Journal of Juridical and Political Science

The issue of human rights has consumed immense international efforts and garnered significant global attention. Through these endeavors, the international community has sought to establish rights within international charters that could constitute an almost complete legal framework for the protection of human rights in case of its encounter with a genuine will to activate and enforce them. Yet, the effectiveness of international human rights protection does not simply rely on the existence of legislating texts defining these rights; rather, it requires the presence of mechanisms that surveil the actual presence of these rights and the means that address the challenges that hinder their enforcement.

One of the most significant obstacles to the effectiveness of international human rights protection is the dilemma of reconciling the requirements of such protection on an international level with the principle of state sovereignty. Additional challenges may arise from the legal frameworks that establish these protections and the mechanisms devised for their implementation, or they may be linked to the subjects of these provisions and their lack of compliance with them.

Thus, this study revolves around a central research question: Have international efforts resulted in effective human rights protection in addition to what impact have the challenges faced had on enforcing this protection? From this central issue, several secondary questions emerge, including: What is the nature of the mechanisms provided by international human rights instruments? Is there a conflict between state sovereignty and the obligations imposed by human rights treaties? Additionally, this study will employ an analytical and inductive approach to scrutinize international endeavors to protect human rights and the challenges that confront achieving their objectives.

The phenomenon of extremism, along with the associated violence and terrorism, and the fear, terror, killing, and destruction that accompany it, has become a defining feature of the contemporary world in which we live. It is a phenomenon that has recently occupied public opinion and generated much debate among scholars and thinkers. The term has become a common term on people's lips and in the media. Most thinkers speak of extremism as if it were a new phenomenon, but it has existed since ancient times. There is no doubt that extremism manifests itself in the behavior of many people and is due to several factors and motivations that drive it. It is crucial to review the factors and motivations that contribute to the emergence of this phenomenon, its causes, and the factors that fuel it.

The right to freedom of expression is a fundamental human right, as stipulated in Article 19 of the Universal Declaration of Human Rights. Every person has the right to express his opinion clearly and frankly, and no one has the right to confiscate this right, whether this right is exercised in a real physical way or through social media, especially in light of current conflicts, whether these conflicts are political, economic or social. For example, a political conflict between a group of parties, a raised social issue, or an expected economic crisis. In this case, it is the right of every individual to express his opinion regarding these crises and conflicts, as they affect him or his family in the future. Iraqi laws have guaranteed this right, most importantly the Iraqi Constitution, which referred to this right in Article 38: The State guarantees, without prejudice to public order and morals: First: Freedom of expression of opinion by all means. Second: Freedom of the press, printing, advertising, media, and publishing. By the phrase "by all means," Iraqi law guarantees this right even if it is exercised via social media or the internet, as is the case in discussion forums. Legally, however, the right to freedom of expression is not an absolute right, and depends on several factors, including: Legal restrictions: In most countries, freedom of expression is permitted, but restrictions are imposed on what may constitute hate speech, incitement to violence, or a threat to national security. Social customs and traditions: The limits of freedom of expression vary from one society to another, depending on prevailing customs and culture. What is considered acceptable in one society may be unacceptable in another. In addition, institutions and professional fields, such as work environments or universities, there are rules governing the manner of expression, such as adhering to the etiquette of dialogue and not harming the reputation of the institution.

Since the advocacy discourse is the most important concern of Muslims today, it was necessary to develop the advocacy discourse in accordance with what is in line with the times, and in order for the advocacy discourse to develop, it was necessary to develop the means. This study talks about the means of advocacy discourse in the light of renewal. It talks about the concept of advocacy discourse, its purposes, and the necessity of renewing the means. It deals with the most important traditional means that preachers cannot abandon, and the most prominent modern means. Through the study, there was an attempt to evaluate the positives of modern means in the preaching discourse, and to get rid of the negatives and fight them, and through them the reality of dealing with these means appeared.

We also showed in the study the most important preachers and reformers who worked to renew the means, and the most important and common means that tried to serve the preaching discourse. In general, the study answers the most important question, which is the extent of the impact of renewal on the means of preaching discourse in order to make it a preaching discourse in line with contemporary reality.

