Journal of Juridical and Political Science

International covenants and agreements have regulated the rights of prisoners and detainees in many texts and places, including the declarations, agreements and covenants issued by the United Nations to protect human rights, starting with the United Nations Charter and the Universal Declaration of Human Rights, followed by the International Covenant on Civil and Political Rights, and other covenants and agreements that came to include the rights of prisoners and detainees. When referring to the Universal Declaration of Human Rights, which is considered one of the most important international covenants at the present time and is considered a reference for acquiring rights, and the most important thing that the international community has reached to protect the human being and prevent the violation of his dignity and humanity, this is because this declaration is considered comprehensive due to the provisions and recommendations it includes, all of which aim to grant rights to the human being, protect him, provide care for prisoners and detainees and recognize their basic rights.

The religious institution throughout history has had an important and effective role in confronting the challenges facing societies, especially Arab and Islamic societies alike, from destructive and extremist ideas. Moderate clerics, whether Muslims or non-Muslims, have often had a significant impact in correcting the paths of extremist and hate speech, especially since our world today is witnessing serious deviations in the field of social, religious and moral values and the resulting fanaticism and extremism in understanding religious issues, which has generated a major intellectual deviation that has caused the outbreak of wars. The strife and internal fighting were aided in this by the electronic development, which later resulted in a major challenge to the religious institution in how to address and correct the paths of the youth group, which is the group that is most accommodating to the absorption of ideas. Therefore, the religious institution began to define moderate religious discourse and the sound intellectual structure of society. Therefore, I tried with this study to shed light on a group of problems and questions, trying to answer them in the folds of the research, and perhaps the most important of them.

The research folds, perhaps the most important of which are:

What are the dimensions of the religious institution and the importance of its goals towards the individual?
How did the religious institution contribute to consolidating moderate values throughout history and to this day.
What are the most prominent efforts of the religious institution in confronting deviant ideas and hate speech at the present time.
The most prominent contemporary challenges that societies suffer from as a result of extremist ideas and hate speech?
Perhaps it goes without saying that the religious institution and its discourse in general are of great importance because it is an important means of communication with societies. It is considered the most important factor in shaping the mental structure of individuals and one of the most basic influences on the human psyche. The discourse of the religious institution is still the only basic means available to guide individuals and change societies, and we have in our present time much evidence.

Since the formation of the Supreme Constitutional Court in 2016, it has taken the initiative to protect human rights in Palestine in light of the legislative legacy applied in Palestine from the era of Ottoman rule to the British mandate, through the Jordanian rule in the West Bank and the Egyptian administration in the Gaza Strip to the legislation of the Israeli occupation until the era of the state of Palestine.

One of the most important rulings issued by the Supreme Constitutional Court since the beginning of its work is that it added the constitutional control granted to it by the text of the amended Basic Law of 2003 and its amendments ( the interim constitution) to all legislation in force and applicable to the Palestinian people, regardless of the legislative authority that issued such legislation.

It is known that a number of laws dating back to the Ottoman era are still being applied in Palestine, the most important of which is the Journal of judicial rulings, which is considered the civil law in Palestine, and other legislations that are still in force both during the era of Jordanian rule of the West Bank and the Egyptian administration of the Gaza Strip.

Therefore, since its formation, the Supreme Constitutional Court has dealt with violations of human rights and ruled in many of them the unconstitutionality of legal texts of legislation issued in different time periods, in addition to the interpretation of the Supreme Constitutional Court of the text of Article 10 of the amended Basic Law of 2003 and its amendments related to accession to international conventions on human rights (Decision No. 5/2017), as we will see in the folds of this research.

Therefore, the research will be divided into two sections, in the first section we talk about the role of the Supreme Constitutional Court in interpreting the texts of the Basic Law as well as the interpretation of the texts of ordinary laws, while the second section is devoted to the evaluation of Decision No. 5/2017 issued by the Supreme Constitutional Court and its implications, which identified the mechanisms of ratification as well as the entry into force of international conventions in Palestine, in an attempt to demonstrate that the decision provides adequate protection of human rights.

The international organization is the highest level and degree of interaction between countries, and the international system is full of international and regional conflicts alike, in contrast, in order to organize international work in light of the ongoing conflicts, diplomacy comes to be the ideal solution to resolve these problems and keep individuals away from the disasters of wars and conflicts and provide assistance to them, which is one of the most important issues of organization called for by international laws to protect human rights, this is represented in particular and to a large extent in multilateral diplomacy, especially the state of unrest and instability witnessed by the Middle East region, hence the study will address these issues and shed light on them and ways to solve them and the role of multilateral diplomacy in them.

