TIKRIT UNIVERSITY JOURNAL FOR RIGHTS

Abstract: This study aims to address the crime of incitement to withdraw funds deposited in banks through public disclosure under Iraqi law. Addressing and investigating this crime has become a necessity at the present time, especially in the Kurdistan Region of Iraq, as the region is on the path to resolving its employee payroll problem by opening bank accounts for all employees, similar to the domiciliation of employee salaries in Iraq.
In this study, we reached several conclusions. The most important is that this crime is described as a financial-economic crime, and that merely incitement constitutes the elements of the crime, provided that the presumed element of the crime is met, namely the publicity of the act of incitement.
We concluded the study with some recommendations. Most importantly, the penalty stipulated in Iraqi law is not deterrent, and therefore, achieving the element of public disclosure to the public is not easy every time, as the inciter may attempt to incite people to do so, but individually and behind the scenes, without public disclosure. Therefore, extending strict criminal protection for these funds under the law would be more effective and supportive of increased confidence in banks.
© 2023 TUJR, College of Law, Tikrit University

Abstract: This paper is critically examining the criminal protection of bank accounts in the Iraqi legal system. The paper is considering a number of crimes against bank accounts, including fraud, theft, forgery, and cybercrime, and discussing the application of the current law and enforcement issues involved. The report describes how economic crime has evolved in the information and technology age and whether existing law is adequate to combat current threats. Additionally, it addresses investigation and prosecution problems and provides concrete recommendations on legal reform, including the establishment of specialized cybercrime units and enhancing international collaboration. The research follows a doctrinal analysis, based on the Iraqi Penal Code, Banking Law, and literature to construct an effective model for the criminal protection of bank accounts.

Abstract: The research explores the meaning of public funds and points to the traditional division of state funds into public and private, with public funds enjoying distinct protection over private funds. This division was then abandoned, and a move was made to avoid differentiating between the two types of state funds for the purposes of constitutional, criminal, and civil protection. The research also sheds light on the nature of the state's right to its public funds. Some have denied that the state has a right to ownership, describing it as merely a right to preserve and protect. Another view is that it is a right to ownership, which is what the research adopted for the reasons stated therein. The research also addressed the position of Iraqi law on this matter and on the legal protection of state funds in Iraq's various constitutions and penal and civil laws, while pointing out loopholes in these laws, some of which may be used to attack state funds. This is intended to strengthen legal protection of these funds in this particular circumstance, in which corruption has spread to various sectors of the state and its funds have become vulnerable to attack and theft in various areas in Iraq.

This research examines the concept of tourism contracts as a legal tool regulating the relationship between parties. It analyzes the reasons for termination, based on the communication impact tourism contracts have on enhancing the marketing performance of tourism establishments and developing their infrastructure and standing. Like civil contracts, they terminate naturally once both parties fulfill their obligations under all contract terms.
Our research explores the meaning and content of this contract, including termination before the end of the contract term due to a breach of the obligations stipulated in the contract or an unnatural termination, as stipulated in Law No. 9 of 2022, the Tourism Law in the Kurdistan Region of Iraq, and Law No. 1 of 2021, the Sale and Lease of State Property in the Kurdistan Region of Iraq.
The research is divided into an introduction and three sections. The first section addresses the impact of distributing risks related to the implementation of a contract among its parties. The second section addresses the termination of a tourism contract due to termination. The third section addresses the unnatural termination of tourism contracts. The study concludes with a set of conclusions and recommendations.

Abstract: Despite the successive intervention of the private sector in the management of public facilities in the region, in various forms determined by the administrative authority itself through contracts concluded with contractors, the majority of which fall within the framework of public facility delegation contracts.This research will be divided into two sections. In the first, we will discuss the nature of the private sector and its characteristics, and divide it into two sections. In the first, we will define the private sector and its components, while in the second, we will examine the characteristics of the private sector. In the second section, we will address the legal methods of the private sector in managing public utilities, and we will divide it into two sections. In the first, we will examine contracts as a means of managing public utilities, while in the second, we will examine a realistic assessment of some public utilities management contracts in the Kurdistan Region of Iraq.

Abstract: The world is witnessing rapid advancements in artificial intelligence technologies, raising new legal challenges concerning civil liability for damages caused by these technologies. This research addresses the issue of compensation for damages resulting from artificial intelligence within the framework of Iraqi civil law. It explores the complexities surrounding the identification of the party responsible for damages and the appropriate nature of compensation. Additionally, the research discusses aspects related to insurance and compensation funds as mechanisms for effectively addressing damages caused by AI technologies. The research concludes by offering proposals to develop Iraqi legislation in line with the advancements in AI and the accompanying legal challenges.