The homeland of Iraq is a large mixture of sects and Arafidians, which provides it as a model of diversity and coexistence between different sects, ethnicities, and nationalities. However, this diversity may often lead to political conflicts or homogeneous conflicts. The fragile and weak social groups that belong to this diversity (minorities) had the largest share of these conflicts, which made it necessary to adopt international and national rules to ensure the protection of the rights of minorities. Especially since the latter had moved during the era of the United Nations from the specificity of rights to the universality of human rights rules, and began to look at members of minorities on the basis of their belonging to the human community and not their belonging to the minority group, and thus this group was concerned with many national laws, rules, declarations and international agreements. This study came to pose an effectiveness problem National and international guarantees for the application of these laws and rules in order to achieve equality among all members of one society. This study will include, in addition to the guarantees ensuring respect for the rights of minorities, an explanation of the concept of minorities, the concept of political conflicts, and the most important national and international rules guaranteeing the rights of minorities through studying the relevant national legal and constitutional provisions and analyzing them to reach the extent of their effectiveness in achieving the purpose for which they were created.

Besides the judicial work, which is the judge's original activity, there are other works that cannot be described as judicial work in the narrow sense, namely orders on petitions, which are not required to involve a dispute that the judge seeks to resolve, or a judicial dispute in which he seeks to issue a judicial ruling, but the competent judge considers the law to issue them under his jurisdiction and not under his judicial authority, recourse to the judiciary is done by one of two means, either through a lawsuit or through a petition submitted to the judge the competent person to issue the order on it.

The inability of the international community to uphold human rights, especially in non-international armed conflicts, has prompted the quest for a new human rights protection mechanism known as the Responsibility to Protect (R2P). R2P is a novel idea that justifies action to safeguard humankind. R2P is the idea that states have an obligation to safeguard their citizens against crimes against humanity, war crimes, ethnic cleansing, and genocide. When a state blatantly fails to safeguard its citizens, whether because of its own responsibility for these crimes or because it is unable or willfully unwilling to do so, the international community bears duty. It has become evident that the R2P principle has a number of implementation issues, indicating its shortcomings. Regarding the R2P principle's implementation preparations, no significant actions have been taken through regional organizations or UN mechanisms.

Hybrid warfare is one of the modern wars that has become part of countries\' strategies due to its impact and low human and material costs, following the scientific development in the art of electronic warfare and the development of global communication methods. And the use of the virtual world to launch attacks and influence the target state, in addition to its horrific violation of human rights, especially the right to a healthy environment, the right to privacy, and freedom of opinion and expression. In this research and in the first section, we will try to shed light on the concept of hybrid warfare, which was used for the first time in 2005. Through two branches, the first branch was devoted to explaining the implications of the concept of hybrid warfare, its characteristics and means, and in the second requirement, through two branches, we explained the impact of this war on human rights in the first branch, and the Russian-Ukrainian war was taken As an example of the agreement of most writers that it is a clear picture of hybrid warfare in the second section, and at the conclusion of the research we put the most important conclusions and recommendations that the research reached.

In 2025, a general amnesty law was passed in Iraq. Opinions differed regarding its potential impact on human rights, including peace. Some were optimistic, believing it would be beneficial, while others agreed, believing it would increase risks. This differs from the differences in this work, which involved distributing questionnaires to samples of society to determine which of the two opinions was more correct. After a thorough investigation and analysis, it was found that while the law had harmful effects, its positive effects would be greater and would enhance human rights, and thus peace in Iraq, in the long term. This is because it would reduce injustice and hatred in society and instill a spirit of tolerance among individuals.

Extremism is one of the risks that affects human security, economy and life and affects the state with all its institutions, and this extremism is often translated into terrorist acts, so all types of terrorism and its forms result from intellectual, religious, political, economic, social and other extremism, and extremism in the beginning is a special ideas that translate into criminal and terrorist acts when the appropriate conditions are available for this, and Iraq has witnessed since 9/4/2023 an unprecedented wave of extremism and terrorism the latter does not rely on the armed forces only, but there are political, economic and diplomatic tools shared by all institutions The official and unofficial state, which what will be studied in this research.

The security establishment generally performs a number of objectives in society, including: achieving security and stability, and protecting civilians, during times of peace. During times of war or internal armed conflicts that occur between the security establishment and armed groups outside the law, additional tasks and exceptional efforts are required from that establishment. This is what the Iraqi security establishment demonstrated during the liberation battles against the terrorist organization ISIS. It had to provide protection to the civilians whom the terrorist organization ISIS had detained and used as human shields to prevent the advance of the liberating Iraqi forces, in addition to providing safe corridors to facilitate their displacement and exit to safe areas far from the sites of operations. Providing medical assistance and immediate first aid. Among these Iraqi security institutions is the Iraqi Counter-Terrorism Service (research model), which has made exceptional efforts since the start of combat operations until the liberation of all Iraqi territory. The battle to liberate Nineveh is a prime example of this.