This research examines the impact of violence and conflict on human rights and sustainable development. Considering the challenges facing societies in armed conflict, the research aims to examine the complex relationship between the humanitarian, social, and economic dimensions of conflict, and how they impact fundamental human rights such as the right to life, education, and health. It also reviews all aspects related to sustainable development, and how conflicts can hinder the achievement of internationally agreed sustainable development goals using a descriptive-analytical approach and a legal approach. In parallel, it presents strategies and best practices for promoting peace and sustainable development in these societies. The research also analyzes international legal and political obligations to protect human rights and promote development in conflict-affected areas, emphasizing the importance of cooperation between states and the international community to achieve these goals.

Peace and societal peace is one of the most important things that nations seek to achieve ,in order to preserve their gains and develop their capabilities ,the United Nations ,through its resolutions on peace, the latest of which was the agenda of the Sustainable Development Goals (SDG) Goal(16) , which worked to establish peace and build the foundations of coexistence between religions and cultures, and that religious discourse today constitutes a fundamental pillar for building peace and achieving peaceful coexistence away from hate speech and violence.
Our research concluded that the most important results are that the agenda of the sustainable development goals represents of it lifts countries from low situations and conflicts , conflicts and disputes to advanced situations in which peace prevails.

The issue of human rights is one of the fundamental issues that international and local efforts are working on to protect. In this context, the office of the United Nations high commissioner for human rights stands out among the internationals efforts that have had an effective role in Iraq, represented in the promotion and protection of human rights through its efforts in monitoring and exposing violations through the field collection process in Iraq and submitting reports on them.

In addition to capacity building through conducting training courses, cooperating with international and local bodies, and providing support and advice to the Iraqi government, despite these efforts, it faced major challenges that hindered its work. These challenges were “political, security, economic, and cultural.” The security situation, the spread of political conflicts, financial and administrative corruption, and the politicization of humanitarian aid are all matters that make the tasks entrusted to the High Commissioner difficult to complete in the best possible way. However, its role remains essential to ensure Iraq’s commitment to its path towards protecting human rights and achieving justice and equality for all its citizens.

Various international conventions have emphasized the protection of human rights in general, in addition to their emphasis on the protection of cultural rights from any violations they may be exposed to. The protection of cultural heritage, whether archaeological or heritage, is one of the most important aspects of the protection of cultural rights. However, the Iraqi cultural heritage has been subjected to many violations in various forms, including its exposure to destruction during armed conflicts. Despite the emphasis of international conventions related to human rights on the protection of cultural rights, represented by the protection of the cultural heritage of peoples as one of the cultural rights, the internal laws of countries have emphasized the protection of cultural heritage, i.e. the protection of the archaeological and heritage civilizational heritage, according to their texts, including the Iraqi Antiquities and Heritage Law No. 55 of 2002 in force. This came with the aim of providing the greatest degree of protection and preservation of our cultural heritage and preventing attacks on it, on the one hand, and emphasizing the protection of cultural human rights in Iraq, on the other hand.

The boundaries of the relationship between community security and human rights principles are consistent with approaches that balance the promotion of human security while not compromising human rights under the shadow of conflict and its aftermath. The imposition of security does not necessarily entail disregard for human rights. Rather, the human value system, according to contemporary security studies, has a distinct cultural, linguistic, religious, ethnic, and other status, which has contributed to reformulating the concept of security by preserving human rights values. As a result, the concept of security has become more expansive and comprehensive, and the human being and his rights are the fundamental focus around which security revolves in general, and a starting point for achieving community security in particular. This requires, first and foremost, the preservation of national human rights sources guaranteed by the constitution, and international human rights legally regulated, and related civil and political rights, as well as economic, social, and cultural rights.

In times of crisis and conflict, the media emerges as a vital tool for exposing human rights violations, amplifying the voices of victims, and mobilizing international pressure to end violations. Through investigative reporting, firsthand testimonies, and awareness campaigns, the media contributes to exposing violations (such as war crimes and forced displacement) and protecting civilians by highlighting their suffering. It also promotes accountability by documenting evidence against perpetrators, countering misinformation, and disseminating reliable information. However, it faces many challenges, such as repression, dangerous fieldwork, and misinformation by warring parties. Despite these challenges, the media remains an indirect weapon for saving lives and exposing injustice. However, its success requires a supportive environment (legally, technologically, and ethically). Therefore, it requires legal and international support to ensure its independence and effectiveness. In times of war, news becomes a weapon, and the truth becomes its first victim.