Abstract: Financial crimes have significantly increased worldwide, posing a serious and pervasive threat, as these crimes, including financial corruption, money laundering, and the financing of terrorism, have evolved with advancements in methods used to commit them. As a result, finding effective solutions to address these challenges has become imperative. One such solution involves enhancing investigation procedures and information gathering. Financial investigations, conducted in parallel with initial criminal investigations, have emerged as a modern and advanced approach to tracing the origins of illicit funds, their transfer methods, and enabling their confiscation.
This approach serves as a vital tool for uncovering criminal activities and providing crucial evidence to convict individuals, institutions, or companies involved. For these efforts to succeed, financial crime investigations require highly skilled technical personnel and robust collaboration between judicial authorities, official institutions, and relevant stakeholders at the national level. Additionally, international cooperation is essential, supported by mechanisms that facilitate the efficient exchange of information across borders.
2023 TUJR, College of Law, Tikrit University

The world has witnessed radical transformations in the past two decades that have profoundly affected various vital sectors. However, the banking industry remains an essential element in enhancing economic stability and supporting development in any country.
In this context, countries such as Iraq face major challenges related to building confidence in the banking system, which requires the development of appropriate legislation that ensures the protection of all stakeholders, in addition to improving the efficiency of regulation and effective risk management. It is clear that achieving an effective balance in the performance of banks requires the existence of a legal framework that defines responsibilities accurately and clearly.
There is no doubt that the issue of due diligence in banking institutions is a dynamic and changing issue, as mistakes made can lead to different levels of legal liability, which may negatively affect the obligations of other parties involved in the banking system. As a bank is a legal entity, it is liable for any failure, whether in implementing contractual obligations or legal and professional obligations, which makes risk management.

Abstract: The need for impartial international criminal justice was not a legal luxury, but rather an imperative dictated by the nature of crimes that threaten international peace and security. However, the reality of international relations, governed by the balance of power and the outcomes of wars, often dictates that criminal justice be conditional upon the will of the victor. Victorious powers often engineer the legal framework for accountability, in accordance with their own visions and standards. The temporary special criminal tribunals established after World War II are the clearest manifestation of this model of justice, which may appear fair on the surface, but is, at its core, tainted by the dominance of politics and considerations of power.

Abstract: Although the majority of research that dealt with the issue of genocide as an international crime that violates the provisions of international humanitarian law was based on the elements of this crime as such, or on studying previous representations of it Infront of the provisional international criminal courts, we find that the subject of guarantees for activating legal responsibility for the crime in light of basic principles of the Rome Statute of the International Criminal Court are often taken into consideration at all. From this standpoint, this research focuses on the guarantees referred to, given that the International Criminal Court, on one hand, is the permanent international judicial body with the authority to exercise its jurisdiction over persons towards the most critical crimes of international concern, notably genocide; and on the other hand, that ensuring the establishment of legal responsibility is the corner stone of ensuring that perpetrators do not escape punishment, which in turn ensures that victims of crime are compensated against their serious harm.

Abstract: Transitional justice and transitional democracy represent two complementary pathways in the process of transitioning from authoritarian regimes or armed conflicts towards the establishment of sustainable states based on the rule of law and citizenship. Transitional justice seeks to address past violations through mechanisms such as accountability, reparation, and truth-telling to achieve societal reconciliation. In contrast, transitional democracy creates a political environment that ensures citizen participation in decision-making, respects human rights, and establishes democratic institutional systems. However, the challenges lie in reconciling justice and peace, and ensuring the continuity of democratic transition without setbacks. The integration of these two pathways is essential to overcoming the legacy of the past and building a future characterized by justice and stability.

Abstract: Economic crimes in the era of the technological revolution have significantly transformed with the rise of digital technologies. These crimes now include cyber fraud, hacking, identify theft, money laundering through cryptocurrencies, and intellectual property violations.
The rapid expansion of online platforms and digital currencies has provided criminals with new opportunities to exploit vulnerabilities, making detection and prosecution more challenging.
Major obstacles include the absence of a unified global legal framework, which complicates the ability of tackle cross-border crimes.
Jurisdictional issues further hinder enforcement, as criminals can evade justice by operating in countries with less stringent regulations. Moreover, technologies like blockchain provide anonymity, making investigations more difficult.
Law enforcement agencies often lack the necessary resources, expertise, and tools to effectively combat these crimes.
As technology continues to advance, the legal and regulatory systems must evolve to address these emerging challenges effectively.
2023 TUJR, College of Law, Tikrit University

Abstract: Humanity has suffered from conflicts and wars since the dawn of history, leaving behind severe human rights violations, including casualties, missing persons, and mass graves. Missing persons are a major concern for humanitarian work, as their families suffer from the uncertainty surrounding their fate. Here, the importance of genetic fingerprinting emerges as an effective tool in uncovering the fate of the missing, contributing to identifying their identities and reuniting families separated by conflicts. This study addresses various applications of genetic fingerprinting in managing humanitarian crises post-armed conflicts, from theoretical foundations and definitions to diverse uses and practical challenges. The study also reviews the role of international organizations in supporting the development of sustainable local forensic capabilities.