This research examines the concept of personal freedom of ownership and its fundamental role in ensuring the exercise of other freedoms, such as economic, social, and political freedoms. It highlights the problems that arise when these freedoms are restricted, particularly in exceptional circumstances, when authorities may be granted broad powers to restrict or suspend constitutional provisions relating to individual rights. The research compares constitutional approaches to the issue of restricting personal freedoms with international conventions, attempting to assess the extent to which domestic legislation adheres to these controls. It also discusses the differences between regulating and restricting personal freedoms, highlighting the role of legal frameworks in achieving a balance between individual interests and the public interest.

There is no doubt that armed conflicts that arise as a result of a difference in interests or a lack of compatibility in visions in managing the country, and the difference in these visions may lead to the outbreak of armed conflicts that may be internal or external. In both cases, they are considered among the most powerful influences on the right to electoral participation. Internal conflict contributes to dividing the components of the people according to an ethnic component, i.e. races and nationalities, or sectarian according to different religious doctrines. In all circumstances, these divisions contribute to mobilizing the electoral public in favor of those categories and components. As for the second conflict, it is an external war between one state and another, and it may also be due to a struggle for influence or a political and economic conflict. It is also not without influences on the electoral process because the people and the government in that period are primarily concerned with repelling aggression from the country, and the importance of elections comes because they bring the political authority to power.

Human rights are one of the important topics under which several topics related to human rights fall, perhaps the most important of which is the right to choose one's faith and practice religious rites, which is one of the constitutional rights guaranteed by the Constitution, as it affirms in Article (43) that "every religion or sect is free to practice religious rites, including Husseiniya. 2- The State shall guarantee freedom of worship and the protection of its places."

The Penal Code followed the approach of the Constitution and stressed the right of a person to protect his religious rites and criminalize assault on them, so the legislator affirmed the right to practice religious rites by criminalizing anyone who assaults them, and the philosophy of the legislator lies in protecting religious rites because they are associated with freedom of belief as well as freedom of expression, as well as protecting social solidarity, community peace, respect for beliefs, acceptance of the principle of peaceful coexistence and not forcing members of society to practice religious rites without the other, in the sense of protecting the freedom of human will and the ability to choose and this philosophy The legislator sought to criminalize the assault on the right to practice religious rites are the considered interests that he saw as worthy of protection.

Human societies have witnessed many humanitarian disasters resulting from the effects of armed conflicts and wars in various forms. The basic necessities within the framework of international organization have prompted various international and domestic parties in particular to seek serious solutions to the devastating effects of military actions and to try to spare civilians the dangers of such actions, while at the same time seeking to strengthen the means that prevent the emergence of internal conflicts and crises, the most important of which is the consolidation of human rights among the people of various ethnic and racial compositions. Finding the means to achieve these goals has become a matter of interest for those concerned with humanitarian workers and human rights advocates. International efforts that have been able, through the system of international humanitarian law and human rights law, to formulate the optimal form of this desired protection have borne fruit by urging the consolidation of human rights by states towards their citizens, which would make many groups safe from the dangers of wars and various armed actions and even contribute to preventing their emergence.

The principle of humanitarian intervention is one of the principles that have provoked legal and legal controversy and great debates on the level of its application. This is due to the fact that it is one of the modern principles that emerged with the evolution and change in the character of the international system and the fundamental changes in international relations. The adoption of the principle of human intervention also created a clear contradiction with the traditional principles of international relations such as the principle of sovereignty and the principle of non-interference in the affairs of States The above-mentioned argument has made the principle of humanitarian intervention a definition in terms of the concept and standards adopted for its We have concluded that the modern concept of humanitarian intervention is enshrined through the world orderand we have found that the seriousness of the political and legal implications of intervention, particularly with the existence of continental principles in general international law such as the principle of sovereignty and the principle of non-interference, has allowed the trend towards the responsibility of protection as an alternative to humanitarian intervention.