International non-governmental organizations play a vital role in addressing crises and conflicts by protecting human rights and minimizing their harmful effects, while adhering to a policy of non-discrimination. They provide assistance to the vulnerable, including the wounded, sick, refugees, displaced persons, and disaster victims. These organizations also document human rights violations and gather evidence to present to international courts, promoting compliance with international humanitarian law. Notable examples include the International Committee of the Red Cross and Amnesty International. This study is divided into two sections: one on their nature, and the other on their role during conflicts.

The Role of National Institutions in Promoting Human Rights – The High Commission for Human Rights as a Model.
National human rights institutions play a crucial role in protecting and promoting rights at the local level, relying on international standards, particularly the Paris Principles, which ensure their independence and efficiency.
The High Commission for Human Rights monitors human rights conditions and provides recommendations to relevant authorities to ensure that laws and policies align with international standards. It also contributes to raising awareness of human rights through educational and training programs, in addition to receiving and reviewing complaints to uphold justice and strengthen the rule of law.
Furthermore, the Commission plays a significant role in preparing national reports on human rights conditions and participating in international dialogues to enhance the state's human rights commitments. It also fosters cooperation with government institutions and civil society organizations to ensure the implementation of effective mechanisms for protecting rights and freedoms.

Over time, people have suffered from armed conflicts, as these conflicts have been considered a direct threat to the rights of civilians, and many innocent civilians have been victims of these conflicts. Here, it is necessary to identify the challenges of protecting the rights of civilians in armed conflicts and how to enhance them by taking all necessary measures. To reduce the occurrence of a humanitarian catastrophe as a result of these conflicts, protect civilians and prevent harm from reaching them, whether psychological or physical, in addition to providing economic and social support to the affected areas and confronting the challenges resulting from these armed conflicts of fanaticism, displacement, killing, discrimination and other inhumane violations against defenseless civilians, and trying to enhance the protection of civilian rights and enhance education and awareness.

Transitional justice is a set of mechanisms adopted by society and the state with the aim of addressing human rights violations caused by previous dictatorial governments. To understand the role of transitional justice in promoting human rights, it is necessary to know its concept and its jurisprudential definitions found in some local laws, as well as to identify its most important mechanisms and how to apply them to work to correct the painful past by clarifying the truth of violations, identifying their perpetrators and punishing them. Therefore, it is necessary to repair the damages and compensate the victims as a result of the violations they were subjected to, and to reform the institutions that caused those violations, including the constitution, unjust laws and the judicial structure, with an emphasis on immortalizing the memory of violations in a way that enhances the role of justice.

The mechanisms for redressing victims of human rights violations in Iraq involve a set of procedures and measures aimed at compensating and rehabilitating victims. Transitional justice seeks to achieve several goals, including: stopping ongoing human rights violations, investigating past crimes, identifying and punishing those responsible for the violations, compensating victims, and maintaining lasting peace. In Iraq, several transitional justice institutions have been established, including judicial bodies like the Iraqi High Criminal Court for prosecuting officials from the former regime and the Property Claims Commission, which works on resolving property disputes, as well as non-judicial bodies such as special committees for compensating victims and the Martyrs Foundation, which strives to provide support to their families, including financial compensation and educational, health, and social care. All these efforts are aimed at achieving the objectives of transitional justice. To comprehensively cover the elements of this study, it has been divided into two main sections: the first section is dedicated to \"The Nature of Redress\" and the second section explains \"Judicial and Non-Judicial Institutions Concerned with Redress for Victims of Human Rights Violations.

Armed conflict in recent decades has wreaked havoc on the lives of millions of civilians. Serious violations of international humanitarian law and international human rights law are common phenomena in many armed conflicts. Under certain circumstances, some of these violations may constitute genocide, war crimes, or crimes against humanity. War is a constantly evolving phenomenon, and international human rights law and international humanitarian law must be continually harmonized to avoid any gaps in the protection they provide. International human rights law and international humanitarian law share the goal of preserving the dignity and humanity of all.