Abstract: This research aims to analyze the fundamental pillars of building a civil state in Iraq, focusing on the rule of law, the separation of religion and politics, democracy, and the impact of sectarian quotas, sectarianism, and militarization of society. The rule of law is essential for ensuring justice and equality by applying laws fairly and without discrimination. The study also explores the importance of separating religion from politics to maintain state neutrality and protect pluralism. Democracy serves as the foundation for good governance and peaceful power transitions. However, sectarian quotas and sectarianism pose significant challenges to state-building, as they deepen divisions and weaken institutions. Additionally, the proliferation of weapons and militarization of society have undermined state authority and empowered armed groups. The study concludes that overcoming these challenges requires comprehensive legal and political reforms, fostering a culture of citizenship, and strengthening democratic institutions to ensure a stable future for Iraq.

Abstract: This study examines the impact of economic sanctions on international relations through the case of Iran, where sanctions are used as a tool for political and economic pressure by major powers and international organizations. The research explores the sanctions imposed on Iran by the United States, the European Union, and the United Nations, analyzing their effects on Iran’s economy and foreign policies. It also investigates Iran’s response strategies, such as strengthening relations with countries like China and Russia and finding ways to bypass financial and trade restrictions. The findings indicate that economic sanctions have significantly impacted Iran’s economy, particularly in the oil and foreign trade sectors. However, they have not led to a fundamental shift in Iran’s foreign policies. Instead, Iran has sought alternatives to strengthen its domestic economy and enhance cooperation with non-Western countries. The study highlights that while economic sanctions can affect targeted states, they do not always achieve their intended goals, as sanctioned nations often develop

Abstract: Banks commit to maintaining the banking secrecy of their clients and refraining from disclosing it to others, considering it entrusted to them. Therefore, banking secrecy is a significant legal topic related to banking operations and modern economic systems.
The bank's obligation to keep confidential the facts and data it becomes aware of in the course of its banking activities is balanced by the client's right to safeguard their secrets. By the nature of its work, the bank acquires detailed information about the wealth, activities, and transactions of its clients and others, including personal and familial information, thereby becoming a custodian of these secrets. Legislation, judicial precedents, and customs worldwide agree that banks are obligated to maintain the secrecy of information and facts related to their clients' economic activities that come to their knowledge. Laws also require external individuals who access these secrets due to their professions, such as judges, auditors, tax inspectors, and central bank employees, to uphold confidentiality. Violation of this duty constitutes a disclosure crime.
However, there are legal exceptions that allow banks not to comply with the duty of confidentiality towards their clients' banking secrets. These exceptions occur when the client's interest in maintaining their financial secrets conflicts with other public or private interests that are deemed more important. This study seeks to explore these exceptions and define the corresponding legal penalties for each case.
© 2023 TUJR, College of Law, Tikrit University

Abstract: It is not surprising that Russia seeks to regain the position it lost following the collapse of the Soviet Union in late 1990 and early 1991, which represented a resounding end to the Soviet empire and its geopolitical ambitions, given that it considers itself the legitimate heir to the Soviet Union. It has returned through a strategy of self-building to be an internal starting point for moving towards the regional and then international framework. Within the framework of the geopolitical orientation on how to restore regional and international status, there was no deep intellectual separation regarding the importance of the regions that were under its control, or in its previous strategic perspective compared to the current perspective of the Russian Federation.

Abstract: The ruling concerning the condition related to housing pertains to the wife's right to suitable accommodation. The personal status law strengthens her right to demand that the husband provide housing that is appropriate to her economic and social circumstances. This accommodation can be a room, an apartment, or an independent house, and it is a right established from the date of the marriage contract. The wife is granted this right even during the 'Iddah (waiting period) after divorce or death, but certain conditions apply depending on the type of 'Iddah and the presence of children.
The law not only specifies the wife's right to demand housing, but also continues her right to residency even after her 'Iddah has ended, which contradicts some jurists' opinions who believe that housing remains only for the wife and the woman observing 'Iddah. Moreover, Article (39/F3) of the Iraqi Personal Status Law emphasizes the divorced woman's right to compensation, especially in cases of arbitrary divorce, which limits the strength of arguments that oppose the wife's right to housing. Furthermore, the law stipulates that the accommodation must be in Iraq, disregarding life changes and modern means of transportation. The wife can impose specific conditions on the housing within the marriage contract, and the assessment of the availability of these conditions depends on the judge's discretion. If the judge proves the availability of the conditions, the wife must obey. However, if the husband fails to provide the accommodation, the wife has the right to demand separation and alimony. This research focuses on analyzing these legal and Sharia (Islamic law) issues related to housing.
© 2023 TUJR, College of Law, Tikrit University