Ashur Journal for Legal and Political Studies

Geopolitics represents a fundamental pillar in explaining international interactions and shaping strategic balances among states, particularly amid growing geographical conflicts and competition over vital routes. The importance of this study lies in clarifying how political geography functions as a tool of power and influence in a multipolar world. It is hypothesized that an active geopolitical position enhances a state\\'s ability to achieve regional and international strategic balance. The central research problem revolves around the nature of this influence and whether it remains constant or varies according to geopolitical contexts. Descriptive, analytical, and comparative methodologies were applied. The findings confirm that geography remains a stable law in international politics, reinforcing the hypothesis and highlighting the central role of geographical factors in determining the destinies of nations and shaping their realist strategies.

In light of the contemporary world’s moral turmoil, the decline of positive standards of behavior, the increasing sense of alienation in societies, the spread of conflicts of violence, extremism, terrorism, and other challenges facing digital citizenship, and the accompanying knowledge explosion and digital communications revolution, which the latter has produced in terms of digital applications and various devices that have facilitated the speed of communication and access to anonymous digital individuals who may pose a threat to them in thought and behavior, Despite its cognitive, scientific and communicative benefits, the unprecedented digital openness has become a threat to the cultural identity of various countries, especially in light of the multiplicity of social media and the ease of access to them. It is also difficult to monitor generations and the suspicious and dangerous websites they view or the adoption of ideas and behaviors that contradict the teachings, values and morals of religion and conflict with national constants. This requires young people to understand how to use digital technologies in a safe, ethical and legal manner in order to become good digital citizens.

The crime of deep forgery is one of the most serious digital crimes that have emerged as a result of the development of artificial intelligence technologies, as this crime occurs through the perpetrator collecting data and information about the victim or the target person, and then work is being done to produce and fabricate fake content that is not real using artificial intelligence algorithms, namely machine learning and deep learning, and then it is published and shown to everyone as real content, and that this crime relates to a set of crimes that affect individuals through defamation and extortion, and the crime also has images of a crime that falls on moral persons, as in the case of fraud crimes which occurred on financial companies, as the This crime affects states in order to destabilize the security, political and economic situation in them, and there are no legal texts criminalizing this crime in a clear and explicit manner, and this requires that there be clear substantive and procedural Criminal Laws to confront its gravity and severity, and there must be international treaties and agreements between states, because it is a cross-border crime, and there must be the adoption of substantive and procedural laws to confront and reduce it at the International and internal level.

Political rights are among the Important rights enjoyed by citizens because they reflect the political system in any society. If individuals do not exercise their political rights, they become rights and freedoms granted by the ruler, and he can thus reclaim them whenever he wishes. Political rights determine the political system in the state and regulate the relationship between the ruler and the ruled, whether it is a democratic or authoritarian system. The democratic system expands the practices of individuals and enables them to reach power and express the will of their people as the true holders of authority. Political rights also express the individual's ability to participate in political life without fear of oppression, discrimination or racism. These rights are closely related to the status of citizens, as they include the right to run for office. These rights guarantee the freedom to contribute to the management of the affairs of the country in which the individual lives. They assume that these rights must be organized in a way that allows the opportunity for political participation for all citizens who meet the conditions for election. Therefore, this right and this opportunity to participate in the management of public affairs should be made available without restrictions to all qualified citizens.

This research provides a comprehensive analysis of the provisions of international humanitarian law, with a focus on the protection of vulnerable groups in armed conflicts, primarily the elderly, children, women, and prisoners. The research begins by explaining the general concept of international humanitarian law and its objectives in protecting individuals who do not participate in combat operations, including civilians and persons protected under international treaties. The study then addresses the special protection provided by the 1949 Geneva Conventions and the additional protocols aimed at ensuring the rights of vulnerable groups during wartime, reviewing the legal provisions that affirm the rights of prisoners, the elderly, women, and children in armed conflict. The role of humanitarian organizations, particularly the International Committee of the Red Cross (ICRC), in providing protection and assistance to those affected by armed conflicts is also examined, highlighting its efforts in implementing and developing international humanitarian law to meet humanitarian protection needs. Furthermore, the research explores the concept of international protection and the practical application of this protection in reality, pointing out the challenges related to effectively implementing these provisions in conflict zones. The relationship between legal protection and practical reality is clarified, showing how some rights are not fully enforced, leading to continued violations of human rights.