Non-international armed conflicts have witnessed a remarkable development throughout history, after the interest was limited to international armed conflicts, due to the excessive violence that non-international (internal) armed conflicts carry towards human rights, crimes against humanity and slavery, where civilians face serious violations of their rights. The spotlight was shed on the nature of the protection enjoyed by victims of non-international armed conflicts from the perspective of international humanitarian law, and the focus was on the challenges and solutions necessary to be taken into account to preserve human rights, and the role of international bodies and organizations in order to enhance the protection of human rights. The study dealt with the distinction between internal and international conflicts, and the most important special agreements to guarantee human rights during internal conflicts.

Sustainable development is a major component that ensures political stability and aims to consolidate the concept of citizenship and achieve stability and integration within society. The topic of sustainable development has occupied the world's attention for more than twenty years in the social, economic and even environmental arena. Sustainable development has become a global school of thought adopted by official and unofficial institutions that are required to implement it. Therefore, sustainable development meets the needs of the current generation without compromising future generations to meet their needs. Therefore, Iraq suffers from a significant deterioration in sustainable development indicators, due to the challenges Iraq faced in achieving sustainable development in the country, due to the crises that the country suffered from, especially the spread of the phenomenon of administrative and financial corruption, the spread of poverty and high unemployment rates, in addition to societal problems, such as terrorism and organized crime, the phenomenon of drug abuse, and disrespect for the law, in addition to the prevalence of the phenomenon of encroachment on public property in the country. Therefore, achieving sustainable development requires consolidating the idea of ​​citizenship, achieving integration and stability within Iraqi society, increasing rates of participation in political life, and working to support the idea of ​​central government and good governance.

Diplomacy is an effective tool of politics and cannot be dispensed with in any of the ages of any of the countries, no matter how its strength and strategic importance, and in any circumstance, whether at the time of peace or war, and that diplomacy is not modern but rather old as the feet of human history, but it is little by little with the development of time and it flourishes at a certain time and weakens in the other, and if traditional diplomacy went in a field that does not exceed political affairs and modern diplomacy has done modern.

In new situations that were not familiar before and the world became a small village in light of the tremendous progress of transportation, communications and military and technical development, technology has played an important role in making diplomacy more effective to include accelerating and facilitating negotiations, exchanging information and accessing them as well as to influence public opinion and establish international relations at the same time that made the communications revolution than the task of diplomats are more sensitive The wrong official practices on the platform of social networking sites, and that the traditional understanding of the space of international relations was affected by the actions of states with factors related to influence and power while the content of diplomacy revolves on the issue of peace and war only, but in the new environment modern diplomacy included in the era of technology and information in broader areas as well as included illegal immigration, terrorism, human rights, drug trafficking, the spread of weapons, internal conflicts and all Crises have turned into diplomacy towards the commercial and economic field and the emergence of new actors such as the ministries of finance and trade and central banks that were previously operating under the Ministry of Foreign Affairs in addition to multinationals as well as those involved in financial markets and whose role is gradually escalating at the expense of government agencies.

The importance of research lies in highlighting the concept of diplomacy and its role in resolving conflicts between countries and achieving international security and peace.

The research problem is what is the role of diplomacy in resolving conflicts and achieving peace.

From this problem, the following questions can be asked:

What is meant by diplomacy ?
What are the types of diplomacy?
What is the role of diplomacy in achieving international security and peace ?.
The research starts from the hypothesis that a multilateral diplomacy has worked to resolve the conflict and achieve peace in the regional and international environment as a result of the emergence of new transformations that occurred on the units of the international system.

By virtue of the privacy of the subject of the research related to the existence of real, growing problems that caused conflicts and trying to know the role of diplomacy and the results that we can lead to, we have intentionally;

Approach of organizational analysis by studying the factors and reasons that led to the use of diplomacy inputs and then studying the interaction of those inputs and their impact on resolving conflict and achieving security and peace and its reflection on the regional and international environment outputs.

The research was divided into two topics, an introduction and a conclusion that guarantees the first topic the theoretical framework of the concept of diplomacy that guarantees the first requirements the establishment of the concept of diplomacy, while the second requirement is the definition of the concept of diplomacy, while the second topic dealt with the role of diplomacy in resolving conflicts.

Transitional justice is one of the most important topics in the field of human rights, and therefore it receives much attention. It represents an important pillar in achieving security and stability in societies that have been exposed to a period of conflict, as it includes many guarantees that achieve peaceful coexistence in society and address the legacy of the era that a particular society went through ,which led to it being exposed to many violations related to human rights and achieving lasting peace in it.