The United Nations faces significant challenges in fulfilling its role in maintaining international peace and security, particularly with regard to protecting human rights and ensuring the safety of civilians in the Gaza Strip, Palestine. This challenge stems from the international protection afforded to the Zionist entity by the United States, which uses its veto power to block resolutions condemning its aggressive practices. This repeated use of the veto reflects a fundamental contradiction with the fundamental principles upon which the United Nations was founded, particularly with regard to the protection of human rights. It has marginalized the rights of affected peoples and deprived them of the international protection the organization is supposed to provide. Continuing violations of international humanitarian law and universal human rights conventions, along with the United Nations' failure to prevent the genocide perpetrated against the Palestinian people, have negatively impacted the organization's effectiveness in managing international conflicts. These failures have also revealed the limited capacity of the United Nations to deal with conflicts arising from the strategic interests of the permanent members of the Security Council, in addition to its inability to prevent the outbreak of civil and international wars.

This study discusses the impact of wars on the sustainability of human rights in Gaza, which suffered from wars in which human rights were widely violated, as the study focused on showing the direct effects of the wars in Gaza, which violated the right to life, targeted health and educational facilities, destroyed infrastructure, as well as indirect effects: such as economic and social deterioration, and the psychological impact on individuals, which posed a real challenge to the sustainability of human rights. Therefore, it is necessary to strengthen legal and international efforts to hold perpetrators of violations accountable, in addition to adopting development strategies aimed at rehabilitating the Gaza Strip and guaranteeing the rights of its population.

This research explores the principle of the "Responsibility to Protect" (R2P) as a modern development in international law aimed at safeguarding human rights from grave violations, particularly in the context of armed conflicts and the wars of the 21st century. The study highlights the apparent tension between R2P and the traditional principle of state sovereignty and non-intervention, which raises legal and political challenges to its effective implementation. It also examines the main obstacles hindering the application of R2P, including the lack of political will, the selective application of the principle, and the weakness of international intervention mechanisms. On the other hand, the research identifies legal and political opportunities that, if properly utilized, could strengthen the implementation of R2P and contribute to reducing genocide and large-scale human rights abuses. The study concludes that the success of this principle depends on genuine international will and the development of clearer legal mechanisms that balance the protection of sovereignty with the imperative of safeguarding human rights.

In recent years, the term "humanitarian diplomacy" has emerged and become familiar to Humanitarian diplomacy represents a means of persuading opinion leaders and decision-makers to act on behalf of vulnerable people at all times and in various conflict zones. It can be viewed as a soft power tool aimed at protecting human rights and promoting respect for and dissemination of international humanitarian law, thus enhancing international peace and security. However, the concept of humanitarian diplomacy is controversial, given its imprecise and contested nature, and its practical application is unclear. This research will contribute to exploring the concept of humanitarian diplomacy, its scope and mechanisms of action, and the challenges it faces, as well as discussing the role of the United Nations Relief and Works Agency (UNRWA) in humanitarian diplomacy.

The term "sustainable development" or "sustainability" is used in many areas of life and has become a modern phenomenon that defines the path of progress for any country. It has thus become a key objective for many strategies and should be applied in economic, social, and environmental aspects of life. Its appeal has led to its widespread use, reflecting its multifaceted nature. This research paper aims to explore the impact of violence and conflicts on sustainable development, as well as the methods, mechanisms, and strategies used for conflict prevention, recovery, and achieving the best possible outcomes of the Sustainable Development Goals (SDGs) adopted by the international community. Sustainable development is a fundamental and common goal for all nations, seeking to continuously improve the quality of life and well-being of present and future generations. It is based on the interconnection between economic development, environmental protection, and social justice. The international community has proposed sustainable development as a means to mitigate the harm inflicted on our planet

Religious authorities play a major role in preserving human rights، through their great influence within Islamic societies، through sermons، religious sermons، fatwas، and others، which are adopted، as they work to enhance and guarantee those rights. Regarding the authority of Sayyid al-Sistani، it has played a major role in preserving human rights، and this was clearly evident in its major role within the country after 2003، as the religious authority was and still is a safety valve for those lying in wait، which was reflected in its role، which has been growing year after year، not distinguishing between sect، ethnicity، or nationality، making its role exceed the borders of the country، sometimes mourning the killing of people and other times denouncing the occurrence of operations that conflict with human rights and positions urging the provision of assistance، and other positions that we will learn about through the folds of this research.