Journal Of the College of law /Al-Nahrain University

This research deals with an extremely dangerous topic that besets children who represent a large part of human society, putting them through the ordeal of violations affecting their rights and falling into the cycle of exploitation more quickly than others due to their circumstances, innocence, spontaneity, and young age, Perhaps the most dangerous of these is the spread of the phenomenon of their recruitment and use in combat operations from By states and armed groups during armed conflicts, which is considered one of the ugliest forms of exploitation and violation of their basic rights and freedoms, and the resulting massive damage in its various aspects to these children, such that it is classified as a war crime in accordance with the provisions of the Statute of the International Criminal Court and falls within the substantive jurisdiction of the court, which entails international criminal responsibility for its perpetrators and they are subject to follow-up and judicial prosecution regardless of their official status or the immunity they enjoy, and punishment is imposed on them by filing a case before the International Criminal Court by referring the case to it by the State Party or by the Security Council or by filing the public prosecutor of the court based on the availability of evidence proving the commission of the crime of child recruitment.
The subject of this research is of great importance which is to show the seriousness of the phenomenon of child recruitment as it is one of the emerging issues in our time, and which constitutes a clear violation of all legal and moral rules that urge respect for the rights of the group of children most at risk and exploitation during armed conflicts, this is by prohibiting their recruitment and protecting them from this dangerous criminal act committed against them by the conflicting parties which the Statute of the International Criminal Court recognized as a criminal offense and regulating its fight and combat within its provisions.
The main problem of the research lies in the widespread phenomenon of child recruitment and their participation in military operations during international or non-international armed conflicts in an increasing and striking manner in many parts of the world, children are exploited by parties to armed conflict and recruited as a common approach, whether by enticement or intimidation with the aim of involving them in hostilities directly or indirectly given the fragility of this vulnerable group their mental and physical immaturity, and their lack of discrimination,as this completely contradicts all international norms and agreements regulating war and human rights in general and children’s rights in particular, not to mention that international criminal law- which is the subject of our research in this law- has worked to establish a legal framework to criminalize the phenomenon of child recruitment and protect them from it, this was actually approved and enshrined within the framework of the Rome Statute of the International Criminal Court of 1998. Accordingly we found that the aim of this research is to identify the concept of child recruitment, and explain the international legal basis for criminalizing child recruitment in accordance with the Rome Statute of the International Criminal Court, and point out the forms or methods of child recruitment during hostilities, and identify the most prominent factors and reasons leading to child recruitment and its spread increasingly and significantly in times of armed conflict, then shedding light on the impact of committing child recruitment on the perpetrator, in addition to covering some issues and topics related to the subject of the research.

The study of ancient Iraqi law and its rich history has not occupied its proper place in international universities, especially Arab universities, and Iraqi ones in particular, except in recent years. One of the reasons for the lack of interest in this study in foreign universities may be the lack of desire to highlight the pioneering role played by the ancient Iraqis - Mesopotamia - in laying the solid foundations on which later laws were based in general, including Roman law. This is contrasted by the enthusiasm and drive of foreign researchers to teach Roman law and consider it the source from which most modern laws were derived, including French law, which in turn is the source from which many modern Arab laws were derived. The reasons for neglecting the teaching of the history of ancient Iraqi law in Arab universities are attributed to the lack of detailed Arab scientific research on this subject, and the limited availability of research to providing a general and simple idea of what those laws included in terms of provisions and rules. This point in particular prompts us to take up the challenge and prove the Iraqi nature of the idea of natural law and its Mesopotamian authenticity.

The Iraqi legislator stressed the importance of public order, and that he did so in order to limit the principle of the authority of will that dominated the contractual relationship for decades, as reviewing the contract in order to protect the weak party and restore the disturbed contractual balance has become a social and economic necessity today, and the issue of the increasing intervention of the idea of public order in organizing contracts has become a given, and this is in line with the basis of contractual obligation and with the correct contractual idea that is based on establishing a balanced contract between the contracting parties away from injustice or exploitation of one party towards the other party, as maintaining a harmonious and consistent contract in terms of the rights and obligations of its parties secures their interests as well as the interests of society, and gives it a better life and continuity that leads to achieving what all parties to the contract aspire to.