Transitional justice is considered comprehensive justice, as it is based on several mechanisms to achieve it, including working to uncover and bring those responsible for violating human rights to justice, and working to overcome that society's past legacy and achieve societal reconciliation, all in order to achieve the lofty goal of creating a society where security, stability, and respect for human rights prevail. Transitional justice is not limited to holding human rights violators accountable and achieving reconciliation, but also focuses on the victims of these violations by approving compensation for them, redressing the harm they suffered.

Vulnerable and fragile groups of society during armed conflicts are exposed to violation, destabilization and loss of their basic rights, which have given the principles of human rights through international conventions and legislation great attention to them without a doubt, and the researcher chose the model among these categories is the Iraqi child for what the children of Iraq went through from a difficult and critical period, and the time range of the research is during and after the control of ISIS on areas in Iraq.The first topic: the concept of search terms, conventions and related laws, the first requirement included: the concept of protection and vulnerable groups, as well as the concept of children, armed conflict and international humanitarian law, which is:

The second requirement: international laws and conventions in this regard, the Convention on the Rights of the Child, the Geneva Conventions that protect civilians during armed conflict, especially The second topic: the reality of the Iraqi child during the war with ISIS, and this was explained based on the annual reports of the High Commission for Human Rights from 2014 to 2017 and included several demands.

The first requirement: the right to life, safety, the right to health and a statement of the danger of child recruitment, the second requirement: the conditions of the child in displacement camps: where the child suffered in the camps because they are inadequate and do not have the elements of a healthy life, the third requirement: violation of the right to education: where children left education in schools as a result of displacement and forced displacement, the fourth requirement: losses from civilian victims during liberation: Civilians and vulnerable groups, including children, were subjected to death, destruction, abortion of pregnant women, and lack of health care and medicine as a result of the war.

In the contemporary international system, human rights have become a tool used by major powers to achieve political gains. They are employed according to strategic interests rather than adherence to them as a unified universal value. The United States and Western countries often use human rights as a means of pressuring states that oppose their policies, while ignoring violations committed by their partners and allies. In contrast, countries such as China and Russia adopt a discourse focused on "national sovereignty" as a pretext to avoid criticism, reflecting clear contradictions in the application of human rights standards at the international level.

The international system currently faces major humanitarian challenges that directly impact human rights. Ongoing armed conflicts, such as the wars in Palestine, Syria, and Yemen, have resulted in gross violations of civilian rights, with war crimes being committed amid the inability of international organizations to intervene effectively. The refugee crisis resulting from these conflicts also casts a shadow over human rights, with some states adopting discriminatory policies towards migrants and displaced persons.

Populism in Political Thought: Its Impact on Human Rights

Populism is a modern political phenomenon whose influence is increasing in contemporary political contexts، and it has become a major focus in contemporary political thought. Populist thought is primarily understood as a political discourse that presents itself as representing the popular will، opposing ruling elites and traditional institutions. However، the impact of populism on human rights raises fundamental questions about the balance between expressing the will of the people and protecting individual and collective rights.

In democratic contexts، the impact of populism on human rights appears to be contradictory. On one hand، populism may seem to promote equality and social justice by raising issues such as wealth distribution and economic justice. On the other hand، populism often shows a tendency to marginalize the rights of minorities، prioritizing the interests of the majority at the expense of fundamental rights. The populist discourse، which focuses on hostility towards elites، may create a political environment that restricts individual freedoms and undermines the independence of human rights institutions.

One of the most prominent aspects of the impact of populism on human rights is seen in attempts to reduce the rule of law and undermine the rights of minorities. With the rise of populist movements، concerns grow about threats to freedom of expression and press freedom، as some populist governments adopt restrictive policies that harm public freedoms. This direction contradicts the fundamental principles of human rights، which are based on respecting the dignity of individuals and protecting them from arbitrariness.

On the other hand، there are growing concerns about the erosion of democracy due to the transformations brought about by populism. Populist regimes may seek to weaken democratic institutions، such as an independent judiciary، limiting the protection of human rights. In many cases، populist discourse is used to justify the suppression of social movements that defend civil and political rights.

In conclusion، populist thought interacts with human rights as a complex and multifaceted phenomenon. Although populism may reflect a genuine desire to address economic and social issues، it often poses a real threat to public freedoms and minority rights. Therefore، there is a need for an in-depth study to understand this interaction and its impact on the future of human rights in modern democratic systems.