Feminist theory is a contemporary ideology that has profoundly transformed the traditional understanding of politics and social relations. This theory aims to analyze the causes of gender inequality and shed light on the issues that affect women's lives. Although feminism began as a social movement seeking to improve women's rights, it has evolved into a broad theoretical framework that has had a significant impact on global politics. In the field of public policy, feminist theory has pushed for the redesign of policies to become more inclusive and gender-just, leading to the issuance of legislation that enhances women's rights and supports their participation in political and economic fields. In international relations, feminism has contributed to redefining the concepts of security and peace, emphasizing the importance of involving women's perspectives in peace processes and international negotiations, which has led to the adoption of a more comprehensive approach to conflict resolution. In the economic field, feminist theory has highlighted the importance of unpaid work performed by women and called for its recognition in national economic accounts. It has also had a clear impact on culture and media, helping to challenge prevailing stereotypes and raise awareness of gender and justice issues. In addition, feminist theory has influenced academic and political thought by offering new insights into power and knowledge, expanding the scope of political and social studies to include diverse aspects of human experience.

Penal compensation is still one of the modern topics, which has not been a fertile subject for research, especially since it constitutes a mere exception to the general provisions for compensation, or in other words for civil liability, whether contractual or tortious. Therefore, we intended in this research to highlight the basic elements of penal compensation, including: Then we will address this topic through two main axes, the first section being devoted to addressing the conceptual framework of punitive compensation. In terms of the first section, it was devoted to the nature of penal compensation and distinguishing it from the forms of compensation close to it. In the first requirement of this section, we discussed the definition of punitive compensation. As for the second requirement, it was devoted to distinguishing punitive compensation from other forms of compensation. While, in terms of the second topic, It has been devoted to research into estimating penal compensation, and here reliance is placed on the criterion of serious error and profitable error, and this is an issue of great privacy, as the case used to estimate the value of compensation given the size of the damage. We concluded with a conclusion for the research and a number of results and recommendations.

The research discusses the topic of sustainable development in connection with human rights, which became a human right, after the international community, through the United Nations, adopted the Declaration of the Right to Development of 1986, and the 2030 Sustainable Development Plan of 2015, giving it global and national dimensions, with the human being at its core. The topic was discussed from During two sections, we discussed in the first section the concept of sustainable development in terms of definition and goals, While the second section was devoted to sustainable development in contemporary constitutions, it focused on Arab constitutions, including the Iraqi constitution, and we ended the research with a conclusion that included the results and recommendations that we reached, the most important of which is that sustainable development is closely linked to human rights, which has turned it into a legal obligation on countries linked to their constitutions. On the one hand, and the international agreements and declarations that it signed on the other hand, which requires activating this commitment through reports and indicators and following them up.

Children with autism are considered one of the most vulnerable groups in society, and their reality requires effective legislative intervention, as they are among the categories that require special legal care due to their social and psychological fragility and their difficulty in understanding the potential abuse or exploitation they might face. This group represents an important segment of society, as their percentage and numbers are increasing day by day. With the development of awareness among individuals and communities, the stages of protection for autistic children have evolved; after being viewed with limited perception, today the focus has shifted to comprehensive care methods, enabling them to live their lives and manage their own rights according to their capabilities and specific needs. The Iraqi legislator has paid attention to this group through numerous legislative and constitutional texts, establishing many guarantees and rights for them and working to protect and rehabilitate them socially. Legislation has emphasized harsher penalties for offenders who commit crimes against this vulnerable group. In this study, we will attempt to clarify how the Iraqi legislator has provided criminal protection for children with autism.

The stock market is one of the most important institutions operating in the capital market, and one of the most influential institutions in the economies of countries. The continuous development of international communications and the increasing number of large companies with enormous capital require that a portion of these funds be invested in a country other than the one in which these companies are located. The movement of trading or the transfer of funds has led speculators to no longer be satisfied with conducting trading operations on their own country's stock exchanges. Rather, funds are now constantly transferred from one country to another.