The International Court of Justice is the judicial organ of the United Nations. Its tasks are divided between the judicial role that adjudicates between states in disputes that arise between them, and the advisory role represented by providing legal opinions on issues presented to it by the United Nations agencies and its affiliated organizations. The judicial process to reach the final decision of the court takes a period of time that is not short, and since some of the cases presented to the court are specific in terms of fear of wasting rights and the occurrence of further violations, especially those related to committing acts that amount to the crime of genocide, the need arises to take urgent measures that contribute to stopping ongoing acts that most likely constitute the crime of genocide. This is what we find its basis in the Statute of the International Court of Justice, which stipulates that the jurisdiction of the court, in the context of considering a specific case, the court has the right to issue interim measures, of a binding nature, that put an end to the escalation of facts and events, pending the issuance of the final ruling of the court.

Migrant smuggling is one of the crimes of the modern era, and it is one of the most serious security problems facing the international and national community, and it is one of the current topics in order to search for successful solutions to face the magnitude of the damages and dangers resulting from the increase in its activity and its effects in varying proportions between the countries of origin of migrants, countries of transit and receiving countries. for them.
And through the widespread and rapid spread of organized smuggling networks, which took from the conditions and suffering of the migrants a profitable way to generate large sums of money for them, not interested in the real dangers they are exposed to during the smuggling journey, as well as in terms of the damage to each of the receiving state of these migrants due to the huge numbers that enter its territory in a way Illegal, causing many problems at all levels, which prompted the international community to criminalize the smuggling of migrants in its desire to combat this illegal activity.
And since the protection of members of society in all its categories, especially the vulnerable, including children and women, is a basic duty undertaken by all state authorities, including certainly the administrative authority, we will study in this research the administrative bodies affiliated to the Iraqi Ministry of Interior and know the administrative means that they use in confronting immigrant smuggling operations to eliminate them and follow up Smuggling networks to prevent the exploitation of smuggled migrants and prevent their spread.

This research deals with studying the mechanism of resolving disputes that occur in the general voting process, as the integrity and legitimacy of the vote requires that the legislator, when organizing the general voting process, establish a precise and clear mechanism for resolving disputes that may arise from this process. This is what the Iraqi legislator did, as he established a legal mechanism based on resolving these disputes by the competent administration and under the supervision of the judiciary, which has the right to approve the resolving actions carried out by the administration, or to overturn them and direct them to the appropriate destination to resolve these disputes. We will try to estimate the position of the Iraqi legislator in comparison with the position of the German legislator regarding the mechanism for resolving these disputes.

At the time of the United Nations' establishment in the aftermath of World War II, the global focus was on preventing or halting conflicts between states. Accordingly, the drafters of the UN Charter envisioned that the Security Council would not intervene in internal conflicts. This perspective can be seen in the reluctance of major powers to interfere in resolving domestic disputes, leaving such matters to the states whose territories were the scenes of these events. The intention was to apply economic sanctions primarily to conflicts between states where military force was used, as exemplified by the economic sanctions imposed on Iraq under Security Council Resolution 661 and subsequent related resolutions.
Over time, economic sanctions have become the most widely accepted means of projecting a civilized response by the international community to actions and policies that threaten global peace and security.
International humanitarian intervention in the internal affairs of states is justified by three primary reasons: to establish stability within states, to support democracies and protect legitimate institutions, or to address serious human rights violations committed by ruling regimes against their own people.
The imposition of economic sanctions by the Security Council in response to conflicts that negatively impact international peace and security raises legal debates regarding the true nature and scope of the Security Council's powers under the UN Charter. Is the Security Council entirely free to determine the severity of actions and behaviors occurring in different regions and their impact on global peace and stability? Additionally, there is concern that this lethal economic tool may be exploited in favor of influential Security Council members, either due to conflicting interests in international relations or as a means of pressuring states that refuse to comply with the agendas of global powers.

The jurisdiction of the International Court of Justice and the International Criminal Court under the United Nations, where it is the main judicial body, works to resolve disputes that arise between countries in an effort to achieve international justice and put an end to international conflict by virtue of a judicial ruling that ends the dispute between the parties to the conflict. Here lies the role of its jurisdiction and importance through which it decides to resolve the dispute and achieve the principle of justice. Here lies the question: Does the International Court of Justice embody an actual international judicial authority? In answering this question, we will rely in this study on the descriptive analytical approach by addressing the texts of the Statute of the Court and attempting to analyze these texts. The scientific importance of studying the International Court of Justice as a legal judicial means that guarantees states the resolution of international disputes, which is one of the most important concerns of the international community seeking to maintain international peace and security. This importance is evident through knowing the extent of its effectiveness in embodying an actual international judicial body. As for the practical importance, it is represented in attempts to link the theoretical aspects of this court with the practices known to international reality. The importance also appears in the contribution of the International Court of Justice to resolving international disputes and achieving international justice, as it has tried hard to spare the world the nightmare of wars and military conflicts, aiming to draw new features for international justice. Due to the aforementioned importance, we decided to choose two pillars for our research: the jurisdiction of the International Court of Justice and the International Criminal Court.

