties and others extend to civil penalties And administrative.

Embassies around the world adopt the consolidation of diplomatic relations between countries, and this embassy is led by a diplomat who enjoys certain specifications and is called the ambassador, and the latter is entrusted by the head of his state with papers called credentials. A letter of credit or as it is called credentials is a document of accreditation of a diplomatic representative. He endorses the duty and expresses the representative (diplomatic) nature of his mission and person as a diplomatic representative and this process takes place according to specific steps. The letter of accreditation of the ambassador or envoy shall be drawn up in a specific form and addressed by a head of state to the head of another state, and the appropriate signatures and seals shall be duly affixed thereon. The signature of the Head of State is usually confirmed by the signature of the Head of the Ministry of Foreign Affairs. Chargé d'Affairs and Political Representatives shall, upon accreditation, be provided with a letter from the Head of the Ministry of Foreign Affairs of their country to the Head of the Department of State to which they are appointed. The letter of credit indicates the name and surname of the sender and recipient (rank), the name and diplomatic rank of the representative, and the request to be “accredited” in all relations, that is, as a representative of the said country. Sometimes a letter of credit briefly outlines the reasons and objectives of the diplomatic mission and the state of diplomatic relations between the two countries at that time.
A letter of credit spells out the general powers of a diplomatic representative. Once certified, he needs no further authority for his statements in the country in which he works, and all his official actions, speeches, and statements rest entirely with the government that appointed him. However, his credentials in and of themselves do not entitle a diplomatic representative to sign international agreements without special permission. In this study, reference was made to the concept and method of diplomatic work, the content of the letter of credit and its acceptance ceremonies in several countries.

The special nature of the international function, and the goals and principles it seeks to achieve, play a major role in the necessity for the international employee to enjoy immunities and privileges that are not available to the national public employee in the local internal legal systems. As a result of the duties, burdens and heavy tasks that fall on the shoulders of the international employee, and the risks he faces, it is necessary to provide a protective system for him against the dangers that may threaten him, and the harm he may be exposed to, or the assault he may be exposed to in the countries in which he exercises his job duties, including the country of which he holds citizenship.
In light of the complexity and complexity of the organization's activities and goals, the occurrence of a conflict between the administration and its employees is conceivable and perhaps inevitable, which necessitates the existence of oversight over the administration, preventing it from being arbitrary and excessive in its administrative decisions issued against its employees, through prior oversight of the issuance of the administrative decision in this regard and subsequent to its issuance, which is represented by what is known as administrative protection (guarantees).

The best mechanism that can be relied upon in order to guarantee human rights is good rational management by the political, economic and administrative authority to manage the affairs of the state at all levels, and organizing the mechanisms and institutions through which citizens can express their interests, exercise their rights and perform their duties, and this is what is termed governance. In addition, the term governance there is another term, which is legal security, which means the stability of the legal rules regulating and guaranteeing human rights, which would work to promote and enhance these rights. To perform this role, legal security requires many legal requirements, such as the principle of the rule of law and the non-retroactivity of laws, and their effectiveness increases by achieving security. The judiciary that places the law above all, and this can only be achieved by embodying the most important components and means that constitute the pillars of legal security, which is represented by the state of law supported by the achievement of a democratic system that applies the law and promotes human rights