This study aims at contributing to reducing and reducing the widespread crimes of administrative and financial corruption in Iraqi government institutions and services after 2003 by clarifying criminal and international procedures that reduce the prevalence of the phenomenon of administrative corruption. identifying their effects and encouraging citizens to use their right to report such serious crimes, With the provision of adequate procedural and legal safeguards to those who report them, the present study establishes the principle and value of citizens that their right to rid themselves of the spots of corruption must be used to proceed with the procedure for reporting such crimes; to put an end to their increase, after indicating criminal and international responsibility arising from the commission of such serious crimes. The study was based on achieving its objectives by identifying national anti-corruption oversight and legislative mechanisms in both Iraqi and Egyptian legislation, as well as international mechanisms, with reference to the 2003 United Nations Convention against Corruption, to which Iraq and Egypt are parties. The reasons for choosing this topic are the identification of the causes of the prevalence of administrative and financial corruption in Iraqi institutions; To know how to reduce them, what mechanisms can be put in place to combat them, whether they are national or international, and the extent to which the criminal responsibility of legal persons and natural persons arising from the commission of crimes of administrative corruption in Iraq is achieved. Among those reasons was the search for ways of eliminating procedural impediments to reducing this serious phenomenon, seeking to provide legal and international safeguards to hold accountable the perpetrators of such crimes in Iraq, and highlighting legislation on reporting crimes.

The power of authority represents the unified material ability to impose obedience independently towards everyone and on the basis of the law. Power does not always mean the control or domination. The power of authority finds its intellectual basis in many concepts, including the satisfaction of the general ideas of individuals, and unity and continuity of the state. The strength of authority is affected by many democratic values as the factor of beliefs in order to unify the values that are considered the essence of the right or the law as well as that The political authority must be civilian, not military. Force is affected by the effectiveness of the law when it sets conditions that prevent the use of force easily and are characterized by clarity and generality. Power is affected by the process of distributing Authority in the federal state, which requires the federal control over the regional forces while at the same time ensuring the federal participation. However, The Iraqi Constitution in force for the year 2005 weakened the strength of the federal authority due to the weak relationship between the provincial guards and the federal authority, even in emergency circumstances. He did not establish a specific method for implementing federal laws and decisions. The legislator also exaggerated in taking into account the representation of components in the armed forces. The constitution also weakened from the law when it allowed the authority to restrict rights and freedoms based on the law.

The Armed conflict is an abnormal situation in international relations or even in national societies. The situation of armed conflict, whether international or non-international, results in the loss of civilians or even military personnel’s lives or property. Sometimes, families are cut off from news of the lives of their loved ones, which causes inhumane situations as well as multiple legal problems, leaving the duty of international organizations to investigate the fate of these missing persons and find out their fate.

The Yemeni crisis is like the crises experienced by some Arab countries (Syria - Libya) as a result of the outcomes of the events of the Arab Spring. With the outbreak of war in Yemen, the human tragedy began, the shattering of the structure of society, and the massive scale of devastation in the cities of the conflict. These are the most prominent headlines that follow the danger of growing regional and international competition and interference. Foreign affairs, which led to the complexity of the war and the absence of any near-term horizon for the end of the “disastrous” war, whether by peace or by war. It is not possible to rely much on bringing peace to Yemen through negotiations as long as there are regional interventions and political and military support for both sides of the war while acknowledging the impossibility of a military solution for either of them, in the absence of any prospects for a political settlement that satisfies the parties to the war or any “pressing” international interest to force those parties to stop. Opening fire by resolutions adopted by the UN Security Council.

The position of the governor is one of the important administrative roles in the field of administrative functions in Iraq, as it involves providing public services to the citizens of his administrative unit (the province). The governor represents the central authority in the province and is appointed with a special rank and by a republican decree. To be eligible for the position of governor, a candidate must meet a set of conditions specified in the Law of Provinces Not Organized in a Region No. (21) of 2008. Additionally, the law outlines specific procedures for the appointment. Conversely, the law also stipulates that if the governor commits legal violations, he may be subject to dismissal from his position. This means that the governor's term is not permanent and ends if he commits a legal breach that necessitates his dismissal.