Administrative judiciary is considered one of the essential pillars to ensure the proper functioning of public administration and the efficiency of governance in countries. Its role is reflected in monitoring the actions of administration, highlighting the importance of safeguarding the rights and freedoms of individuals in the face of executive authorities. Through its consideration of lawsuits filed against administrative decisions, the administrative judiciary ensures the legality of these decisions, both in terms of form and content. This includes verifying the adherence of the administration to the applicable laws and regulations, as well as ensuring that individuals enjoy the rights granted to them by these laws.
Administrative courts also play a vital role in correcting errors that may be committed by the administration, as they have the authority to annul unlawful decisions or compensate for damages caused by them. Moreover, the administrative judiciary contributes to promoting the principles of transparency and accountability by overseeing the legality of administrative procedures and ensuring that public rights are not violated. Furthermore, the administrative judiciary seeks to balance the powers of the administration and the rights of individuals, contributing to building trust between citizens and public authorities.
By affirming the principles of administrative justice, the administrative judiciary acts as a bulwark against any potential abuses or corruption within the administrative apparatus. It is thus viewed as a crucial tool for overseeing administration, promoting a culture of respect for rights, and enhancing the rule of law, which in turn contributes to social and political stability within societies.

Two types of real estate transactions are listed: legal transactions that create, change, or terminate real property rights. These transactions can only be concluded through registration with the Real Estate Registration Department. The second type is physical transactions that change real property rights, such as gender correction, separation, and unification.The Iraqi Civil Code defines the rules for assigning parts and issues related to real estate legal transactions. It also indicates the applicable law for these matters. Some issues are subject to law of the location of the real estate, including the secondary classification of legal relationships, methods of acquiring and expiring real property rights, contractual obligations, the mortgage of a husband's property to his wife, and the legal capacity of persons conducting real estate transactions. Other issues are subject to laws other than law of the location of the real estate, including primary classification, the legal capacity of the disposer, the effects of a void contract, the issues supplementary or complementary to special capacity, litigation procedures, filing a lawsuit, and proof of transactions.In addition, the Iraqi legislator has not explicitly regulated certain issues, including the applicable law for the formalities of legal transactions involving real estate, the law of will, the right to agree on the applicable law for the substantive conditions of real estate transactions, and the right to divide the contract to choose the applicable law for each part. Regarding material transactions involving real estate, we have proposed to the Iraqi legislator to determine the specific attribution rule for material transactions involving real estate, whether beneficial or harmful, so that law of the location of the real estate can be relied upon as the applicable law.

During research on the supposed corner, a question arises about the idea of the supposed corner, whether it is a general idea that applies to all crimes, or is it a special idea that is limited to certain crimes and not other crimes, and what is the criterion for distinguishing between crimes that contain a supposed corner and crimes that do not contain on him.

When one of the reasons that lead to the dissolution of a bank and its entry into the liquidation phase occurs, there must be a person who takes on the task of managing the bank's funds during the liquidation period, collecting its debts from others, gathering its assets and converting them into cash, thus fulfilling its obligations and paying its debts according to the rules stipulated in the law, then distributing the remaining funds among the bank's members according to their entitlements. The person who has been entrusted with these important tasks is the liquidator, and given the latter's significant legal position, he assumes the leadership of the bank for a specific period of time leading to the termination of its legal existence. Therefore, the more careful the selection of the liquidator, the sounder and more accurate the liquidation will be Therefore, this study addressed the legal status of the liquidator in banks, in terms of appointing and removing the liquidator, the powers assigned to him, and the duties placed upon him, in the legislation of the countries being compared, represented by Egyptian legislation, Iraqi legislation, and Jordanian legislation .This is due to the difference in the position of the laws of the countries being compared on some issues related to the liquidators status.

This research aims to clarify the concept of violence against women, its potential consequences, its forms, and the role of Egyptian and Iraqi legislators in addressing this type of violence, given its seriousness and negative impact on families and society.

The researcher explores a critically important topic in light of rapid technological developments: copyright protection in the context of artificial intelligence. This research highlights the legal challenges posed by modern technology to the intellectual property system, particularly in the field of copyright. The research aims to determine how to protect innovations generated by artificial intelligence and whether these innovations deserve legal protection.