The spread of drugs remains a dangerous phenomenon and a challenge that threatens international peace and security and the international community as a whole, due to its negative impacts at the individual and societal levels. Indeed, it has become one of the most significant challenges to national security, having grown over the past two decades in the number of people using these toxins—males and females, young and old. This has made decision-makers realize the importance of confronting this phenomenon, which has become devastating to societies by targeting individuals and families. This makes the repercussions of its spread and effects a war more destructive and deadly than conventional wars, as it targets young people, who represent the primary workforce, the defense of the country, and the pillars of the future.

Civil legislations have provided for legal restrictions imposed for the benefit of private interests. Through such provisions, the civil legislator seeks to balance two conflicting private interests by establishing legal safeguards that protect the owner in cases where those restrictions cause harm significant enough to impair the owner’s ability to benefit from their private property, while simultaneously limiting the owner’s authority over it. Thus, one may argue that the imposition of such restrictions is neither absolute nor detached from the protection of the owner’s rights over their property. This balancing act, where one private interest is prioritized over another, allows the legislator to achieve a broader public interest in the long run. However, this must be accompanied by guarantees, as set forth in various civil legislations, which include a set of criteria such as exceeding customary limits or causing serious harm, among others. The significance of this study lies in examining the adequacy, effectiveness, and practical applicability of these safeguards, supported by judicial rulings to reach the intended objectives of the research.

It is well known that the Corona pandemic is a global pandemic, as directed by the World Health Organization, as it disrupted all life facilities and entered the world in a state of anxiety and alertness, Therefore, the agency contract in the civil law, which is one of the so-called contracts, and it is of great importance in various areas of life and is considered a contract in which a person resides in his place in a permissible behavior according to what is stated in the definition of the Iraqi civil law in the text of Article 927. The Iraqi legislator divided the agency into types, including the public agency, the private authorization , the penal agency and the agency of vehicles, The legislator mentioned several characteristics that distinguished the agency contract. Among the most prominent obligations that the legislator mentioned to the agent is to preserve the funds of his client, in addition to an obligation not to exceed the limits of his client, and to exert the necessary care in implementing the agency. The agency contract may be terminated by law, in the event of the death of the agent or the client, or if one of them departs from the eligibility, or the agency ends with voluntary reasons represented by the principal dismissing his agent or the right of the agent to retire the agency.

This study explores the principle of State continuity within the framework of public international law, focusing on its applicability in light of recent transformations in the structure of governments—particularly the emergence of cyber governments and digital governments-in-exile. The research analyzes the legitimacy of maintaining international legal personality in the absence of effective territorial control, drawing upon international jurisprudence, doctrinal writings, and contemporary practices. The study concludes that the principle of State continuity—although unwritten—is a well-established norm that provides legal flexibility, enabling States to maintain their international status under exceptional circumstances. This is contingent on factors such as the existence of a legitimate government, the preservation of international obligations, and continued external representation. The paper recommends the development of a specialized legal framework to govern digital or exiled governments in the cyber age, thereby reinforcing their legitimacy and securing international protection.

The mortgage contract grants the mortgagee a subsidiary real right, guaranteeing the fulfillment of his rights from the debtor. Its purpose and objective are to ensure the fulfillment of the obligations owed by the debtor. It is a legal means of protecting transactions, stabilizing dealings, and increasing trust and credit. Furthermore, the guarantor is granted the right to recover the creditor's rights from the debtor, while enjoying the defenses that the debtor could have presented to the creditor. Clarifying the legal position of the guarantor in the mortgage contract is important to avoid situations that resemble this behavior.

Tax evasion is a criminal offense punishable by law. It involves the partial or complete avoidance of paying due taxes through illegal means, such as fraud, deception, providing incorrect financial information, or concealing sources of income. This behavior results in severe economic damages, including the reduction of public revenues and the hindrance of economic development. To combat this crime, states adopt various preventive measures, such as legislative and administrative improvements and the use of technology to track financial transactions. Tax awareness also plays a significant role in reducing evasion rates, encouraging compliance with the law, fostering trust between taxpayers and the tax administration, and promoting voluntary tax compliance. Additionally, remedial measures include strengthening financial oversight and imposing stricter penalties.